This is drafted in favour of the client. To be used when a business engages the services of an individual freelance design consultant to design one or more products for that business (whether on behalf of that business’ clients as a sub-contractor or for the business itself).
Design Services Agreement (Client & Designer Individual) (B2B)
£90.00
Description
You should consider the following:
- The ‘Term’ of the agreement i.e. how long will this agreement be in operation? will there be a specific date for completion or will the agreement continue until such time as all the agreed work is completed?
- The project plan – is there going to be a rigid timetable for the work to follow or will the parties agree to allow the project to continue on an on-going, iterative basis until the work is completed?
- Project Fees – Will the Designer be paid a set amount on a routine basis e.g. monthly – if so, how much and when? Alternatively, will the Designer be paid as and when certain points/ stages/ milestones in the project are completed? or, will the Designer be able to submit an invoice detailing how many hours they have worked on the project and be paid on that time and materials basis? Will this hourly rate be agreed in advance?
- What will the arrangements be for charging for Additional Fees? For example, if work overruns or the nature of the project means that the Designer will have to Additional Work outside of the original scope etc – how will the Designer be able to bill for this sort of work?
- Will there be any other expenses associated with the project that the Designer is likely to encounter in the course of their work? Will the agreement allow the Designer to claim for these? If so, how will they be paid and when – either on completion of the project or at routine intervals? What will the process be for authorising expenses?
- Clause 4 – this clause sets out that the Designer should be paid the ‘Commissioning Fee’ on the date that the engagement commences.
- The parties should consider what the arrangements will be in the event that the agreement is cancelled within e.g. 5 days of the date the agreement comes in to effect (see optional wording) – will the arrangement be that the Designer is able to keep the Commissioning Fee to do with as they wish or will it be used towards costs of any future work arrangement between the parties?
- Intellectual property – who will own the rights for any intellectual property created as a result of this agreement? This agreement states that the IP in the Deliverables will be assigned rather than licensed. If you require an agreement where the IP is licensed, please use our Request-a-Quote service.
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