I'm whining....

[SidekickWD]

Okay, so this client of mine has me jumping through hoops, to the point I have had to raise our original agreement in price twice, changes his mind more than I change my underwear....

K, Fine. All of that I can deal with.

But. At the start of all this we had chatted (in a friendly, relaxed way) about my putting a "designed by" link discreetly at the bottom of his page. He was okay with it, no problem.

And now, he doesn't want that. At all. And I know I can't really say anything here. I know it. But damn! Not nice!

So...what if he says he does not want me to put his site as an example on MY own website? I feel I should know the answer to this, but the stubborn little princess in me is fighting it....can I?

[zumojuice]

To be honest, he can't stop you on your own website however much he complains. It's your portfolio, plus it actually might increase his traffic/seo (minor but still).

I'd wait till you're paid and then update your folio, but you don't need to mention this to your client since this is a given. The only time you might is if you're a freelancer for a client of a client. I've seen the same piece of work on 4 people's sites that's been done at some agency - it's fairly unlikely that all 4 had equal parts in it's design but they all featured it as if they had...

The designed by link is another issue. Technically he agreed to it soooooo......

[SidekickWD]

Well, I double checked and the contract he signed says I can reproduce ALL the design work in any fashion I see fit, including marketing my business. So I'm covered there.

Screw it, fine, no link on his website. But he asked me to put this:

Website Questions:
send e-mail to webmaster@"his_domain_name".com.

I politely told him that was not acceptable to me. :shrug:

[PR Design]

Ask him why he let Nike leave their logo on his shoes...

[SidekickWD]

Psshh, when he told me the big news I said "So, you don't want my company name anywhere on your site? Really"

He said he wanted to give the impression that it was done "in house". Gah. Fine. I'm done pouting about it. really....I am.....

[brokendalek]

I think you should send the boys round...

[tommylogic]

Let us take a peek at your contract.. the blank one with no #'s on it.. just the specifics.

I have had a gig that I do on the side for quite some time now. Basically I do other people's work confidentially when they get too backed up or have other commitments and can't get their own job done... so I'm pretty familiar with releasing work and not getting the credit for it (I don't mind) but there is some specific wording that needs to go into the contract & you should certainly get paid for it (handsomely).

[reallylight]

I don't think it's that much of an issue. Why not put your name in the code at the top as the author - I doubt he'll notice and people will no doubt look there if trying to discover who designed the page. If he does notice, he can remove it himself.

[SidekickWD]

Originally Posted by reallylight

I don't think it's that much of an issue. Why not put your name in the code at the top as the author - I doubt he'll notice and people will no doubt look there if trying to discover who designed the page. If he does notice, he can remove it himself.

I had totally thought about that actually.

As for putting the contract up, thanks, I've been wanting to do that for a while actually, just to make sure I'm covering everything.

Here it is:

Client contact name:

Business name:

Address:

City/State/Country/Postal Code:

Phone/Email/Fax:

PROJECT DESCRIPTION:



ESTIMATED COSTS:

___ Labor fees (design, art direction, production, client services, etc.) are estimated at a total of $_______ or ____ see attached estimate sheet for specifications.

__ Consultation fees are estimated at a total of $ ______ or ____ see attached estimate sheet for specifications.

____ Materials costs (RC/film/neg output, scanning, project specific materials, stock images, etc.) are estimated at a total of $____________ or ___ see attached estimate sheet for specifications.

Total estimated cost of project: $________

Project estimates are valid for 60 days from the date of estimate. Project may be re-estimated if, upon receipt of all project elements, the designer determines the scope of the project has been altered dramatically from the originally agreed upon concept. *Printing fees will be estimated separately and payment arrangements made between client and printer.

PAYMENT SCHEDULE:

___ A deposit in an amount equal to 50% of the total estimated cost is requested prior to execution of the project ($_______). _ _ Has been paid. ___Is due.

___ Payment in full or the remaining balance is to be paid upon delivery of the completed project.

__ Payment in full or the remaining balance is to be paid 15 days from receipt of the final invoice for the completed project. Finance charge of 1.5% per month (18% annually) on all overdue balances.

__ Additional payment arrangements:

REPRODUCTION OF WORK:

___ The client assumes full reproduction rights upon payment for completed project.

__ One time reproduction rights for the specified project, at the agreed fee, are granted to the client. Any other usage must be negotiated.

__ All reproduction rights on the copyrighted work are retained by the designer. The work may not be reproduced in any form without consent from the designer.

___ The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Where applicable the client will be given any necessary credit for usage of the project elements.

REJECTION/CANCELLATION OF PROJECT:

The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which SIDEKICKwebdesign.com may become a party by reason of this contract.

COMPLETION/DELIVERY OF PROJECT

The estimated completion date of the project is _________. Any shipping or insurance costs will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.

ACCEPTANCE OF AGREEMENT:

The above prices, specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.
By signing this you are accepting these terms and conditions. Please return this form to designwork@sidekickwebdesign.com with your name and date on it.

Client's signature:

Designer's signature:

Date:

[tommylogic]

__ All reproduction rights on the copyrighted work are retained by the designer. The work may not be reproduced in any form without consent from the designer.

___ The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business.

Kind of says it all right there. I would throw the line in for future contracts though that says they must retain a text link to your site... and if they disagree at the point of the negotiation if they don't like it, throw in a $$$ amount on that stipulation that it will be removed.