Estimate-090100B

Definition of Terms

Design Concept: A conceptual artwork that gives the look and feel of the Project created by NORAHRRR with elements completely created from scratch and should not be mistaken for a Major Revision.

Minor Revision: Minor Revisions include navigation name changes, font styles, text changes, simple color changes, alteration of simple background or borders, and replacement of new graphic already made available by the client.

Major Revisions: Major Revisions include but are not limited to changes in major design elements such as the entire color scheme of the site, complex backgrounds and complex borders, main character element and custom graphics that are created from scratch, changes in navigational structure, 3D elements and those that will effect slicing of graphics and overall look and feel of the Project and those that will affect the database or other back end programs already integrated in the Final Artwork.

Final Artwork: a website is considered Final Artwork when everything is in place; this includes all required sections of the Project and is uploaded to the designated server or temporary location for client viewing.

Design Concepts: a maximum of two (2) Design Concepts for the Project subject to revision shall be presented for approval. $180.00 will be charged for each additional study.

Revisions: Minor Revisions will be allowed once the initial Design Concept is approved before going on the the development phase of the project. Once the design has been approved and is ready for development, it will be considered a final Design Concept and will be used for the entire theme of the Project. More than 10 Minor Revisions or a Major Revision shall constitute New Work.

Third Party: the client may not allow any services or assistance of a third party designer without the knowledge and permission on NORAHRRR LLC. Additional charges will be applied accordingly as indemnity.

Payment: 50% of the total amount is due upon signing NORAHRRR LLC’S Creative Services Agreement. The remaining balance is to be paid in full upon delivery. All payments should made in check, credit card, or certified funds.

Cancellation/ Rejection: The client shall not unreasonably withhold acceptance of, or payment for the project. Rejection of completed project or cancellation during execution will result in forfeiture of deposit and billing for an additional labor expenses to date. All element must then be returned to NORAHRRR LLC and any usage of those design elements by the client will result in appropriate legal action.

Proofing of Project: NORAHRRR shall make every effort to ensure that the finished project will be free of any grammatical and spelling errors, before uploading it as Final Art. It  is agreed that it is the client’s responsibility to ensure that there are no grammatical or spelling errors contained in the final product. NORAHRRR LLC will provide a “Proof Approval Form” with every revision requested by the client. In order for the project to be delivered the client must provide NORAHRRR a signed “Proof Approval Form” stating the project is “Ok as is” to uploaded to the designated/ temporary server. If the client fails to provide the “Proof Approval Form” signed, NORAHRRR holds the right to stop/ hold the project regardless of any previously agreed upon/ set schedule or deadline. It is agreed that NORAHRRR is not responsible or held liable for any errors contained in the Final Artwork after the “Proof Approval Form” has been signed.

NORAHRRR, LLC:

Norah O'Brien, member

Acceptance of Agreement

I, the undersigned, have full authority to execute this Agreement on Behalf of the Client, have read the above prices, specifications, and conditions, which are hereby accepted. NORAHRRR LLC is authorized to execute the project as outlined in this agreement. Payment will be proposed above. This agreement is valid and enforceable when signed and returned to NORAHRRR LLC.

Client Signature:*

Agreement between NORAHRRR LLC and business or individual identified on this agreement. The client/individual listed below is subject of the following terms and conditions.

General Working Agreement This document defines the terms and conditions of our working relationship. All projects or services that NORAHRRR LLC may be contracted to produce or provide for CLIENT will be subject to the following:

Working/Billing Phases We believe it is mutually advantageous to handle each project in logical working/billing phases.

Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits NORAHRRR LLC or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by NORAHRRR LLC. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.

We will begin work upon CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.

Payments/Estimates CLIENT agrees to pay NORAHRRR LLC in accordance with the terms specified in each proposal/estimate. All accounts will be required to pay 50% of the project cost before work can begin.

Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid.

Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.

Revisions and Alterations New work requested by CLIENT and performed by NORAHRRR LLC after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.

Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

Nature of Copy CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

Errors and Omissions It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. NORAHRRR LLC is not liable for errors or omissions. Your signature or that of your authorized representative is required for uploading and Final Artwork.

Telecommunications CLIENT shall pay for all transmissions charges. The NORAHRRR LLC is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

Inspection of Books Upon reasonable notice, any and all invoices from our vendors, time sheets and other documentation relating to your account will be available to you.

Property and Supplier’s Performance NORAHRRR LLC will take all reasonable precautions to safeguard the data, designs, artwork, etc. you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, NORAHRRR LLC is not responsible for failure on their part.

If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.

Rights of Ownership Once a project has been delivered by us and is fully paid for by CLIENT, NORAHRRR LLC will assign the reproduction rights of the design for the use(s) described in the proposal.

According to the Copyright Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by NORAHRRR LLC, or purchased from a stock agency on your behalf, remain with the individual NORAHRRR LLC, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with NORAHRRR LLC and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the Final Artwork we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding.

We reserve the right to use, upload and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store project materials for a period of 6 months beyond the delivery of a job. There upon, we reserve the right to discard them.

Term and Termination The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.

Upon termination of this agreement, NORAHRRR LLC will transfer to CLIENT all your data in our control and for which you have paid. CLIENT will indemnify and hold NORAHRRR LLC harmless for any loss or expense (including attorney ’s fees), and agree to defend NORAHRRR LLC in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to opinions made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

Production Schedules Production schedules will be established and adhered to by both CLIENT and NORAHRRR LLC, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the NORAHRRR LLC. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

Additional Provisions The validity and enforceability of this agreement will be interpreted in accordance with the laws of the Commonwealth of Virginia applicable to agreements entered into and performed in the Commonwealth of Virginia. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.