Hire by Contract

While we prefer to work through oDesk, we understand that not everyone has an account there, or wants to make one. So to help facilitate people that would rather work by a contract with us, we went ahead and created one. In order to get started with contract work, use the form below to contact us about your project. Once we have that information, we’ll fill you in on how it’s going to work. For your convenience you may read over our contract below.

Work Details Form

Give us some details about your project to get started

Dvorak Designs Contract

By agreeing to have Dvorak Designs (the “Designer”) complete a project or provide a service (the “Work”), the person, company, organization, etc. that requested the project (the “Client”) accepts the following terms. The Client will be notified of these terms before the Designer begins work, or they will be notified at the time the work is accepted that they are entering into this agreement. It is up to the Client to read these terms to ensure they agree with them. If the Client does not agree to these terms, they must notify the Designer immediately. By allowing the Work to start, the Client is expressing agreement to the terms outlined herein.

Work

The Designer agrees to complete the Work based on the specifications given by the client, for the fees agreed upon in advance (be they fixed-price or an hourly wage). The Designer agrees to complete the Work by the agreed upon completion date, and then submit the work to the Client via an agreed upon submission method. If no date or submission method is given (as may be the case with ongoing hourly projects) the Designer will complete the Work in an acceptable amount of time and submit the Work via a convenient method to The Client.

The Designer agrees that they will be the sole creator of the Work, and will not infringe upon copyright laws or commit any level of plagiarism. The Designer may use royalty free or free for commercial use images, icons or other such things; if making such items from scratch is not cost or time effective. Use of such images will be with the knowledge that the Designer is not breaking any usage rules by using them in the Work. Any changes that are needed to the Work by request of the Client may result in changes to the payment amount. These changes will be assessed on a case by case basis and the Client will be asked to agree to the new payment amount before the changes are made. Additional details on how changes are handled can be found under the Changes to the Work header.

Upon completion of the Work, the Client will become the owner of the Work that is submitted to them. Except in the case where any stock photography or other stock items were used, either by request of the Client or with permission of the Client. Or in the case where open-source software or frameworks were used. In which case such items will remain the property of their respective owner. The Designer will retain the right to use the Work for the purpose of demonstrating skills and abilities in portfolio settings, unless prohibited in writing by the client, or where use of the Work in such a way would violate this agreement.

If the Client wishes to modify any part of the work themselves (without help from the Designer), or have any third party modify the work for them, the Designer will no longer be responsible for any errors or problems that may result from such modification.

Work in Progress Updates

Updates on the progress of the Work will be given to the Client upon request, or as the Designer deems necessary. Generally these updates will be in the form of rough images or proofs emailed to the Client, where the Client will be asked for informal approval of them, or for further input on where they would like the Work to go from where it is at the time of the update.

Changes to the Work

Any written or verbal changes requested by the Client either to the design of the Work, or to the type of Work to be completed, may result in changes to the payment amount or the completion time. If any changes are made that affect the payment amount or completion time, the Client will need to express agreement to the changes as well as the new payment amount and/or completion time either via email or writing before any of the changes will be made. The Designer will keep records of all changes requested by the Client, both changes that were approved, and changes that were not approved.

Should the Client request any changes that render part of the Work already completed to be useless or unneeded, they will still be responsible for paying for the Work that was completed prior to their request, whether they still want that portion of the Work or not.

Confidentiality

The Designer understands that they may receive or have access to information that relates to the Client’s past, present, or future products, creative works, marketing strategies, pending projects and proposals, and other information that gives the Client an advantage over its competitors who do not know the information or how to use it (referred to as the “Proprietary Information”). The Designer agrees to preserve and protect the confidentiality of all Proprietary Information, whether it is given to the Designer before or after the Client acknowledges this agreement, and whether or not the Proprietary Information is given directly to the Designer, or inferred by other means before, after, or during any completion of the Work. The Designer will not disclose the Proprietary Information to any third parties, or use the information to benefit any third party.

The Designer will not discuss any aspect of the Work or Proprietary Information before, during, or after completion of the Work with any third parties; except any aspects which have been plainly and publicly published by the Client, or any aspects which have been published on the Designer’s website by allowance of the Client, or any aspect which the the Designer has been given prior written consent from the Client to discuss. The Designer will return any Proprietary Information to the Client when the final version of the Work is submitted to the Client. If the Proprietary Information is in digital form, the Designer will destroy all copies of it, with the exception of any pieces used in the final Work. Anything used in the final Work will remain only in the form in which it appears in the final Work, all other forms of the Proprietary Information will be destroyed or returned.

Unless prohibited in writing by the Client, the Designer can use the Work submitted to the Client on their website (http://www.dvorakdesigns.com) for demonstration of their skills and for portfolio purposes. The Work will not appear on the Designer’s website until the Client has published the Work themselves. The Work will also not appear in the portfolio if it would disclose any Proprietary Information.

Payment and Payment Collection

The Client agrees to pay the Designer the amount that was stated in the email that also included a summary of the project(s) to be completed for that amount, or the amount that was agreed upon in advance in another form for the Work that was completed. If changes were requested that affected the payment amount, the Client will be responsible for the new amount that was agreed upon as a result of those changes. Records will be kept by the Designer to document each change to the payment amount and the work to be completed.

Depending on the size and scope of the Work, a deposit maybe requested from the Client before the Work begins. This deposit amount will be agreed upon in advance, and will count towards the final payment amount. (For example, if the total cost of the Work is $100, and a deposit amount of $10 is paid. The Client will only need to pay $90 once the Work is completed.)

Once the Work is completed and submitted, the Client will receive a final invoice via email, along with instructions on making a payment. Payments can be made through PayPal or by check. If the Client chooses to pay with a check, they will be responsible for a $25 fee or 5% of the total amount of the check (whichever is greater) for every check that is returned due to insufficient funds or any other similar reason.

Hourly rate projects will be billed to the Client on a weekly basis, with the work week ending on Friday. The Client will be given an overview of what was completed that week, and a break down of how much time was spent on each item. The Client will be expected to make the weekly payments in accordance with the details in this agreement.

Payment is expected to be received within 30 days of the date that the final invoice was emailed. If 30 days pass and payment has not been received, there will be a 1.5% interest charge added to the total amount, and an additional 1.5% interest charge for every 30 days there is an outstanding balance. If payment is late, the Designer will email the Client with the new amount that is owed with the interest added, as well as information on how to make a payment.

The Designer will make an effort to contact the Client before 30 days have passed in order to help them avoid an interest charge. However, it is the Client’s responsibility to make a payment before 30 days has passed even if they are not contacted by the Designer with anything other than the final invoice. Regardless of whether or not the Client acknowledges these contacts, they will be responsible for the amount owed as well as any interest that has been added.

If a dispute arises about the most recent agreed upon amount, the records of the Designer will be used to determine the most recent amount that was agreed upon. Should any dispute arise where the actual amount owed cannot be accurately determined by any documentation, the Designer will provide a reasonable overview of the costs incurred for completing the amount of Work the Client received. This includes compensation for time, as well as any resources used. The amount that is determined by the Designer will become the new payment amount the Client is to pay to the Designer based on the terms outlined in this agreement.

Cancellation

Both parties understand that the Client or the Designer may terminate the service at any time, if for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation the Client will be responsible for paying a portion of the payment amount which was previously agreed upon. The amount to be paid will be based on the amount of the Work which has already been completed. Should the Client cancel the Work after it has already been completed, they will still be responsible for the full payment amount that was previously agreed upon. Should any dispute arise about the value of the partially completed Work at the time of cancellation, the Designer will have the final say in the value of the Work, provided the value is a reasonable amount for the type of Work that was completed. The value of the partially completed Work will be based on the amount of resources used, and the amount of time spent by the Designer.

Upon cancellation by either party, the Client will have the option to keep any Work that has already been completed and that they have paid for. Regardless of whether or not the Client decides to keep any of the Work, the terms outlined in this agreement will still pertain to the Work; as such, the Designer will still be able to include the Work on his website (http://www.dvorakdesign.com) for portfolio purposes unless the Client submits a written request asking the Work to not be included on the website, or if posting the work would violate anything stated in the Confidentiality section of this agreement.

Limitation of Liability

The total liability of the Designer, for all losses, damages, costs, and expenses, including attorneys fees, shall not exceed the total amount paid to the Designer under the terms in this agreement, regardless of the legal theory under which such liability is imposed.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

Enforcement, Choice of Law

This agreement shall be governed by and construed and interpreted in accordance with the laws of the state of Minnesota and the United States of America, without reference to principles of conflict of laws.

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By agreeing to have the Designer complete a project, the Client asserts that they have the authority to promise payment for the Work that was outlined in the summary email, along with any subsequent changes. The Client also asserts that they have read, understood, and agree to the terms and conditions outlined in this document.

By beginning the Work, the Designer asserts that they have read, understood, and agree to the terms and conditions outlined in this document.