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GRAPHIC DESIGN SERVICE AGREEMENT

KNOW BY ALL MEN THESE PRESENTS:

This Graphic Design Service Agreement is made and entered into on_____________by
and between:

ARIELLE JANELLA P. TOMBO, single, of legal age,


Filipino with principal place of business (or legal residence) at
______, City of San Fernando, Pampanga, hereinafter referred to
as GRAPHIC DESIGNER (or Creator);

- and -

_________________________, of legal of age, Filipino,


single/married and with residence and postal address
__________________________, hereinafter referred to as
“CLIENT”.

WHEREAS, Client desires to avail the “BEST FIX PACKAGE” services of the Graphic
for the CLIENT as described in the Project Plan (attached hereto as “Annex A”);

WHEREAS, Graphic Designer desires to undertake the development (or the creation of
the ______________________ for CLIENT, and agrees to do so under the terms and
conditions set forth in this Agreement;

NOW, THEREFORE, for and in consideration of the foregoing premises and of the terms
and conditions hereunder stipulated, the parties hereto have agreed and hereby agree as
follows:

A. DESCRIPTION OF THE SERVICE, WORKING DAYS

Section 1. DESCRIPTION. The work to be undertaken by the GRAPHIC DESIGNER includes


the provision of technical and related services required by the CLIENT in carrying out the project
agreed upon. (Specifications of the project is hereto attached as “ANNEX A”)

Section 2. SCHEDULE OF WORK. The project shall be completed within four (4) weeks
subject to changes, in case of happening of any fortuitous event not attributable by the
GRAPHIC DESIGNER.

Section 3. COMMUNICATION. CLIENT may contact the GRAPHIC DESIGNER at any time of
the day except on a non-working day which falls on a Sunday, or the last day of the week.

B. PAYMENT

Section 4. PAYMENT AND DOWNPAYMENT. For and in consideration of the services to be


rendered by the GRAPHIC DESIGNER, the CLIENT shall pay the sum of Thirty Thousand
Pesos (Php30,000.00) in accordance with the schedule of fees specified in “Annex A” attached
hereto and made an integral part hereof.

Upon the signing of this agreement, a down payment of Ten Thousand Pesos (Php 10,000.00)
which forms part of the contract price shall be paid by the CLIENT to the Graphic Designer.
Cancellation of the contract will render the down payment made as non-refundable.

The Client shall pay the GRAPHIC DESIGNER the unpaid balance of the contract price upon
completion of the project.

C. REVISIONS, ACCEPTANCE TESTING

Section 5. REVISIONS. If at any time following acceptance of the Project Plan, CLIENT should
desire to change the specifications or other elements of the Project, the number of revisions will
be limited only to______. If for instance the first draft is completed by the GRAPHIC
DESIGNER, Client has _____ (___) days to provide feedback and request revision.

Any requested Amendment to the Project Plan shall constitute additional editing or costs shall
be charged to the CLIENT.

Section 6. ACCEPTANCE TESTING. Upon completion of the project and the delivery of all
items required to be provided under the BEST FIX PACKAGE PLAN, CLIENT shall have
________ (___) days from such completion to inspect, test and evaluate the project to
determine whether it satisfies the acceptance criteria set forth in the Project Plan.

D. LIABILITIES IN CASE OF DELAY, LOSSES AND DAMAGES INCURRED

Section 7. DELAYS. GRAPHIC DESIGNER recognizes and agrees that failure to deliver the
____________________ according to the Project Plan, delivery schedule will result in expense
and damage to CLIENT. Thus, Graphic Designer shall inform Client immediately of any
anticipated delays in the delivery schedule and of the actions being taken to assure completion
of the project within such schedule.

GRAPHIC DESIGNER cannot be held in default of this Agreement in case of delays caused by
the Client. Work on the project shall not resume until the reason for the delay has been resolved
by the CLIENT and notice of its resolution has been provided to Graphic Designer.

The GRAPHIC DESIGNER shall not be liable for losses and/or damage incurred by the CLIENT
due to fortuitous events, except those resulting from negligent, dishonest, or inefficient acts
committed by the GRAPHIC DESIGNER and/or her personnel during fortuitous events.

Section 8. LIABILITY.

(a) General Liability. Either party shall not be liable under any circumstances to the
other party or any third party (such as service provider, telecommunications,
carrier, internet servers, internet software or printing company) for indirect,
incidental, or consequential damages (even if that party has been advised of the
possibility of such damages), arising from any provision of this Agreement but not
limited to, lost profits, lost savings, costs of delay or failure of delivery, or liabilities
to third parties arising from any source.

(b) Indemnity by Client. CLIENT shall indemnify Graphic Designer against all claims,
liabilities, costs, damages, fees and expenses (including reasonable attorney's
fees) arising from any action based upon any content on the ____________ that is
solely caused by the CLIENT.

Section 9. VALIDITY. GRAPHIC DESIGNER and CLIENT each hereby represent and warrant
that the execution, delivery and performance of this Agreement has been duly authorized and
that the Agreement is a legal, valid and binding agreement of Graphic Designer and Client,
enforceable in accordance with its terms. The Graphic Designer and Customer further represent
that this Agreement does not breach or violate any agreement to which it is a party or to which it
is bound.

E. TERM AND OTHER RIGHTS


Section 9. TERM. This Agreement commences on the date it is executed and shall continue
until full performance by both parties, or until earlier terminated by one party under the terms of
this Agreement.
Section 10. RIGHTS TO WORK CREATED.

Upon completion of the project, GRAPHIC DESIGNER retains the copyright of the created
works but full ownership to the images and other works will be transferred to the CLIENT upon
final payment of the contract price and any additional charges incurred. GRAPHIC DESIGNER
retains the right to include all works in her portfolio or database. Third party materials (e.g.,
fonts, scripts, and software) purchased or licensed by the GRAPHIC DESIGNER for the Project
Plan will remain the property/license of the GRAPHIC DESIGNER unless the Client has
reimbursed the Graphic Designer for costs incurred.

Section 10. TERMINATION. This Agreement may be terminated by CLIENT upon ____ (___)
days prior written notice to GRAPHIC DESIGNER. Upon such termination, all amounts owed to
Graphic Designer under this Agreement for completed work in accordance with the Work Plan
shall become due and payable and any down payment made will be forfeited. The GRAPHIC
DESIGNER is not obligated to provide for the works created.

(a) Prohibition to Appropriate. In case of termination, and the Graphic Designer has
already completed the Work Plan or has partially fulfilled his obligation, the CLIENT
shall respect the Economic and Moral rights of the Graphic Designer in accordance
with Secs 177 and 178 of the Intellectual Property Code. Furthermore, in case
CLIENT does not accept the work created, CLIENT is prohibited to appropriate the
works created by the GRAPHIC DESIGNER.

(b) Obligation of Confidentiality. During the term of this Agreement, and at all times
thereafter, GRAPHIC DESIGNER agrees that he will not disclose to others, use for
his own benefit or for the benefit of anyone other than Client, or otherwise
appropriate or copy, any Confidential Information, whether or not developed by the
Graphic Designer, except as required in the performance of its obligations to Client
hereunder. The obligations of GRAPHIC DESIGNER under this paragraph shall
not apply to any information that becomes public knowledge through no fault of
Graphic Designer/

Section 14. ASSIGNMENT. Neither party may assign or subcontract its rights or obligations
under this Agreement without the prior written consent of the other party, which shall not be
unreasonably withheld.

Section 15. UNAUTHORIZED USAGE OF THE WORKS. Upon termination of the Agreement
or completion of the Project Plan, although the ownership is transferred to the Client, CLIENT is
prohibited to make any revision of the works without obtaining consent of the Graphic Designer.

Section 15. LEGAL FEES. The 70% comprising the costs of the legal fees for the preparation
and notarization of this contract shall be paid by the CLIENT.

IN WITNESS WHEREOF, the parties have hereunto set their hands this __ day of
August 2017, at __________, Philippines.

_____________________ ___________________
Graphic Designer Client

Signed in the Presence of:

_____________________ ____________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF ____________ )-s.s.

BEFORE ME, this ___nd day of May 2017, at __________, Philippines, personally
appeared:

Name I.D. No. Validity Date

Both have satisfactorily proven to me their identities through their above-mentioned


identifications that they are the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free act and deed.

This instrument consists of five (5) pages, including this page whereon the
acknowledgment is written, signed by the parties and their instrumental witnesses and sealed
with my notarial seal on both pages and refers to a Graphic Design Development Agreement.

WITNESS MY HAND AND SEAL.

Doc. No. ________;


Page No. ________;
Book No. ________;
Series of 2017.

Annex “A” of the Service Agreement

BEST FIX PACKAGE

BEST FIX PACKAGE INCLUSIONS COSTS:


Consultation Fee
Logo (High Resolution.jpeg +PSD file)
- concept for logo
30,000.0
- unlimited revisions
0
- all formats of the images
Collaterals needed +
10 working days of free social media assistance and marketing plans
TIME TABLE

FOUR WEEKS ( as defined by the client)

Mandatory deduction: Down payment of Ten Thousand Pesos (Php10,000.00) shall be paid
upon the signing of the agreement.

___________________ ________________________
ARIELLE JANELLA TOMBO