Kyle Mooney

Artist, beer maker, print and web design, development … and guru.

Terms & Conditions

Logo Design

Concepts: Within 7 business days of receiving your company information and deposit, Kyle Mooney (KM) will create up to three different logo concepts* for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, (KM) will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at (KM)’s current hourly rate.

File Delivery: After the final logo design is approved, the logo design to you as digital files (.jpg, .pdf, and .eps graphics file formats).

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. (KM) retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives (KM) permission to use the client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when a final logo design is approved but before it is delivered. The client understands that the final logo design belongs to (KM) until paid in full. In the event of termination of this Agreement, (KM) owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, (KM) owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that (KM) reserves the right to display the logo for business promotional use.

Originality: (KM) affirms that logos designed are original and therefore you own the rights granted under this agreement and that the rights granted do not conflict any other agreement.

Delays: Illness, injury, or other events beyond (KM)’s control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, (KM) fails to complete the Logo within 60 days of deposit submission. If an agreement is terminated for any reason other than failure to deliver within 60 days, (KM) shall retain the deposit.

Performance Liability: (KM) does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with the client. In no event will (KM) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if (KM) has been advised of the possibility of such damages.

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreements. Should you have any questions or concerns regarding these terms, please contact myself before advising us of acceptance.

Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Concepts: Within 7 business days of receiving your company information and deposit, (KM) will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at (KM)’s current hourly rate.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. (KM) retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives (KM) permission to use the client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business-related media. The client understands that it is the client’s responsibility to copyright the design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when the final design is approved but before it is delivered. The client understands that the final design belongs to (KM) until paid in full. In the event of termination of this Agreement, (KM) owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, (KM) owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that (KM) reserves the right to display the logo for business promotional use.

Originality: (KM) affirms that all designs are original and therefore owns the rights granted under this agreement and that the rights granted do not conflict any other agreement.

Stock Photography: If* stock photography is re photos during the web design process. Any photos acquired by (KM) for inclusion in the client’s website remain the property of (KM) and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Delays: Illness, injury, or other events beyond (KM)’s control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, (KM) fails to complete the design by any deadline that has been submitted and agreed upon in writing. If an agreement is terminated for any reason other than failure to deliver within the agreed-upon timeframe, (KM) shall retain the deposit.

Performance Liability: (KM) does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with the client. In no event will (KM) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if (KM) has been advised of the possibility of such damages.

Web Design

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes (KM) to publicize their completed Web site to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.

Client Provisions: The client will provide all text to be used in web pages unless otherwise negotiated. The client agrees to provide copy and any other submissions in a timely manner.

Stock Photography: (KM) agrees to provide up to 5 stock photos during the web design process. Any photos acquired by (KM) for inclusion in the client’s website remain the property of (KM) and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.

Web Browsers: (KM) will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 6 and 7, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or as a whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at (KM)’s a current hourly rate.

Completion Date: (KM) agrees to complete website projects within a timeframe agreed upon with the client.

Delays: Illness, injury, or other events beyond (KM)’s control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Payment: A 50% deposit is required (KM) can provide proofs, with the understanding that those assets will be at a charge to the client, however, if client would like to purchase those images and provide those resources to (KM) you can retain the rights to said images and utilize them in other applications as well: email, website, print. Returned checks will result in a return-check fee of $30.00. The client understands that the final website design belongs to (KM) until all invoices are paid in full. In the event of termination of this Agreement, (KM) owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name). Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that (KM) reserves the right to display the website for business promotional use.

Delinquency: (KM) reserves the right to remove web pages from viewing on the Internet until final payment is made. If the case collection proves necessary, the client agrees to pay all fees incurred in that process.

Performance Liability: (KM) does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will (KM) be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if (KM) has been advised of the possibility of such damages.

Copyrights and Trademarks: The client represents to (KM) and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to (KM) for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend (KM) from any claim or suit arising from the use of such elements furnished by the client.

By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.

Goal:

Create & Greatness

Process:

Having the title of Graphic Designer – Web Developer – UI/UX means … well you have to Graphic Design.
Below you will find samples of some of the content I had built for Tathata Golf. Everything from Investor Docs, Company overviews, Logos, Moodboards Style Guides.

Logo & Moodboard Designs

Moodboard was utilized early on when we started to concept the new website. I tried to utilize the look and feel being developed by Synapse Studios who designed the app. They were utilizing Invision and Sketch so I utilized this pre-production phase to start learning both of those. Logos created in Illustrator.

Company Overview Samples

I created several keynote/pdf documents for Company Overview, Investors, and such. Here are a sample of some of the pages I designed.

Style Guide Samples

Before I started they had a style sheet that was a pdf. The colors were off and not consistant per logo, I brought all the content into one document using Photoshop and InDesign and just updated that document with version control.