The Tribune

THE ART OF GRAPHIX

By DEIDRE M. BASTIAN

NOTHING can teach us what should be in a business contract more than experience. Unfortunately, some of us have had to learn the hard way what the "musts" are in a design agreement. Not every project goes well, and sometimes they have the potential to turn ugly. Consequently, there may come a time when the enforcement of a contract is necessary. This is the point when you will thank yourself for having gone through the trouble of creating a sound legal document.

Clearly, anyone who is serious about Internet or graphic design understands the important role contracts play in the process, as it is a legal document binding two parties to a trade and carries heavy weight should a dispute arise. However, I have compiled a few Contract "musts" for designers whenever retaining a client.

• SCOPE OF WORK: The scope of work outlines the extent of work to be performed, including pages to be built, special functionality, design elements and so forth. A scope of work solidifies the designer's job and is a good start in ensuring the project is clear of ambiguity.

• MILESTONES: Nearly all of your projects should include a set of milestones to break work into manageable chunks. You should apply this same philosophy to your web or print design contract. Outlining the milestones in the contract defines the different phases of the project, and leaves nothing hidden from the client. It immediately sets out what should be expected of the project.

• DESIGN REVISIONS: This could be part of the scope of work, but you should always agree upon the number of design revisions allowed. By limiting the revisions, you protect yourself against projects that never leave the design stage. It is important to recognise that there should be compensation for additional revisions throughout the process.

• TIME LINE: Always have a project due date. This ensures the designer views your project as priority. If the designer is unwilling to set a timeframe on your project, consider that a red flag.

• CLIENT RESPONSIBILITIES: You will often hear clients say: "I don't know what I want, but if you design something I like, I'll know it." Wow, that's brilliant! Designers should impress upon the client and ensure they play an active role in the success of the project. Their role should include supplying content, graphics, marketing literature, feedback or any technical specifications.

• DESIGNER'S RESPONSIBILITIES: Fundamentally, designers should be certain to clarify their role in the project and precisely what it entails. This step is a wise one so as to alleviate wearing a hat that is much too large. Be careful not to get cast into a role for which you did not audition.

• PAYMENT TERMS: It is important for both client and designer to have a vested interest in the project. Ensure partial payment up-front, unless there is no problem being paid late or not at all.

Consequently, it is wise to include payment terms that outline: How payment should be made; the amount; when payment should be made; and consequences/action for non/late payment. Let's not forget to include a clause in the contract that states: "Upon final payment, your work cannot be used by any other company without your consent."

Normally, most design contracts and proposals split the payment into two chunks: 50 per cent before and 50 per cent after, unless agreed otherwise. Be sure to include timeframes on when the client is expected to respond to your submissions with their questions and concerns, so you are not endlessly left in pending mode. Don't forget to outline that the deposit is non-refundable.

• CANCELLATION POLICY: Inevitably, you will meet clients who must, for one reason or another, cancel a project. It's unfortunate, but it happens. And the last thing you would wish to hear from a client is: "I thought I told you I changed my mind...I'm not paying for that", especially after investing all your time.

In these circumstances, it is wise to stay the initial deposit but waive the final payment, which clients are generally satisfied with. Make sure you define how and when a cancellation should be accepted, whether via an e-mail, phone call or another established method.

• OWNERSHIP OF WORK: You should have a clear explanation of what belongs to the client whenever the job is completed. For example, if it is a website, clients should receive the design source files (Photoshop and flash files) along with the entire development files upon final payment. Not delivering original files to clients can present a major challenge, especially if they intend to have their work edited by another web/graphic designer in the future.

I'm certain I will run into a few disagreements on this one, but I make this statement out of sheer confidence: Designers, do not ever attempt to deliver files until final payment is received. I hear too many stories of designers completing work but receiving final payment six months later, or worse, not at all. Have you ever walked into the grocery store and said to the cashier: "I will pay you in full for the milk later"?

Crafting a solid Design Contract may seem boring and tedious, but it serves as the foundation of any major work you intend to complete. Bottom line, as a designer it is important to protect both parties' rights, especially yours, as my guess is the client will not do it for you.

Finally, clients should never, ever assume that because there was a casual chit-chat between both parties regarding project details, the particulars will magically appear in the Contract Agreement. There is is no soft line in this sand, so if it was not "written in" ..... it will not be there. ALWAYS carefully read over your Design agreement to ensure that everything that was discussed is included.

Taking nothing away from the above points, let me stress that I am not a lawyer. Nor do I play one on any television station, so make every effort to have a lawyer review any Contract you agree upon before signing. So, until we meet again, fill your life with memories as appose to regrets. Enjoy life and stay on top of your game.

NB: Columnist welcomes feedback at deedee2111@hotmail.com

About the Columnist: Ms Bastian is a trained graphic designer. She has trained at many institutions, such as: Miami Lakes Technical Centre, Success Training College, College of the Bahamas, Nova Southeastern University, Learning Tree International, Langevine International and Synergy Bahamas.