2025 Online Portfolio

Terms & Conditions

Last updated: September 5, 2025

Welcome! These Terms & Conditions (the “Terms”) govern all proposals, estimates, statements of work, and projects delivered by iSpeak CREATIVE, LLC (“iSpeak,” “we,” “us,” or “our”) to the client identified on an estimate or invoice (“Client,” “you,” or “your”).

By any of the following actions, you agree to these Terms: (a) clicking “Accept” or otherwise approving an estimate or SOW, (b) paying any invoice tied to an estimate or SOW, or (c) providing written authorization (email is sufficient) for us to begin work (collectively, an “Acceptance”).

1) Scope of Services

We provide professional creative services including, without limitation, graphic design, presentation design, branding, web/digital design, production design, custom illustration, photography direction/retouching, infographics, scientific/technical visuals, and related consulting (the “Services”). Specific deliverables, timelines, and fees will be set forth in an estimate or SOW (“Estimate”).

2) Rates & Fee Schedule

Unless otherwise stated in the Estimate, the following tiered studio rates apply to work performed outside any fixed‑fee scope:

  • Tier 1 Projects: $150.00 per standard studio hour
  • Tier 2 Projects: $125.00 per standard studio hour
  • Tier 3 Projects: $100.00 per standard studio hour

Standard Studio Work Hours: Monday–Thursday 9:00 AM–9:00 PM ET; Friday 9:00 AM–5:00 PM ET. Time logged within these windows is billed at the applicable Tier rate.

After‑Hours Studio Work: Monday–Thursday 9:00 PM–9:00 AM ET, billed at 1.5× the applicable Tier rate (with Client’s prior written consent).

Weekend Studio Work: Friday 5:00 PM–Monday 9:00 AM ET, billed at 1.5× the applicable Tier rate (with Client’s prior written consent).

Holiday Studio Work: Work performed on the following holidays is billed at 2× the applicable Tier rate (with Client’s prior written consent): New Year’s Day; Martin Luther King Jr. Day; Good Friday through Easter Sunday; Mother’s Day; Memorial Day weekend (Sat–Mon before the last Monday in May); Father’s Day; Independence Day (+ adjacent weekend if observed Fri/Mon); Labor Day weekend (Fri–Sun before the first Monday in Sept.); Thanksgiving weekend (Thu–Sun); Christmas/New Year’s recess (the final week of the year incl. the weekend before Christmas) and New Year’s Eve.

On‑Call Status (optional, by prior written agreement): $25.00/hr during Standard hours; $37.50/hr during all other non‑holiday hours; $50.00/hr on Holidays. Minimum billable increment when On‑Call is 2 hours. On‑Call requires that a designated consultant be reachable within ~15 minutes and fit for duty.

Consent for premium hours: If we do not obtain your prior written consent for After‑Hours, Weekend, or Holiday work, time will be billed at the Standard rate for the applicable Tier.

3) Estimates, Changes & Rush

  • Estimates & validity. Estimates describe scope, assumptions, and fees and are typically valid for 30 days unless otherwise stated.
  • Out‑of‑scope/Change requests. Requests beyond the Estimate (e.g., new deliverables, added features, additional concepts, extra rounds, schedule accelerations) will be billed at the applicable hourly Tier rate unless we mutually amend the Estimate in writing.
  • Rush work. Projects submitted with <48 hours’ notice for production and delivery may incur a 20% rush fee, applied at our discretion based on complexity.

4) Revisions & Approvals

Unless otherwise specified in the Estimate, each deliverable includes up to two (2) revision rounds focused on refining the selected direction. Additional revisions and exploratory concepting are out of scope and billable at the applicable Tier rate. Timely consolidated feedback and approvals from Client are required to maintain schedules.

5) Client Responsibilities

Client will: (a) designate a single point of contact for feedback and approvals; (b) provide timely access to required information, brand assets, technical specifications, subject‑matter experts, and third‑party vendor details; (c) ensure all materials supplied to iSpeak (text, images, logos, data, etc.) are licensed and lawful to use; and (d) review and approve proofs and deliverables for accuracy and legal compliance. Client is responsible for final legal/regulatory review where applicable.

6) Third‑Party Costs & Expenses

  • Production & vendors. Third‑party costs (e.g., printing, stock/licensed media, fonts, hosting, domains, plug‑ins, platform fees, transcription, props, travel, shipping, courier, meals, lodging, parking, tolls, gratuities) are billed to Client at cost plus 20% vendor management markup where iSpeak procures on Client’s behalf (with prior written consent for stock/licensed media).
  • Travel time. Travel time to/from meetings, shoots, or on‑site work is billable door‑to‑door at the applicable Tier rate.
  • Documentation. Receipts or reasonable documentation will be provided where available.

7) Invoicing & Payment Terms

  • Hourly engagements: Invoices are due upon receipt unless the Estimate states otherwise. Overdue balances may accrue 1.5% monthly interest (18% annually) or the maximum allowed by law.
  • Fixed‑fee projects: Unless otherwise stated, fixed‑fee projects follow either 50% / 50% (deposit before kickoff; balance due prior to delivery for production) or 33% / 33% / 33% (deposit before kickoff; second payment at a defined midpoint; balance due prior to delivery). All deposits are non‑refundable once work begins.
  • Remittance. Accepted payment methods and remittance instructions are provided on your invoice.
  • Late or withheld payments. We may pause work or withhold deliverables/licenses for accounts in arrears.

8) Term, Scheduling & Cancellation

These Terms apply to all projects while posted. Each Estimate/SOW forms a separate engagement. Either party may cancel a project for convenience with 30 days’ written notice. Client will pay for all Services properly performed and committed third‑party costs through the effective date. Pre‑purchased/unused blocks of hours are non‑refundable. We may terminate immediately for material breach, non‑payment, illegal use, or conduct that materially prejudices our business.

9) Confidentiality

Each party may receive non‑public information about the other party’s business, strategies, budgets, customer data, or technology (“Confidential Information”). The receiving party will not disclose or use the other’s Confidential Information except to perform under an active project, and will protect it using at least the care it uses for its own confidential information. Exceptions include information that is already known without restriction, becomes public through no fault, is rightfully received from a third party, is independently developed without use of Confidential Information, or must be disclosed by law (with prompt notice and cooperation to seek protective treatment). Confidentiality obligations survive for 3 years after a project ends (trade secrets survive as long as they remain trade secrets).

10) Intellectual Property; Licenses; Source Files

  • Client‑provided materials. Client grants iSpeak a non‑exclusive license to use Client‑provided content solely to perform the Services and warrants it has all necessary rights.
  • Pre‑existing IP & tools. iSpeak retains ownership of its pre‑existing methods, templates, code snippets, libraries, know‑how, and tools used to create deliverables.
  • Final deliverables. Upon full and final payment, iSpeak grants Client an exclusive, perpetual, worldwide license to reproduce, display, distribute, and create derivative works based on the selected final design(s) identified as “final” in writing. All preliminary, unused, or in‑progress artwork and concepts remain iSpeak’s property and are not licensed for use.
  • Native/source files. Delivery includes the file formats listed in the Estimate. Editable/native files (e.g., layered design files, raw source, working files) are provided only if explicitly included in the Estimate or purchased under a separate license/fee.
  • Third‑party licenses. Any third‑party fonts, images, footage, audio, plug‑ins, or code used in a deliverable are licensed per their vendor terms. Client is responsible for obtaining/maintaining any ongoing third‑party licenses unless otherwise stated in the Estimate.

11) Portfolio & Credits

We may display final deliverables (and reasonable context) in our portfolio, website, social media, award submissions, and industry publications solely to promote our work, provided we honor any valid confidentiality or embargo obligations. Upon request, we will substitute sanitized placeholder copy or delay publication where confidentiality requires.

12) Independent Contractor

We perform the Services as an independent contractor. Nothing herein creates an employer–employee, partnership, or joint‑venture relationship. We do not bind Client to third‑party obligations without written consent. Each party is responsible for its own taxes, insurance, and personnel.

13) Warranties, Disclaimers & Limits

  • Competent services. We warrant that Services will be provided in a professional and workmanlike manner consistent with industry standards.
  • No other warranties. EXCEPT AS EXPRESSLY PROVIDED, SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT.
  • Client review. Client is solely responsible for final review/approval of content for accuracy, compliance, and regulatory/medical/legal clearance (if applicable).
  • Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL. EACH PARTY’S AGGREGATE LIABILITY ARISING FROM ANY PROJECT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

14) Indemnification

Each party will defend and indemnify the other against third‑party claims to the extent arising from: (a) the indemnifying party’s breach of these Terms; (b) materials it supplied that infringe third‑party IP or violate law; or (c) gross negligence or willful misconduct. The indemnified party must promptly notify the indemnifying party, who will control the defense and settlement; the indemnified party will reasonably cooperate at the indemnifying party’s expense.

15) Notices

Formal notices must be sent to the address on the Estimate or invoice (or as later updated in writing) and are deemed given when delivered by courier or certified mail. Routine day‑to‑day communications and approvals may occur via email or project platforms.

16) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Connecticut, without regard to conflicts rules. Disputes exceeding the small‑claims limit (currently $3,000) will be resolved by final and binding arbitration in Fairfield County, Connecticut under the rules of the American Arbitration Association then in effect. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys’ fees and costs unless the arbitrator determines otherwise.

17) Suspension & Force Majeure

We may suspend work if invoices are delinquent or if Client fails to provide timely feedback/approvals. Neither party is liable for delays or non‑performance due to events beyond its reasonable control (force majeure), provided the affected party notifies the other and resumes performance promptly.

18) Assignment & Subcontracting

Client may not assign an engagement without our prior written consent (not to be unreasonably withheld). We may engage vetted subcontractors and specialists as needed; we remain responsible for the Services.

19) Updates to These Terms

We may update these Terms from time to time. The version in effect at the time of your Acceptance will govern that project. The most current version will be published at the URL provided with your Estimate.

20) Entire Agreement; Severability; Waiver; Electronic Acceptance

These Terms plus any applicable Estimate constitute the entire agreement for the Services and supersede prior proposals and understandings on the same subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in full force. A failure to enforce a provision is not a waiver. Electronic approvals and signatures are valid and binding.

Questions? Please contact us using the details provided on your Estimate or invoice before approving if you have any questions about these Terms.