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contract template?

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#1
travelbug

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Hi all,

Does anyone have a std contract that I might be able to take a peek? My clients so far have all been easygoing, so I've never bothered w/ this b4. However, there's a new one that smells trouble to me, so I would like to take some precaution.

Thanks a bunch!

Cindy.

#2
Hans van der Maarel

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Do you mean a contract for custom cartography work?

Something like that has been discussed here in the past. Some things to include:
- Copyright remains with you until final payment has been made. (I think Martin suggested this one)
- A very clear description of what you'll do, plus a clause that any extra additions that the client wants will be charged extra.
- Whether or not you have the right to include (parts of) the map in your portfolio.
- Whether or not you have the right to re-use (parts of) the map for other projects.
- A disclaimer that you are not to be held responsible for any mistakes, errors or omissions in the map.

Hope this helps.
Hans van der Maarel - Cartotalk Editor
Red Geographics
Email: hans@redgeographics.com / Twitter: @redgeographics

#3
CHART

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If I might add.

On my proposal (it becomes a contract upon acceptance by the client) I address the following:

Exact coords. of the client.
Overview and project description as I understand it.
The services required by the client.
Copyright information (who owns what ect...)
Items that I require to do the project (e.g. data ect...)
Exact items that will be delivered by me to the client.
A general overview of the methodology of the project work flow.
Who will be doing the work (e.g. myself and service providers ect...)
EXACT pricing for the work delivered.
Fees for extra work outside offer.
Billing policies (30 days net ect...)
Method of payment.
Delivery Dates
How long is this offer valid (very important).
I always ask the client to confirm reception of my offer.
My exact coords.
Terms of acceptation.
My business numbers.
A little topo on my company.
Proposal Number and date.
(and my signature)

I have learned that it does not matter how easy going a client, I ALWAYS prepare an offer, and start the work only when I have a p.o. (or acceptance) to go ahead with the work for Proposal number x.
Always keep all project emails ect...

A good proposal makes you look professional :)
Chart

#4
travelbug

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tkx guys! this is exactly what i'd been looking for :lol:

#5
Dennis McClendon

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Here's some language I have used to cover the usage questions:

Agreement and Conditions of License

Covering the map and underlying digital files
known as "CCC concierge map"

1 January 2000

In exchange for $0000 consideration, Mapmaker agrees to supply to CCC magazine street map digital files, in Adobe Illustrator format, covering the area of central Chicago from This Street to That Street, from This Avenue to Lake Michigan.

CCC magazine is granted a revocable license to use this Chicago map for a general map to be distributed by hotel concierges, in CCC magazine, on World Wide Web sites, and in similar applications. This license specifically excludes usage on custom maps created for specific individual hotels, destinations, rental companies, or similar users.

Mapmaker may revoke CCC's right to use this map for future projects by giving 30 days notice and refunding all license and use fees. All rights not specifically granted by this license are retained by Mapmaker. In no sense is this map a "work for hire." Nothing in this agreement shall be construed to restrict Mapmaker from using any of the information compiled, or the representation thereof, in producing any other work, including maps for other clients.

CCC must always credit the map as "Copyright 1999 Mapmaker" in the same manner as other illustrations or photographs (substituting the current year if updated map files have been licensed).

CCC may not transfer the map file in any digital editable vector format (such as Adobe Illustrator, Macromedia FreeHand, any editable EPS format, PICT, WMF or editable PDF) to any other person or company (except as part of the transfer of all assets of CCC magazine). CCC shall take care that the digital editable vector format file is not transferred to other persons or companies, except as necessary for production of CCC work. In particular, CCC will ensure that maps appearing as part of digital multimedia works or on World Wide Web sites do not allow the viewer to download the file in any digital editable vector format.

CCC may purchase from Mapmaker annual updates incorporating all changes to streets, streetnames, landmarks, and other map features then known to Mapmaker. The terms of this license shall continue to apply to the new maps and data files.

Any disputes in excess of One Thousand Dollars ($1,000) arising out of this agreement shall be submitted to binding arbitration before a member of the American Arbitration Association. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.
Dennis McClendon, Chicago CartoGraphics
chicagocarto.com




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