1. Every engagement starts with a written scope
Before work begins, we agree in writing on: deliverables, assumptions, client-provided inputs, number of revision rounds (default: 2 rounds for fixed-fee work), timeline, and price.
2. How changes work
Anything outside the written scope is a change. When one comes up:
- I flag it to you in writing.
- I give you an estimate of the hours/cost and the schedule impact.
- Work on the change proceeds only after your written approval (email is fine).
Small changes under 1 hour may be absorbed at my discretion; if so, I will note them.
3. Not-to-exceed caps
For hourly work with a cap, I will notify you when we reach about 80% of the cap. The cap is only exceeded with your written approval.
4. Schedule, delays, and paused projects
Client delays or missing inputs can shift the schedule. Projects paused for more than 30 days may be re-scoped.
5. Fixed-fee packages
Fixed-fee packages cover only the listed deliverables. Additional revisions beyond the included rounds are billed at $120/hr.
6. Deposits and cancellation
Deposits (50% for new clients) apply to invoices as work is performed. On cancellation, work to date and approved expenses (at cost, no markup; approve over $250; prepay over $500) are billed against the deposit; unused balance refunded within 30 days. Invoices due net 15; late amounts may accrue 1.25%/mo (or lawful max) and work may pause after notice.
7. Ownership and IP
IP in deliverables transfers on full payment for the SOW (or milestone, if milestone-based). After public release or written approval, non-confidential portfolio examples may be shown. [Attorney review.]
8. Exclusions and professional review
Services: CAD, drafting, and product design/prototyping for non-regulated mechanical and electromechanical products, plus embedded firmware and electronics. Excludes safety-critical or regulated design. Client owns any required professional engineering review, certification, and regulatory compliance.
9. Client data and AI-assisted tools
Cloud and AI tools may be used for admin and drafting support, only where inputs are not used for training (or training is disabled). Confidential info follows our NDA/agreement (stricter NDA controls). Opt out of AI tools in writing or in the SOW. I review all AI-assisted work before delivery. On request or project close, client files are deleted from working tools within 30 days, except archival/legal retention, inaccessible backups, and residual third-party copies I cannot delete (still confidential).
Questions? Contact Kevin Elliott, Principal · kevin@elliottmodern.com · (406) 616-2655
Elliott Modern, LLC | Draft – pending attorney review.