Terms and conditions
The following terms and conditions have been designed to protect both the client and the designer during their working relationship.
Working/chargeable phases
Based on my experience with long-term design communications projects, I have found that it is mutually advantageous to handle each project in logical working/chargeable phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits the designer or client to adjust for such revisions/or halt work before completion if a project is postponed or cancelled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by the designer. For each project, the client will receive a proposal/estimate outlining the project specifications and the proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemised costs for illustrations, images etc.
I will begin work upon a client's approval of the written estimate. The client's approval via email will constitute an agreement between us.
Payment/estimates
The client agrees to pay the designer in accordance with the terms specified in each proposal/estimate. For new accounts/clients, the client will make a 50% advance payment before work starts. The project can be scheduled once this payment is received by the designer. The remaining 50% is payable to the designer upon completion of the project, and before original artwork is supplied to the client.
If the final invoice is not paid within 30 days, a 5% 'delayed payment' fee will be added. This initial 5% figure will be added upon each recurring 30-day period until the full amount has been received by the designer.
Estimate:The estimate is valid for only 30 days from the submission date and any changes asked for by the client outside of what has been agreed within the estimate will be chargeable. The client will be notified of any price changes and the final billing will reflect actual costs incurred.
Revisions and alterations
New work requested by the client and performed by the designer after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, the designer will submit a 'proposal revision' memo to the client, and a revised additional fee must be agreed between both parties before further work proceeds. Author's alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
Nature of copy
The client agrees to exercise due diligence in the preparation of materials and must be able to substantiate all claims and representations to the designer. The client is responsible for all trademark, service mark, copyright and patent infringement clearances. The client is also responsible for arranging, before publication, any necessary legal clearance of materials the designer prepares.
Errors and omissions
It is the client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The designer is not liable for errors or omissions. The client's signature or that of an authorised representative is required on all mechanicals/artwork or via email before they are released for printing or other implementation.
Supplier's performance
The designer will use their best efforts to ensure quality and timely delivery of all printed material. Although the designer may use their best efforts to guard against any loss to the client through the failure of vendors, media, or others to perform in accordance with their commitments, the designer is not responsible for failure on their part. If client-selected suppliers, other than those recommended by the designer, are used, the client may request that the designer coordinates their work. Wherever possible, the designer will attempt to do so, but cannot in any way be held responsible for quality, price, performance or delivery.
Rights of ownership
Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer's promotional use. Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.
Ownership: The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee.
Third party contracts: The designer may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will begin on the assumption that third parties might be required for project completion. Such details will be finalised before the project starts, unless requested by the client at a later date.
Project termination
If a client stops a project – face-to-face or by telephone or email – for a period of 180 days from the start, the project can be cancelled in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client. This will be based on the work done to that date but will not exceed 110% of the total project cost.
Production schedules
Production schedules will be established and adhered to by both the client and the designer, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strikes, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or the designer. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly.
A document containing the above terms and conditions can be supplied upon request.
