The Designer will:
Perform the Work with reasonable skill, care and diligence in a professional manner; endeavour to ensure the work is performed in accordance with the time frames agreed with the client; deliver the client original work, except to the extent that the client requires, or requests, third party or pre-existing work to be incorporated or used in the Work; perform the Work on a non exclusive basis, and the designer will be free to perform the same or similar work for others without restriction.
Will give all reasonable assistance to enable the designer to perform the work by: giving clear instructions; providing information, artwork or other materials, including content, to the designer in a timely manner.
RIGHTS AND OWNERSHIP
All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use.
The client shall be entitled to full ownership of all final artwork created during the project (any concepts that are not taken up are owned by the designer) upon full payment of the agreed fee. Artwork may not be sold on or redistributed by the client unless agreed upon with the designer upon the project. Royalty fees may apply.
INTELLECTUAL PROPERTY RIGHTS
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, Internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including knowhow) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
You guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.
I guarantee that all elements of the work we deliver to you are either owned by us or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You will own the brand or website I design for you plus the visual elements that I create for it. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
I will own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless I agree otherwise.
The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
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 commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.
The designer can be reached by telephone, email or Skype.
The designer will work with one designated person when dealing with a large organisation.
Where a quotation is given by the designer for work: The quotation shall be valid for seven days from the date of issue; and the quotation shall be exclusive of any taxes unless specifically stated to the contrary. Where work is required in addition to the quotation the Client agrees to pay for the additional cost of such work.
Payment for the work shall be made in full on completion of the project or on the 20th day of the month following the date of the invoice (“the due date”) Any expenses to create the design eg photos, 3rd party providers and extra costs shall be paid by the client. Any extra costs incurred, the client will be notified as soon as possible and accept /decline the cost before the designer proceeds to purchase the expense for design purposes. eg a poster is created and a photo is needed. The photos may be bought from a website and the charge will be included on the invoice to the client. If the remaining 75% of the project fee is not paid by the client when it is due the designer has the right to take the client to small claims court to recover costs.
The client will make a non-refundable 25% down payment prior to work commencing. The project can be scheduled once the down payment is received by the designer. The down payment is non-refundable. The remaining 75% is payable to the designer upon completion of the project and before original artwork is supplied to the client. I’m sure you understand how important it is as a small business that you pay the invoices that we send you promptly. I issue invoices electronically. The payment terms are stated on the invoice days from the date of invoice. All proposals are quoted in NZD unless otherwise stated and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.
If you would like to pay by credit card there is a 2.9% + NZ$0.30 merchant fee. Payment plans can be done upon agreement written on signature page of contract.
If, after the project has commenced, subsequent invoices are not paid or credit card charges are declined within 10 days or within stated days on invoice, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 20 day period until the full amount has been received by the designer.
If after project commencement client communication (telephone, or email) stops for a period of 10 days, 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, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost. If a job is booked in and cancelled before it has started the 25% deposit will not be refunded. If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay me in full for the time we’ve spent working with you until that point and terminate this contract.
DELAYED COMPLETION OF A JOB
If a website or other design project lays inactive for more than 10 days due to the client not responding, or taking extreme periods of time to contribute and complete the job then work up to that point will be invoiced for and the designer has the right to cease working on the project and charge for the time worked.
GRAPHICS AND PHOTOGRAPHS
If you can you should supply graphic files in an editable, vector digital format. If you can you should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, I can include search time in the quote.
The client can provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes. The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
A prepress check is done after the final sign off stage. If the document has been signed off by the client, goes to print and there is a error this will fall back on the client as it has been signed off. At no stage will the designer be liable for any printing errors or printing costs.
FINAL SIGN OFF
The final sign off stage is where the client signs off and contractually accepts the final design, once the design is verbally accepted or has been confirmed by email the client has approved the artwork and final payment will be made and the designers will transfer the files.
I’m not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. Then, the updates to, and management of that domain will be up to you.
Training sessions are booked in straight after the website has gone live. If you do not take up the training session the opportunity to get the training will expire 10 days after the project is completed. Any questions regarding your website after you have had website training will need a support ticket that will incur a fee.
SEARCH ENGINE OPTIMISATION ( SEO )
I don’t guarantee improvements to your website’s search engine ranking, or for it to appear on the first page of Google, but the web pages that we develop are accessible to search engines. An SEO company can help you in this area and I'm happy to recommend one that I work with.
While having social media designed and styled is one part of social media, I do not guarantee followers, likes or engagement. Instagram styling, Facebook cover designs or posts are a visual tool not a strategy.
CHANGES AND REVISIONS
I don’t want to limit your ability to change your mind but I also want to make sure we get the project completed. The price at the beginning of this contract is based on the number of weeks that I estimate I’ll need to accomplish everything you’ve told us you want to achieve and any limits to changes will be
outlined in the process or quote If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for those additional changes.
The Designer shall not be liable for delay or failure to perform its obligations under this agreement if the cause of the delay or failure is beyond their control.
I’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I can’t guarantee that my work will be error free and so I can’t be liable to you or any third-party for damages including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I have advised you of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs.