Terms and Conditions
The Designer will:
Perform the Work with reasonable skill, care and diligence in a professional manner; endeavor 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.
OFFICE HOURS & COMMUNICATION
The designer will work with one designated person when dealing with a large organisation. Office hours are Monday through Thursday 9am to 5pm and Friday 9am to 3pm (NZ time). Email is to be the primary form of communication between Client and SWD. SWD is available for phone calls during office hours only. Occasional calls of only a few minutes in duration are not typically billed to the Client. However, the time of both parties must be respected, and calls lasting over 10 minutes will be billed to the Client. Telephone/Skype meetings must be prescheduled. Cancellation requires a minimum of 24 hours.
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”) apart from social media work where full payment is due upon start 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.
Monthly retainers provide ongoing support at a discounted rate up to the number of hours set forth in this Agreement. Retainer fees are required in full in advance of services; payment is due on or before 1st of each month. If payment is not received by the 1st, full standard hourly rates will apply for any work performed during that month, and monies received will be applied accordingly. Services rendered beyond the retained number of hours will be billed at the full hourly rate with payment due upon receipt. Hours are billed in 5 (five) minute increments. Payments rendered are considered fully earned and non refundable.
Unused hours are not carried over; it is incumbent upon Client to utilise their retained hours each month.
TERMINATION OF RETAINERS
Retainers may be terminated by either party for any reason with 10 (ten) days advance written notice of intent to cancel. Retainer fees are due in full for the intended month of cancellation if proper notice is not provided.
Basic support receives 24-48 hours attention. Each new or special project requires a minimum three (3) days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work will be subject to a additional fee and/or other rush fees. Service Provider reserves the right to refuse any project or service request.
Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement. Services requested by Client and provided by Service Provider that do not fall within the scope of this Agreement will be billed separately at the full standard hourly rate according to service category with payment due upon receipt.
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. We can also set up reocurring credit card charges for ongoing work.
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.
Due to the nature of the businesss deadlines and time frames are to the best of our ability used as a target and any time a project is not going to make the discussed time frame SWD will inform the client and reschedule.
Time is booked in our schedule to complete your work and we expect you as a client to get back to us within a timely manner and we will also do the same. If you go over your allocated time slot and do not communicate your changes in enough time to complete a project you will be charged $75+GST for every hour over the time booked in the diary.
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, PHOTOGRAPHS AND ANIMATED LOGOS
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.
With your brand package comes an animated logo, this is to help you promote your brand. We do not accept changes to the animation.
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. We will notify you that the document is a High Res version, that can be used for print.
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.
Website training videos are provided at the end of the project and are specific to your site. Multiple questions, emails or support needed regarding your website after your website training video is sent 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.
While having social media designed, styled and scheduled 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.
Scope: My scope includes everything listed in the contract and estimate, nothing more, nothing less.
Anything additional will be quoted and performed upon payment as agreed upon.
My disclaimer: I DO NOT guarantee revenue goals, ROI, a certain profit margin etc. That’s just not fair to ask of me since I am only a small part of any business equation.
What I DO guarantee:
I will help you stay organised and streamlined
I will save you a lot of time dealing with things you don’t have time to deal with and in turn will give you more time to focus on your business
I will treat your business as if it is my own to the best of my ability
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. This also includes any additions to web design that was not discussed in the initial scope.
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.apply.
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.
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document .
If you do not sign this contract and proceed with any work then the elements outlined in this contract will apply.
Last updated 19/06/18