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.

Client’s Commitment   

The Client 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 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, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:

Ownership 

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. 

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.

Communication   

The designer can be reached by telephone, email or Skype. 

Payment   

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.

Payment schedule   

The client will make a non-refundable 25% downpayment prior to work commencing. The project can be scheduled once the downpayment is received by the designer. The downpayment 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. 

Copyright 

Upon payment of all Fees to the Designer in accordance with the Terms and Conditions of this Agreement, the Designer assigns to the Client the copyright in the final form of any Work which the Designer has specifically created for the Client for the countries and for the purposes as specified in the quote or instructions, or if not specified, for the counties and for the purposes which would be reasonably expected by in light of the nature of the Client’s request for the Work.

Force Majeure 

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 its control.

Quotes 

Where a quotation is given by the Designer for Work: The quotation shall be valid for thirty (7) 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.

Delayed payment 

If, after the project has commenced, subsequent invoices are not paid 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.

Cancellation 

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.

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.

Miscellaneous Samples 

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.

Confidentiality 

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.

Indemnity 

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.

Printing 

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. If there is a prepress error that is picked up before printing, and can be proved to be the designers issue then the designer will fix this at no cost. 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 this is signed 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.

Consensus

These terms on the Simply Whyte Design Website are supplied as a link on quotes and a copy will be supplied via email upon request. By accepting a quote you accept the terms and conditions. Last updated 24/10/16