The following terms and conditions have been tailored to protect both the client and the designer during the working relationship.


Communication

The majority of designer/client communication is normally via email, helping both parties keep track of specific design requirements and potential changes.


Payment schedule

The client will make a part down-payment prior to work commencing. The project can be scheduled once the downpayment is received by the designer. The remaining % is payable to the designer upon completion of the project, and before original artwork is supplied to the client.


Delayed payment

If the final invoice is not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by the designer.


Cancellation and Amendments after Project Commencement

If after project commencement, client communication regarding the specified project stops for a period of 30 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer unless full payment is made for the same. A cancellation fee for work completed thus far shall be paid by the client, with the fee based on the stage of project completion. Cancellation fees shall also be applicable for projects abandoned after initial drafts supplied to client and for infinite delays due to unforeseen reasons. *The fee will not exceed 110% of the total project cost.

If project is cancelled after advance payment has been made for any project, said advance  is non-refundable.  No refund shall be made in the event that the project brief is changed entirely after the first round of samples and mockups have been submitted: in such case, changed brief shall be treated as a new project and additional charges may apply.

If any new concept changes are requested in the design after said project is considered closed (and final files submitted to client,) additional charges shall apply.


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:

  • 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 final artwork created during the project upon full payment of the agreed fee.


Miscellaneous

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.

Samples: The client shall 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.

Right to Display: The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs or mockups for publication, exhibition, or other promotional purposes.

Proofing: All prudent efforts are made to incorporate color schemes and palettes approved by the client into final deliverables. It shall remain the client’s responsibility to proofcheck these while making final approvals with print vendors or before sharing digitally.

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.

Client Liability: The designer shall not be responsible and is not liable if for any reason whatsoever the final inputs fail to match the ones as approved by the client. The Client must always ask printers for proofs from vendors before proceeding with commercial production.

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, but only to the extent caused by, arising out of, the work supplied by the designer.


Consensus

A link to the above terms and conditions will be supplied via email along with the first invoice. Acceptance should be stated in an email reply.


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