Terms & Conditions

GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that the DESIGNER may be contracted to produce or provide for CLIENT will be subject to the following:

WORKING/BILLING 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. For each project, the CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses. We will begin work upon the CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us.

PAYMENT/ESTIMATES – The CLIENT agrees to pay DESIGNER in accordance with the terms specified in each proposal or estimate. An advance of 25-50% of the project cost dependent on the size of the project will be required before work can begin. Unless otherwise specified, all subsequent balances due are payable upon art approval. We reserve the right to refuse completion or delivery of work until past due balances are paid. Estimate: Billing will reflect the actual costs incurred, valid for only 30 days from date of estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.

OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by DESIGNER after a proposal or 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, we will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by 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 – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trade mark, service mark, copy right and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

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.

PROPERTY AND SUPPLIER’S PERFORMANCE – DESIGNER will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, the DESIGNER is not responsible for failure on their part. As we source our hosting from a third party we cannot be held responsible for any loss or breakage in their service wether temporary or permanent.

RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by the CLIENT, the DESIGNER will assign the reproduction rights of the design for the use(s) described in the proposal. Where domain name registration and hosting is arranged for the CLIENT these will be registered in the CLIENTS name following payment in full of the third party costs.

According to the Copy right Law, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by the DESIGNER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.

We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 12 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.

TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty 30 days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, the DESIGNER will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold DESIGNER harmless for any loss or expense (including attorney’s fees), and agree to defend DESIGNER in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to ascertains made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the United Kingdom applicable to agreements entered into and performed in the United Kingdom. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain leagal services to collect our invoices, we will be entitled to reasonable legal fees, court costs, and interest at the maximum rate permitted by law.