To ensure the project runs smoothly and is a success, there are a number of important terms and conditions that need to be understood and agreed to before commencement. For the purpose of this agreement we refer to: (company name) as “the client” and Jessie Allen Design as “the designer”.
1.0 Respectful Interactions
The client and designer agree to deal with each other respectfully at all times.
2.0 Commencement of Work
As an agreement between the client and the designer concerning the work outlined in this quote, work will not commence until:
1. Written approval for this scope of work is provided in writing to firstname.lastname@example.org
2. A deposit of 25% is paid to the designer
3. Information required by the designer, as outlined in this scope of work, is supplied to the designer in an acceptable format. Templates are available on request.
3.1 You agree to pay a deposit, when required, of 25% the total cost prior to work commencing
3.2 You agree to pay the invoiced amount within 30 days of receipt of an invoice.
3.3 If a project is expected to last more than 4 calendar weeks, you agree to make payments on a monthly invoiced basis on the work done to date.
3.4 If an invoice is still outstanding 8 calendar weeks after date of invoice, the invoice may be passed to a collections agency, for which you will be liable for any additional costs this incurs.
3.5 Jessie Allen Design reserves the right to withhold releasing any final artwork or intellectual property to you until project payments are up to date.
4.0 Fee’s for Service
It is agreed that the fee for service shall be the cost estimates provided within this brief, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified within this brief, you agree to pay appropriate fees for the excess work.
5.0 Reviews and Additional Work
5.1 The designers’ services extend only to what is outlines or agreed to in writing in this scope of work.
5.2 You are entitled to one draft review for all designs produced. After the feedback has been actioned, any additional client feedback may be charged to you based on the designer’s standard hourly rate.
5.3 Client corrections include but are not limited to; changes that impact printing or web launch deadlines, additional typesetting, layout or graphic design modifications. If you require further amendments after the second draft has been supplied, no further amendments will be made until an estimate for the excess work has been approved by you. All design artwork is subject to final sign-off and approval by you before release of documents.
6.0 Urgent & After Hours Work
The designer reserves the right to charge a 50% surcharge on the designer’s hourly rate for artwork designs that are deemed urgent or for work prescriptively required outside of (The Designers) normal working hours (8.30am - 5.30pm, Monday to Friday)
7.0 Cancellation Fee
If you wish to cancel the project after approval has been given and during the commencement of graphic design work, a fee comprising of 50% of the remaining estimate work will be charged.
8.0 Investment Exclusions
Your investment does not include the following charges and these will be invoiced as separate items if they are incurred:
Travel and associated incidentals for meetings involving The Designer outside of Tauranga
Production expenses such as printing and photography
The purchase of any photography or illustrations
Third party fee’s such as web hosting, domain purchasing
Any other expenses not expressly itemised in the quote
Any third party expenses being incurred will be included on the final invoice, with the client notified and in agreement of, in writing prior to purchase.
9.0 Proof Sign-offs
The designer will supply final artwork for your final approval before final production, printing or launch is commenced. It is your ultimate responsibility for the checking of any literal, grammatical or numerical errors. Although the designer will take all reasonable means possible to ensure mistakes are corrected, the designer does not accept responsibility for errors not highlighted on the proofs and in feedback supplied. If you decide to make any additional work to amend any errors not highlighted at proof or feedback stage, additional fees will be charged for author corrections at the standard hourly rate.
10.0 Photography, Illustrations & Stock Imagery
10.1 Photography, images and royalty fees are not included within this brief unless specifically noted. Any images purchased from stock libraries on your behalf will incur the terms and conditions of the relevant supplier. Re-licensing fees and the associated terms and conditions attached to these images are your responsibility.
10.2 Additional charges may apply for additional services including image manipulation, touch-ups and montaging.
10.3 The designer does not accept any liability for breaches of copyright or the unauthorised use of images supplied by you for use in your brand marketing collateral. It is the responsibility of the client to ensure that any images supplied are copyright free and that you have permission to use the images.
Unless otherwise agreed, or at the designer’s sole discretion, the designer will not provide or create the content for your project. It is your responsibility for supplying all content required for the project in electronic and copyright-free format. The designer acquires no rights to the content, other than the right to reproduce specifically for graphic design artwork for the project.
12.1 You will own the copyright for all design contents created by Jessie Allen Design for the project upon completion and settlement of final payment.
12.2 It is agreed that copyright permissions shall remain with Jessie Allen Design for the purpose of professional portfolio use for personal and career development.
Permission rights include:
- License to reproduce and display contents
- Display of contents will not be used in a way that will harm your honour or reputation.
13.1 Final artwork will not be sent to print, nor will websites be made live until client has approved to do so whereby accepting responsibility that the information contained within the artwork/website is correct. The designer will not be held responsible for any amendments or reprints required as a result of errors noticed after final client approvals, unless designer accepts in writing sole responsibility for creating an error that client did not supply or that the client could not be reasonably expected to notice.
13.2 No liability will be taken by the designer for any errors resulting from changes which the client physically makes themselves to any website or artwork. The designer is not responsible for fixing or altering any mistakes the client physically makes themselves to a website or artwork unless otherwise agreed in writing, or with agreed compensation.
13.3 No liability will be taken by the designer for the success or other of the website or company in any respect as a result of, but not limited to; the design and content of client’s website or artwork, timeliness of website/artwork, content and misuse of any information or copyrights as supplied by, or managed the client.
13.4 No liability will be taken by the designer for any loss of earnings or otherwise financial and/or image loss of the company throughout which time the website and/or artwork is being created.
13.5 In the event that a time-frame cannot be achieved by the designer - for any reason other than the designer reneges on the contract, the designer accepts no responsibility for any direct or indirect consequences such as (but not limited to); loss of earnings or the inability for the client to meet third party contractual obligations. Designer also does not accept liability for any consequences resulting from any serious or debilitating health issues, which prevented their completion of client work.
14.0 Artwork Representations
Different computer monitors display colour differently, should a client be viewing the designer’s work via their computer, designer cannot accept responsibility for any resulting inconsistencies between the on-screen view and final printed artwork.
15.1 The ownership of designs and illustrations produced in the form of vector image files specifically for the project shall be your property. Sketches and any other materials created in the process of making the finished images shall remain the property the designer, unless indicated to the contrary.
15.2 The ownership of photographs in the form of compressed image files (jpg, png, gif) created specifically for the project shall be your property. Raw image files created in the process of making the finished images shall remain the property the designer unless indicated to the contrary.
16.0 Artistic (Moral) Rights
It is agreed that artistic (moral) rights shall remain with the designer to ensure artistic recognition and respect is given to the designer, and the work is not misused or mistreated. Artistic rights include:
- Right of attribution – Jessie Allen Design is named and acknowledged for her work
- Right against false attribution – Jessie Allen Design can stop other people from claiming that they
created the work
- Right of integrity – Jessie Allen Design can stop the work being used in a way that harms her honour or reputation.
The above rights do not include artwork that has been acquired from external sources as part of the graphic design/artwork process. These include but not limited to logos, branding style, photographs, illustrations, copy either purchased from image libraries or directly supplied by the client.
It is agreed that Jessie Allen Design shall not at any time during or after the project, except in the fulfillment of her duties, reveal any of your confidential information or your clients or associates to anyone whatsoever without your prior consent in writing.
Amendments to these Terms & Conditions
These terms and conditions may be updated at any time, without warning a the designer’s sole discretion