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TERMS & CONDITIONS

T

 SUMMARY:

  • The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it is important that we both have an understanding of how best to deal with it. 
  • These terms and conditions are designed to ensure that we are both protected from any unexpected circumstances. 
  • It also lays out the basic groundwork for how the project will progress, and what is expected of us both. 
  • In the interest of saving a lot of headaches, this document contains the minimum legal jargon to still be legally enforceable.

By ACCEPTING A QUOTE, you are considered to have ACCEPTED these TERMS & CONDITIONS in full.

 

 WHAT DO BOTH PARTIES AGREE TO DO?

      • YOU AGREE THAT:

  • You have the authority to enter into this contract on behalf of yourself, your company or your organization. 
  • You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. 
  • You will review my work and provide feedback and approval in a timely manner. 
  • Deadlines work two ways, so you will also be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
 
      • I AGREE THAT:

  • I have the experience and ability to perform the services you required from me, and I will carry them out in a professional and timely manner. 
  • Along the way I will endeavour to meet all the deadlines set but I can not be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. 
  • On top of this I will also maintain the confidentiality of any information that you give me. 

PROJECT DELIVERY DATES:

  • If there is a hard deadline for your project, you must communicate it clearly upfront before payment is made. 
  • It is always my intention to complete your project on time. 
  • Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee. 

 DESIGN:

  • This contract allows for a set number of revisions as stated in the estimate. 
  • If at any stage, you are not happy with the direction the work is taking, you may cancel the project. However in this event you will be required to pay me in full for everything I have produced until that point and cancel this contract.

 TEXT CONTENT:

  • I am not responsible for writing or editing any text copy unless specified in the original estimate. 
  • If you would like me to write new content or edit text for you, I can provide a separate estimate for that.

 PHOTOGRAPHS:

  • You should supply graphic files in an editable, vector digital format. 
  • You should supply photographs in a high-resolution digital format. 
  • If you choose to buy stock photographs, I can suggest stock libraries. 
  • If you would like me to search for photographs for you, I can provide a separate estimate for that. If you need any advice on these formats I am always happy to help.

 CHANGES & REVISIONS:

  • All changes and revisions will need written approval in some form. 
  • If changes are given via a phone call, they will need to be confirmed in writing in an email and given the ok. 
  • Experience shows that fixed-price contracts are not always beneficial to you, as they can limit you to your earliest ideas. I do not want to limit your ability to change your mind. 
  • The price at the beginning of this contract is based on the length of time I estimate that I will need to accomplish everything that you have told me you want to achieve plus a few revisions. But I am always happy to be flexible. 
  • If you want to change your mind or add anything new, that will not be a problem, as I will provide a separate estimate for that.

 MAKING the MOST of CHANGES & REVISIONS:

  • You must be specific with your feedback. If you are requesting revisions, it is most effective to offer examples of colours, fonts, images and sites you like. 
  • Excessive revisions, tweaks, and miscellaneous changes are subject to additional charges at my discretion.
  • Errors in text or formatting that I have introduced into your content will be fixed for free. However, any other edits such as typing and grammatical errors or wording changes carried over from the original copy may be subject to additional charges.
  • I am not responsible for revisions or updates to a project once the final agreed-upon deliverable has been sent. 
  • If additional design, coding, or edits associated with this project are needed, a new project agreement will be created.

NOTE: Once you APPROVE A DESIGN, it’s considered FINAL.

  • Once you have approved a final design I shall remain happy to make changes should you request them, but all such changes will be quoted and billed separately.
  • Be sure to proof-read carefully before approving the final design.

 PROJECT CANCELLATIONS

  • Should something happen for any reason whatsoever that causes you to cancel this project once it has begun, you are completely free to do so. You will simply be billed for any work completed up to the point of cancellation, and I will send you any work completed up to that point.
  • Should some life-altering event happen to cause me to cancel this project, I will hand over any work completed up to the point of cancellation and refund you for any payments made on incomplete work.

 LEGAL STUFF

  • I can not guarantee that my work will be error-free and so I can not 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 have advised me 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.

 COPYRIGHTS

  • First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your good selves, or that you have permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

  • You will own the visual elements that I create for this project. 
  • I will give you source files and finished files and you should keep them somewhere safe as I am not required to keep a copy. 
  • You own all elements of text, images and data you provided, unless someone else owns them.
  • I will own the unique combination of these elements that constitutes a complete design and I will license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. 
  • This limitation means that you can not take the design I made for you and sell it on, whether it be an individual, company or any other business, but otherwise will not impact you.

     

  • I love to show off my work and share what I have learned with others, so I reserve the right, unless you specifically ask me not to, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, and in books.

 RIGHTS OF REFUSAL

  • I will not include in designs, text, images or other data anything which I deems to be immoral, offensive, obscene or illegal. 
  • All advertising material must conform to all standards laid down by all relevant advertising standards authorities. 
  • I also reserve the right to refuse to include submitted material without giving a reason.

 PAYMENTS

  • I am sure that you understand how important it is as a small business that you pay the invoices that I send you promptly. Therefore, you agree to stick to the following payment schedule:
      • 50% deposit paid upfront. Work will only commence once this is received in full.
      • 50% remainder is payable on completion; and not more than 30 days after receipt of finished product and invoice.
      • If payment is late, the statutory interest of 8% plus the Bank of England base rate will be charged, starting from the 31st day after the invoice date.

 THE SMALL PRINT

  • You can not transfer this contract to anyone else without my permission. 
  • 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.

Experienced Freelance Print & Digital Designer in Kingston Upon Thames, UK