Rights & ownership
Rights
All services provided will be for the exclusive use of the client, other than in the case of promotional use by the designer. Upon settlement of the designated fee, the following reproduction rights will apply to all approved final designs created for the project:
full transferable rights to brand identity
full license to reproduce works through commercial printers
Ownership
The client will be entitled to full ownership of all approved final artwork created for the project upon settlement of the designated fee.
Third party contracts
The designer may contract with other creative professionals to provide services such as web development, editing, photography and illustration. Any third-party terms and conditions will include full reproduction rights for the client. When such contracting adds to the project cost, client permission will be sought. No project will commence on the assumption that third parties may be required for project completion. All third-party involvement will be finalised prior to project commencement unless requested by the client at a later date.
Payment
Standard rate
The client will make a non-refundable down payment of at least 25% of the designated hours prior to project commencement. The project will be scheduled upon receipt of the down payment. The remaining hours worked will be payable to the designer upon completion of the project. For projects that exceed 20 hours, a retainer invoice must be paid before work can continue.
Discounted rate
The client will make a non-refundable down payment of at least 50% of the designated hours prior to project commencement. The project will be scheduled upon receipt of the down payment. The remaining hours worked will be payable to the designer upon completion of the project. For projects that exceed 20 hours, a retainer invoice must be paid before work can continue.
Late payment
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5% late payment fee will be charged. This 5% fee will accrue at the completion of each 30-day period until the designer has received full payment.
Urgent work
If the project requires a deadline within 48 hours this will be 1.5x the standard rate.
Cancellation
If, after the project has commenced, client communication ceases for a period of 180 days, the designer is entitled to discontinue the project. In this event, the designer will retain ownership of copyright. The client will be notified of the cancellation in writing and must pay a cancellation fee for work completed. This fee is contingent on the stage of the project but will not exceed 100% of the total project cost.
Confidentiality
The client will inform the designer in writing before the project commences if any portion of the material provided by the client or any portion of the resulting project is confidential.
Indemnity
The client will agree to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits and judgements, including attorney fees and costs, but only to the extent that the problem does not arise from the designer’s actions or from work supplied by the designer.
Samples
The client will provide the designer with samples of print design that represent the project delivered. Samples must be representative of the highest quality of work produced. The designer may use these samples for publication, exhibition and other promotional purposes.
Consensus
A document containing the above terms and conditions will be supplied via email along with the client’s first invoice.