TERMS AND CONDITIONS
Agreement between, Raymond de Beer (henceforth referred to as DESIGNER) and business/individual (henceforth referred to as CLIENT). The CLIENT is subject to the following terms and conditions.
This document defines the terms and conditions of our working relationship. All projects or services that DESIGNER may be contracted to produce or provide for CLIENT will be subject to the following, unless otherwise agreed upon by both DESIGNER and CLIENT:
DESIGN SERVICE TERMS – DESIGNER reserves the right to refuse to commit to any project deemed unfit due to content or other.
The acceptance of a project shall be deemed as a contractual agreement between the CLIENT and DESIGNER. DESIGNER cannot always guarantee to start work immediately on a project but will inform the CLIENT of estimated timescales upon acceptance of the project.
PAYMENT/ESTIMATES – CLIENT agrees to pay DESIGNER in accordance with the terms specified in each proposal/estimate. On large projects a deposit may be required before work can commence.
DESIGNER accepts payment by bank transfer or cash, within thirty (30) days* of the date on the invoice. DESIGNER reserves the right to withhold final material until full payment has been received for a project. Any payment returned by the bank will incur a service charge. This will be invoiced and added to the outstanding debt owed by the CLIENT. Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is calculated at prime +2% per annum and will be added monthly. DESIGNER reserves the right to refuse completion or delivery of work until past due balances are paid.
Cost estimates are valid for only thirty (30) days* from date stated on quote. Changes requested by client, over and above that which was quoted for, will be billed additionally. The client will be notified of any price changes.
WORKING/BILLING PHASES – Based on experience with long-term design communications projects, it was found that it is mutually advantageous to handle each project in logical 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. Planning the work, cost estimating, and billing in several phases permits DESIGNER or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or cancelled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by DESIGNER.
Work will commence upon CLIENT’S approval of the cost estimate. Your approval (written or oral) will constitute an agreement between us.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and/or weekends. Knowledge of your deadlines is essential to provide an accurate estimate. Overtime** is estimated at time and a half with Sundays and public holidays estimated at double the hourly rate.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by DESIGNER after a proposal/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, a proposal of revision memo will be submitted to CLIENT, and a revised additional fee must be agreed upon by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts or mechanicals are completed will be billed at standard hourly rates.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. DESIGNER is not liable for errors or omissions. Your approval, in writing or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either party upon thirty (30) days* written notice. If you should direct DESIGNER at any time to cancel, terminate or “put on hold” any previously authorized purchase, it will be done promptly, provided that any cost incurred as a result will not be extended to DESIGNER.
CLIENT has the right to cancel an order at any time. In the event of cancellation CLIENT will be invoiced for the cost of the work carried out so far based on the hourly rate. If no work was completed, CLIENT will not be charged.
PRICE CHANGES – DESIGNER reserves the right to change prices at any time and without notice. However, if a CLIENT has already commissioned any services prior to the change in prices, that commission will not be subject to the increase, but with subsequent commission it may be applied.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses will be itemised on each invoice. If consultant or supervisory services are required in out-of-town locations, CLIENT will be billed for lodgings, meals, and transportation. Reimbursement for mileage is calculated at current allowable rates.
LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all outstanding claims against the CLIENT are satisfied.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to DESIGNER regarding preparation of materials and must be able to substantiate all claims and representations. CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances. CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials that is to be prepared.
Photographs, images and text supplied to DESIGNER must be the clients own or licensed for use by CLIENT. DESIGNER cannot be held responsible for any breach of copyright or any other infringements caused by reproduction of materials supplied by CLIENT.
RIGHTS OF OWNERSHIP – The DESIGNER reserve the right to photograph, distribute and/or publish for promotional and marketing needs any work created for CLIENT, including mock-ups and comprehensive presentations, as samples in his portfolio, newsletter, brochures, slide presentations and similar media. DESIGNER agrees to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereafter, reserves the right to discard of them.
PROPERTY AND SUPPLIER’S PERFORMANCE – DESIGNER will take all reasonable precautions to safeguard the property you entrust upon him. In the absence of negligence on DESIGNER'S part, however, the DESIGNER is not responsible for loss, destruction, damage or unauthorized use by others of such property. Although DESIGNER may use his best efforts to guard against any loss to CLIENT through the failure of vendors or others to perform in accordance with their commitments, DESIGNER is not responsible for failure on their part.
RECOMMENDED SUPPLIERS – DESIGNER may request third party suppliers to work alongside him on your design project. These may include printing firms, copywriters and web developers, should any of these companies be required. DESIGNER will not be held responsible for any problems or delays that may occur from using said suppliers.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both CLIENT and the DESIGNER, provided that neither shall incur any liability, penalty or additional cost due to causes beyond the control of the CLIENT or the DESIGNER. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
* All 'days' refer to calendar days and not working days.
** 'Overtime' refer to work required after 5:30pm on weekdays and Saturdays.