TERMS AND CONDITIONS
The 'Designer’ is Sara Holloway, BA. The 'Client’ means the party, or any person acting on their behalf, who requests Work from the Designer.
These terms and conditions relate to all forms of graphic design, print management and web design services. They are valid for both one-off projects and ongoing agreements involving multiple projects over time.
In consideration of the mutual agreement made herein, both parties must agree as follows:
The Designer agrees to produce project materials (the ‘Work’) at the request of the Client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. The Designer agrees that she will be the sole author of the Work, which will be original work and free of plagiarism. The Designer will cooperate with the Client in editing and otherwise reviewing the Work prior to completion and launch. Work includes only the final, deliverable art, and not any preliminary Work or sketches.
The Designer acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. The Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof.
Portfolio Rights and Credit:
Unless strict confidentiality is requested by the Client in advance of the establishment of this Agreement, the Designer can display the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the Designer’s business, including the Designer’s website and printed portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
The Designer will unobtrusively include the wording ‘Designed by Sara Holloway - ' on final delivered artwork, but only for projects where it is appropriate to do so. If the Client wishes for this to be removed, they can request this during artwork approval. If this wording is removed, or deemed inappropriate for inclusion, the Client and the Designer agree that when asked, the Client must properly identify the Designer as the creator of the Work. The Client does not have a proactive duty to display the Designer’s name together with the Work, but the Client may not seek to mislead others that the Work was created by anyone other than the Designer.
Ownership and Copyright:
As per UK law, the Designer retains ownership of all original artwork, design elements, and other graphic information contained herein whether preliminary or final. The Client purchases the design service and the right to use the designed outcome for the specific purpose of the project requested.
The Client may not in any way use original artwork designed by the Designer for purposes outside the scope of the agreed project parameters without express written permission from the Designer. Only when a specific license agreement outlining usage rights or outright purchase of original artwork has been agreed upon, can the Client claim usage rights of the original design. This includes the use of any artwork or illustrations designed by the Designer for any saleable merchandise or products.
If the Client wishes to adapt or alter a design in any way after initial completion, or use it for a different purpose, they must allow the Designer to affect the necessary changes and provide the adapted artwork required. This includes, but is not limited to, adapting a logo design, altering a colour scheme, and using individual elements from a design to create a different artwork.
Standard industry practice stipulates that a general design project does NOT result in transfer of digital design assets such as original design files (also known as: source files), therefore the ownership of this intellectual property remains with the Designer. An agreement to provide usage rights of source files may be entered into between the Client and the Designer. Until such time, source files remain the legal and exclusive property of the Designer.
Revisions to Artwork:
Once an initial design draft is presented, the Client is welcome to provide feedback, ideas, ask questions and make revisions. The Designer will then provide a new version of the design. This is known as a ‘round of revision’. The cost quoted for each project will include two rounds of revision as standard. If further changes or revisions are needed, the Designer reserves the right to charge an additional fee of £20 per hour.
Completion and Deadlines:
All completed Work will only be delivered once the Client has approved the design. The Designer is not responsible for any errors occurring in the Work or projects related to the work after approval by the Client, including, but not limited to, spelling errors.
The Designer will make all reasonable efforts to meet quoted completion dates. However, the Designer will not be liable in cases of late delivery, however caused, nor shall lateness be deemed to be a breach of contract or an act of negligence.
Compensation and Expenses:
For Work quoted at under £500, the Client agrees to pay the Designer 100% of the total project cost on delivery of agreed Work and within 7 days of receipt of the Designer’s invoice. If the quoted cost of Work is over £500, the Designer requests that the Client pay 25% before commencement of Work, with the remaining 75% due on completion, and within 7 days of receipt of the Designer’s invoice.
If the parameters of the Work change once started, or if it involves more time than estimated, the Designer will inform the Client and they can renegotiate the Work’s cost. The Designer is responsible for the payment of all income taxes with respect to the services she performs for the Client as an independent contractor. The Client will not treat the Designer as an employee for any purpose.
Project expenses are incurred when any project requires use of materials or vendors. Expenses will be agreed in advance and be invoiced back to the client, and may include:
• Printing, colour proofs and other pre-press production items
• Photography sessions and image editing
• Stock Photo purchases specifically related to the project
• Print coordination fees and job pickup/delivery costs
• Web Site Hosting & Domain Name Registration fees
• Sub-contracting, other vendor costs & Project Management fees
Both parties understand that the Client or the Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed, which is determined by the Designer. Should the Client cancel the project following its completion, the Client is responsible for full payment as per the agreed upon estimate, plus all expenses incurred.
Acceptance of Terms:
The Client is agreeing fully to these trading Terms and Conditions by commissioning the Designer's services.
Copyright © 2018 Sara Holloway. All rights reserved.