David Zinyama | Terms & Conditions
Freelance Art Director & Consultant
Graphic Design, Graphic Designer, Photographer, Art Director, Consultant, Visual Artist, Digital Artist, Freelancer, Manchester, Liverpool, United Kingdom, Brand Identity, Logo Designer, Retoucher, Image Retoucher, Image Manipulation, Web Designer, Professional photography, Portrait photography, Event photography, Concept Development, Brand Development, Marketing & Communication
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Terms & Conditions

Terms & Conditions

If you appoint the Designer to prepare work for you on a project or ongoing basis, you are bound by the following Terms & Conditions.

Definitions:

The Client : Also referred to as ‘You’, the company, business or client, authorised representative of the client, or individual requesting the services of the Designer.
The Designer : Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
The Project: The designer will issue you with an estimate and/or proposal either verbally, by post or via email outlining our interpretation of your brief, the scope of works, work method, deliverables and limitations of service. For the purposes of this document, The Project may also be titled ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.

1. General

All work is carried out by the Designer on the understanding that the client has agreed to the Designer’s terms and conditions.

Copyright is retained by the Designer on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by the Designer as fulfilling the contract. All other designs remain the property of the Designer, unless agreed in writing that this arrangement has been changed.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Designer reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

2. Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by the Designer and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and the Designer.

3. Project acceptance

Acceptance of the estimate/proposal Phase Creative provides you with is deemed acknowledgement and agreement to the the following terms and conditions. Fixed Fee components of estimates are firm for three months from the date of proposal. Estimates not accepted within that time may be subject to adjustment.

At the time of proposal, the Designer will provide the client with a written estimate or quotation. The terms and conditions can be read on the the Designer website.

The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept the Designer’s terms and conditions.

No work on a project will commence until acceptance of the quotation has been received by the Designer.

4. Project duration

Any indication given by the Designer of a design project’s duration is to be considered by the customer to be an estimation. The Designer cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by the Designer.

5. Project completion

The Designer considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, film work, website uploading, publishing, etc, either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

6. Payment

The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/ publication. All invoices are payable within the due date of receipt. At this time the remainder of the fees due will become payable.

Payments may be made by Bacs, cash, cheque, or (for overseas customers), Paypal or previously agreed electronic funds transfer.

Payment schedule

The Client will make a 50-75 percent down payment prior to work commencing for projects above £300. The project can be scheduled once the downpayment is received by the designer. The down payment is nonrefundable. Work on the project will not commence until The Designer has received this amount. The remaining percentage is payable to The Designer upon completion of the project, and before original artwork is supplied to the client. Full payment is required for any projects below £300, and a down payment when above.

For larger projects with a high quotation, the Desihner will require a staged payment. This would normally be three payments at stages to be agreed with the client. All new clients are required to pay in full prior to the Designer commencing work.

In most cases, for most projects I tend to seek full payment up front due to the fragile and precarious nature of releasing and showing unique ideas prior to being paid. If you are happy to pay the full amount, please let me know. A percentage will be deducted from the invoice if full payment is made upfront. If full payment is not appropriate, then a minimum of 50-75% is usually required for projects only above £300. This is routine and has unfortunately been born through necessity. The final balance is due towards completion of the project when the logo has been approved. Only when the final payment has been received will any requested digital files be released.

Delayed payment

If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by the designer.

Charges for other services

Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.

7. Default in payment

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.

The Designer shall be considered entitled to remove the Designer and/or the client’s material from any and all computer systems, until the amount due has been fully paid.

This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay the Designer reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

8. Estimates

The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be Hourly Fee per hour and the designer shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered. The fees and expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked Firm Quote, otherwise the below stated hourly fee will be payable on all time over that which was quoted with a minimum in 30 minute increments.

9. Changes and Alterations

The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that the Designer holds no responsibility for any amendments made by any third party before or after a design is published.

10. Expenses

The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.

Consultation

Where required, milestone meetings/calls/training sessions will be costed into each stage as itemised in The Proposal. Should additional meetings be requested or special presentations required, these will be charged at the hourly rate and reflected on the invoice. You will be notified if a meeting or call is in excess of the anticipated project scope.

11. Cancellation

Cancellation of orders may be made initially by telephone contact or e-mail, however, following this, the Designer will need formal notification in writing to the company’s postal address if requested. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client.

Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is cancelled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of 50% of the remaining hours that were expected to be completed on the project, whichever is greater.

If there is a break of communication within a period of 45 days with no response from the client without prior notice, The Designer has the right to cancel the project and by default this will go down as a terminated project.  Lack of communication will affect major factors of the project such as project deadlines, timescales / estimated time of delivery.

12. Refunds

The Design will do everything possible to satisfy the Clients needs, but if a refund is requested, the Client will have to pay for all requested revisions beyond the initial designs. The remaining amount will be refunded to the client depending on how the payment was made. The Client agrees not to use any sighted revisions as they remain the property of the Designer. Negotiations for full refunds will not be accepted. As clearly stated, all clients are asked to read and agree to these terms of service prior to the commencement of any project.

13. Ownership and return of artwork

The Designer retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.

14. Credit Lines

The customer agrees to allow the Designer to place a small credit on printed material, exhibition displays, advertisements and/or a link to the Designer’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow the Designer to place all designs on the Designer’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise. If this is not the case then a non discloure agreement will have to be put in place before project commences.

15. Releases

The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.

16. Modifications

Modifications of the terms of this contract must be written and authorised by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.

17. Copyrights and Trademarks

By supplying text, images and other data to the Designer for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by the Designer on behalf of the client, will remain the property of the Designer and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.

The client may request in writing from the Designer the necessary permission to use materials (for which the Designer holds the copyright) in forms other than for which it was originally supplied, and the Designer may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to the Designer, the client grants the Designer permission to use this material freely in the pursuit of the design.

Should the Designer or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow the Designer to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold the Designer free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

18. Licensing

Any design, copywriting, drawing, idea or code created for the client by the Designer, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of the Designer and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

The Designer will not be held responsible for any and all damages resulting from such claims. The Designer is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold the Designer responsible for any such loss or damage. Any claim against the Designer shall be limited to the relevant fee(s) paid by the client.

19. Code of fair practice

The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).

Code of fair practice

The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.

20. Limitation of liability

Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.

21. Rights of refusal

The Designer will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Designer also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that the Designer does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow the Designer to remove the contravention without hindrance, or penalty. The Designer is to be held in no way responsible for any such data being included.

22. Disclaimer

The Designer makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Designer will not be held responsible for any and all damages resulting from products and/or services it supplies. The Designer is not responsible for any loss, or consequential loss of data, or nondelivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The Designer responsible for any such loss or damage. Any claim against The Designer shall be limited to the relevant fee(s) paid by the customer.

The Designer reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Designer will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

23. Acceptance of terms

The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. E-mails will be kept as evidence of acceptance to these terms. Electronic signatures shall be considered legal and binding in most cases.