Agreement between DESIGNER and business or individual identified on this agreement. The client/individual listed below is subject to the following terms and conditions.
GENERAL WORKING AGREEMENT
This document defines the terms and conditions of my working relationship. All projects or services that DESIGNER may be contracted to produce or provide for CLIENT will be subject to the following:
WEBSITE DESIGN TERMS AND CONDITIONS
CONTENT
All content must be delivered from the CLIENT by the deadline outlined by the DESIGNER, any content delivered after this date will still be uploaded but will be charged at an hourly rate. Any necessary amendments to the content will also be charged at an hourly rate.
DESIGN
The design of the site is to be agreed before the project commences and between the CLIENT and the DESIGNER. Any minor amendments to the design will be free of charge up to 14 days after the website handover , however changes to the design that were not outlined in the brief will be charged at an hourly rate and can be made at any time.
GUARANTEE
All websites produced by the DESIGNER are guaranteed for 90 days from handover date. Any faults will be corrected free of charge during this time unless the fault is created by the CLIENT in error.
A demonstration of how to use WordPress is also available in order to prevent CLIENT errors, please contact the DESIGNER for details.
For further maintenance of the website please contact the DESIGNER for available web content management solutions.
GENERAL TERMS AND CONDITIONS
WORKING/BILLING PHASES
Based on experience with long-term design communications projects, I have 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 Ire actually completed by DESIGNER. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and my proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.
I will begin work upon CLIENT’S approval of the written estimate. Your approval (written) will constitute an agreement between us.
PAYMENT/ESTIMATES
CLIENT agrees to pay DESIGNER in accordance with the terms specified in each proposal/estimate. CLIENT will be required to pay 50% of the project cost before work can begin except if stated within the project brief or in written communication between the CLIENT and Harriet Bishop Marketing & Design.
Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. I reserve the right to refuse completion or delivery of work until past due balances are paid.
Estimate: Billing will reflect the actual costs incurred. All estimates are valid for only 30 days from date stated. Client requested changes will be billed additionally. The client will be notified of any price changes.
OUT-OF-POCKET EXPENSES
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, colour printouts, laminating, separations, shipping and handling or courier service. Expenses are itemized on each invoice. If consultant or supervisory services are required in out-of-town locations, I will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
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, I will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
OVERTIME
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% to 200% mark-up on overtime after 5:30pm and Weekends.
NATURE OF COPY
CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials I prepare.
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 signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
TELECOMMUNICATIONS
CLIENT shall pay for all transmissions charges. The DESIGNER is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
OVER RUNS AND UNDER RUNS
The CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. The DESIGNER will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
PLACEMENT OF ADVERTISING
At your request, I will purchase media space on your behalf through my media division. Space will be billed to you at current rates plus the standard agency commission.
INSPECTION OF BOOKS
Upon reasonable notice, any and all invoices from my vendors, time sheets and other documentation relating to your account will be available to you. Inspection at my studio by your authorized representative may be arranged during normal business hours.
PROPERTY AND SUPPLIER’S PERFORMANCE
DESIGNER will take all reasonable precautions to safeguard the property you entrust to me. In the absence of negligence on my part, however, I am not responsible for loss, destruction or damage or unauthorized use by others of such property. I will use my best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although I may use my best efforts to guard against any loss to you through the failure of my vendors, media, or others to perform in accordance with their commitments, DESIGNER is not responsible for failure on their part.
If you select my own vendors, other than those recommended by me, you may request that I coordinate their work. If at all possible, I will attempt to do so, but I cannot in anyway be held responsible for quality, price, performance or delivery.
LIEN
All materials or property belonging to the CLIENT, as Ill as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP
Once a project has been delivered by us and is fully paid for by CLIENT, DESIGNER will assign the reproduction rights of the design for the use(s) described in the proposal.
According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by DESIGNER, or purchased from a stock agency on my behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design I have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through my vendors, you agree to return to us all my original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.
I reserve the right to photograph and/or distribute or publish for my firms promotional and marketing needs any work I create for you, including mock-ups and comprehensive presentations, as samples for my portfolio, firm news letter, brochures, slide presentations and similar media. I agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, I reserve the right to discard them.
TERM AND TERMINATION
The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, I will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, DESIGNER will transfer to CLIENT all my property and materials in my control and for which you have paid. CLIENT will indemnify and hold DESIGNER harmless for any loss or expense (including attorney’s fees), and agree to defend DESIGNER in any actual suit, claim or action arising in any way from my working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that I prepare and you approve before publication.
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 delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other 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.
ADDITIONAL PROVISIONS
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the UK applicable to agreements entered into and performed in the UK. This agreement is my entire understanding and may not be modified in any respect except in an executed agreement.
If I must retain attorneys to collect my invoices, I will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
