I will always do our best to fulfil your needs and meet your expectations. But it’s important to have things written down so both you and us know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. There is no desire to trick you into signing something that you might later regret. I want what’s best for both parties, now and in the future.
In short, you are hiring us to design for the estimated total price outlined in the quotation that’s attached, and these terms explain how the project will proceed.
All work is carried out by Astrid Creative on the understanding that the client has agreed to our terms and conditions.Copyright is retained by Astrid Creative on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Astrid Creative, unless specifically agreed in writing. *rates of work can be changed at any time however a 28-day notice will be given to the client.*Deposit should be paid within 5 working days from initial invoice issue date. Deposits are non-refundable, transferable and cannot be exchanged for a credit note. Please ensure you read full terms and conditions upon invoice issue.
DESIGN CHARGES & INVOICES
Full Payment is due before any design work can begin and should be paid within within Seven (7) business days of receipt. All my invoices are paid upfront. I don’t do any work for anyone unless the invoice has paid their invoice in full. This ensures I don’t have any time wasters. Packages are also paid in full. Payments above £150 will require a 50% deposit. Please pay for any bank charges, administrative fees and other costs payable in connection with remitting any payments. from initial invoice issue date. Deposits are non-refundable, transferable and cannot be exchanged for a credit note. Please ensure you read full terms and conditions upon invoice issue. Astrid Creative hourly rate is £30 and reserves the right to alter the hourly rate at any time as business needs dictate. Unless otherwise stated, photography, stock images, delivery and copywriting will be charged extra. Any advance payments need to be completed within 3 months of invoice date.
Any indication given by Astrid Creative of a design project’s duration is to be considered by the customer to be an estimation. Astrid Creative 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 are received by Astrid Creative for the initial payment or by date confirmed in writing by Astrid Creative. During projects clients must be responsive to ideas/ emails and information within a reasonable timescale. Projects that run over a 4 week period(unless advised otherwise by Astrid Creative the project will run longer due to clients lack of communication, work will be canceled and full payment will still be required and project will be canceled. If work is approved by you, any changes after this will be additional charge. If client inst cooperative, and no communication is received within a week, the project will be canceled and remaining payment will be due.
AMENDMENTS TO WORK
I provide three (3) rounds of amendments for logos and 2 rounds for smaller scale projects to your work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned. Any costs for amendments will be communicated with you. Any other kinds of amendments are considered a change in the project scope.. The customer also agrees that Astrid Creative holds no responsibility for any amendments made by any third party, before or after a design is published.Amendments: Anything under 1/2 an hour will be £10, 1 hour £20 and Anything after that is hourly rate of £30.
Printing costs will need to be paid upfront in full and before the final design is sent to print. All concepts/images included in this email remain copyright of Astrid Creative. Please ensure when checking artwork before approving for print that all spelling, grammar, telephone numbers, addresses etc are all correct. Under no circumstances will Astrid Creative refund or reprint due to typos or grammatical errors once approved by the client.
You can cancel this contract at any time, by informing us in writing at least one (1) month in advance.
Likewise, we can cancel this contract any time, by informing you in writing at least one (1) month in advance.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Astrid Creative will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Astrid Creative within (1) month of such instruction being issued, will be liable for the full quoted cost of the project Cancellation does not affect any benefit or right that you or us become entitled to beforehand. So regardless of cancellation, you will pay us for any outstanding invoices and for work already done but not yet invoiced.
For all monthly clients, the above terms and conditions all apply however all work must becompleted in that month and will not be carried over. This is the clients responsibility tosend required information so the work can be completed on time. Returning clients-will be required to pay payment in full up-front
Payments should be made 5 working days within the invoice being sent. Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interestcharge at the Bank of England Base Rate plus 8% on the outstanding amount from the datedue until the date of payment.Payments may be made by on-line transfer, credit card (Visa, Master-card) or Debit Card. For all monthly clients, the above terms and conditions all apply however all work must becompleted in that month and will not be carried over. This is the clients responsibility to send required information so the work can be completed on time. Returning clients-will be required to pay payment in full up-font. We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.
For graphic design projects, we will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and after you’ve paid all our outstanding invoices. The files will be delivered in Adobe Illustrator, PNG, JPG, and EPS formats.
For website development projects, all files that are required for the website to function properly will be uploaded to your server within seven (7) business days after you approve them, and after you’ve paid all our outstanding invoices.
WHAT YOU CAN DO WITH THE DESIGNS AFTER PAYMENT OF THE FINAL PROJECT INVOICE
If we designed a trademark (in logo and/or tagline form) as part of your project, then, as far as the trademark is concerned:
You’ll be entirely responsible for making sure our designs and taglines are free for you to use and register as a trademark, and that they don’t infringe anyone else’s rights - we cannot and do not accept any liability for these matters. We’ll sign any documents that are reasonably needed to confirm or evidence that you own the designs, provided you bear any legal and other fees that are incurred by either you or us in the process.
For all other deliverables created by us:
Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we grant you a royalty-free licence to use the deliverables for the uses stated in the quotation, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes).
If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply, and we might have to obtain additional licences from third party vendors - contact us and we’ll be happy to work out some terms with you. Otherwise we will have to look to you to cover us for any damage, legal fees and consequences if you put the deliverables to additional uses without our prior authorisation.
We remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future.
CHANGES TO THE PROJECT SCOPE
We recognise that you may have new ideas which you may want to include later on, and we’ll be able to accommodate you. Inform us of the changes or additions, and if they are not already provided for in the existing quotation given, we will provide a separate quotation to cover them.
We understand that there may be urgent changes to the project scope that need to be carried out right away. You can request and approve an oral quote in order for us to start work on urgently needed changes, and we will follow up with an invoice later on.
We may purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third party vendors.
The quotation attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. Rush work means work that you request us to complete within one (1) week of your request.
Our rush service fees are charged at a premium basis of 150% (one hundred and fifty per cent) of the amount stated in the attached quotation (or, if not previously quoted, of my standard charge) for the type of work requested .
DELAYS TO THE PROJECT SCHEDULE
We understand that sometimes it’s impossible to reply to emails and messages immediately, and so we don’t expect you (or us) to be able to do so. At the same time, we’ve found that keeping the momentum going produces the best results for both us and our clients.
To encourage everyone involved to do this, a delay fee of the Bank of England Base Rate plus 8% on the outstanding amount from the datedue until the date of payment.) of the attached quotation amount will kick in for every seven (7) consecutive days that either you or us goes unresponsive - not providing information, instructions, materials or anything else necessary for the project to proceed.
The maximum amount that either you or us can claim under this clause is a sum that is equal to the quotation amount.
SOFTWARE, FONTS AND RAW FILES
Software and fonts used for the project remain our property and will not be released to you. Likewise, project raw files will not be supplied.
If you require the raw files for the project, we can provide a separate estimate for that, which includes the release of copyright to you.
MATERIALS PROVIDED BY YOU
Where you provide us materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant us a royalty-free licence to use them for the project and to retain copies in our business records.
We will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify us and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to your materials being infringing, unlawful or illegal in any country.
We’re sure you understand how important it is as a small business that we get paid promptly for our invoices. We rarely have any late payment issues with our clients, but we need to protect ourselves too.
So in the unlikely event that any of our invoices is not paid on time, we may charge a late fee, as stated on the invoice, or, if no terms are stated, amounting to five per cent (5%) of the amount owing for every seven (7) days (or part thereof) that it remains unpaid.
We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover our fees and any lawyer’s charges for doing so.
OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE
All originally created deliverables, including trademark logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them.
ERRORS AND OMISSIONS
We will use our best efforts to prevent errors and omissions from occurring . If such errors or omissions occur, please notify us, and we will correct them for free, and that will be the limit of our responsibility and liability.
“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.
In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organisation or entity (unless absolutely necessary).
However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.
LIMITS ON LIABILITY
While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.
We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.
We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
Specifically, we will not be responsible or liable to you for damages or loss caused by:
- your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
- anything done by us on your instructions, or using material you provided to us;
- any breach of these terms and conditions by you;
- any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
NO TRANSFER OF THIS CONTRACT
You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.
We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest.
OTHER LEGAL STUFF
We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply.
Astrid Creative may amend these terms and conditions at any time without prior notice.
If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected.
A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit.
By signing this contract or by expressing your confirmation in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, which is effective from the most recent date that appears in the signing page or email.