Payment
50% deposit invoice, where applicable, is due before the commencement of work. Balance invoice is due on completion of the project and supply of final artwork. The grant of any license or right of copyright is conditioned on receipt of full payment.
Estimates
Estimates are provided based on the initial Story Questionnaire Form between Client and Designer. Changes to the brief may result in additional fees. Clients will be notified before the continuation of work.
Changes
The Client must assume that all additions, alterations, changes in content, layout, or process changes requested by the Client after signing off on the artwork are subject to additional design fees.
Stock Photography
Client agrees to abide by the licensing terms for all stock images used in their design, as per the terms of conditions laid out by the individual stock image provider. All images are bought on a standard license unless otherwise agreed. The Client will be notified of from which library the images have been sourced. The Client agrees to cover all expenses incurred should they not adhere to the licensing agreement of images used. The most commonly used image library terms are listed below:
Shutterstock License Agreement
Ownership and return of artwork
The Designer retains ownership of all original artwork, whether preliminary or final, until the final balance payment is made, at which point the Client and Designer share copyright.
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.
Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer. Client will pay a cancellation fee for work completed, and expenses already incurred if cancellation is requested after an agreement to begin work has been signed. 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.
Modifications
Modifications of these Terms must be written and authorized by both parties, involving the implementation of new Terms of Engagement as a whole following standard procedure of documentation and approval.
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; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been received (for stock photography see 4). 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.
Acceptance of terms
The action of receipt of this agreement and subsequent commission of work via electronic method will hold both parties in acceptance of these terms.
Default in payment
The Client shall assume responsibility for cost outlays by Designer in all collections of unpaid fees and legal fees necessitated by default in payment. Invoices in default will include but are not limited to charges for collection and legal costs.
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