Design by Bird Terms & Conditions
This fee proposal is valid for 30 days from the date of issue.
COMMENCEMENT OF WORK
You, ‘the client’ agrees to provide written approval of this fee proposal and authority to proceed with the scope of works listed, before any work is commenced, as a Letter of Agreement between you and Design by Bird. Receipt of a signed authority that forms a part of this document will be accepted as your authority to proceed.
Unless arranged otherwise, the payment terms for Design by Bird are as follows;
Any graphic design work commissioned requires a 50% deposit prior to the commencement of each stage outlined in the proposal. The remainder owing (plus any sundries incurred) payable prior to delivery of the final project.
Work will commence only once this 50% deposit has been received.
Payment must be received in full prior to any final artwork or high resolution files being released to the client.
50% of estimated total web design costs will be invoiced prior to project start.
The remaining 50% must be paid in full prior to website going live.
Any printing arranged by Design by Bird on behalf of the client, will be invoiced when the print quote is approved. Full payment must be received prior to proceeding with the print production.
Other Third Party Payments (photography etc.)Any work which involves payments being made to third parties (such as photography) will have 50% of estimated total costs invoiced prior to project start.
The remaining 50% must be paid prior to files or images being released to the client by Design by Bird.
Design by Bird retains all copyright for work performed until full project costs have been paid.
LATE PAYMENTS & DEFAULT
Any account which has payment delayed by more than 14 days will have worked ceased and a 5% late payment fee applied. Work will not continue until all outstanding payments have been made. This includes other projects for the same client.
In the event that the project is delayed by 10 business days or more, the studio will invoice for work completed to date. A ‘delay’ is defined by there being no opportunity for the studio to continue work on the project due to the client or stakeholders’ action/inaction/placing project on hold.
EXPANSION TO THE SCOPE OF WORKS
Work falling outside the scope of the Services outlined in this proposal, either orally or in writing, will incur charges additional to the fees outlined in proposal. Work deemed as falling outside the scope includes, but is not limited to:
- Additions to the original list of works
- Alterations to text supplied by the client for use in the works
- Additional drafts required in the provision of services
- Changes to the client’s instructions or the brief
- Changes to any works after the delivery date / sign off
- Additional meetings / consultations
- Conversion, adjustments or manipulation of images
Where additional work is requested, Design by Bird will highlight any additional costs to the client. These costs will be based on our Design Development rate x anticipated time and invoiced as per our standard payment terms outlined above.
The estimated fees included in this proposal exclude incidental costs for disbursements such as, but not limited to black and white printouts, colour laser prints, scans, art materials, couriers, postage, excessive telephone costs (including international calls), travel, domain registration, hosting or file transfer costs. Incidental costs will be kept to a minimum but will be charged in addition to the approved fees at a percentage of the total fees of approximately 5-10%, plus GST.
FEES OF SERVICE
It is agreed that the fee for service shall be the total fee estimate provided on the attached pages of this fee proposal, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the estimate of fees and scope of works of this fee proposal, the client agrees to pay appropriate fees for the excess work.
This is defined as any work involving additions to the list of items specified in the estimate of fees and scope of works of this fee proposal, or changes to all pieces of finished artwork after sign off by an authorised representative of the client.
The client agrees to provide no less than 14 days notice in writing of the intent to terminate the project. Design by Bird reserves the right to invoice all fees incurred for works completed up to the date termination. The client shall not be granted license to use any incomplete works in progress at the time of termination. Should Design by Bird wish to terminate the project, no less than 30 days notice in writing will be provided to the client. Design by Bird will return all materials belonging to the client upon termination by either party.
LIABILITY REGARDING WORK AND MATERIALS PROVIDED
It is agreed that all work and materials provided to the client by Design by Bird will be free and clear of all liens and encumbrances and may be lawfully used by the client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
LIMITS OF LIABILITY FOR ERRORS
Design by Bird agrees to prepare the works listed in the estimate of fees and scope of works to the highest quality and best of our ability and to be as free from errors as possible. Design by Bird agrees to rectify any errors created by Design by Bird in artwork produced, at its own cost. Any liability arising from errors occurring in the works falls to the client once a signed approval of the works has been received by Design by Bird.
It is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this fee proposal and the estimate of fees and scope of works. It is agreed that Design by Bird hereby assign to the client, upon written confirmation of this submission and upon payment of all invoiced fees, all rights, title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined within the estimate of fees and scope of works. This granting of copyright does not extend to the use of design proposals or concepts submitted but not approved by the client for the work outlined in the estimate of fees and scope of works of this fee proposal.
It is agreed that employees or contractors of Design by Bird shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
It is agreed that Design by Bird indemnify and hold the client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the client or its employees, and it is agreed that we shall notify the client in writing of full details of any such claim.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this fee proposal must be submitted in writing by the client and signed by an authorised representative of Design by Bird prior to the commencement of work outlined in this fee proposal.