TERMS AND CONDITIONS
CLIENT SERVICES AGREEMENT
CLIENT COPYRIGHT LICENSE AGREEMENT (Example)
LOGO STYLE GUIDE
DISCLAIMER
Hipfish Design Studio is in the business of providing marketing, printing, graphic and web services for a fee.
WHEREAS, the Client finds that the Company is willing to perform certain work as described herein & WHEREAS, the Client finds that Hipfish Design Studio is qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of the Client’s business. Client desires to engage Hipfish Design Studio to render, and Hipfish Design Studio desires to render to Client, certain services, as set forth.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:
1 > Client engages Hipfish Design Studio to render, and Hipfish Design Studio agrees to render to Client, certain services in connection with Client ‘s design, branding and marketing of Client ‘s business as follows:
2 > DESCRIPTION OF MATERIALS TO BE SUPPLIED BY CLIENT:
All relevant images (with clear & relevant file names)
All relevant content (text in editable file type ie word / notepad)
Web > Domain & hosting details if not supplied by Hipfish ( password/logins )
Initial version work for design commences after materials are received. All dates shall be delayed by the number of days by which the Materials Supplied by the Client are late.
3 > PRODUCTION / PAYMENT SCHEDULE (INCLUDING MILESTONES, DATES DUE, & FEES DUE)
A deposit in an amount equal to 50% of the total estimated cost is requested prior to execution of the project. Interim payments will be invoiced. Final Invoice to be paid prior to sending to print or delivery of the completed project or prior to a website going ‘live’. Or for more complex / multi jobs, we request 50% deposit plus retainer payments in the amount of AU$1000.00 per month, starting one month after the deposit payment, until the work is complete, when the Final Payment will be due. Rate or billing adjustments shall be credited or charged to Client on the next following regular invoice date or as soon as otherwise practical.
4 > FINAL PAYMENT
Invoices shall be itemised and submitted, and are to be paid by Client within seven ( 7 ) days of the invoice date.
5 > A finance charge of 1.5% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest and then to the principal unpaid balance. Client shall pay any legal fees, court costs, or other costs incurred in collection of delinquent accounts. If payment of invoices is not current, the Company may suspend performing further work.
6 > ADDITIONAL EXPENSES
The Client shall pay Hipfish Design Studio on an hourly basis for services provided hereunder. The rate will be determined by the type of services provided and the person or persons providing such services, but in no event shall the rate exceed AU$150 + GST per hour.
7 > For any special project or other services provided by Hipfish Design Studio pursuant to this Agreement upon which the parties have not agreed as to charges, Client shall pay Hipfish Design Studio at its regular hourly rates, not to exceed AU$150 + GST per hour.
8 > Hipfish Design Studio shall invoice Client for all media costs where possible in advance of Hipfish Design Studio’s payment date to allow for prepayment by the Client so that Client may receive the benefit of any available prepayment or similar discount.
9 > REIMBURSABLE COSTS
The Client shall reimburse the Company all costs incurred in connection with the Services rendered. All costs associated with the project and not outlined in the proposal with be subject to the clients prior approval. Reimbursable costs include, but are not limited to, travel costs, subcontractors, materials, computer costs, telephone, copies, delivery, etc. that are attributable to a project or Service (the “Reimbursable Costs”). Travel costs are defined as air travel, lodging, meals and incidentals, ground transportation, tools, and all costs associated with travel. All extraordinary travel expenses must receive Client’s approval. The Company shall provide to the Client substantiation of Reimbursable Costs incurred.
10 > REJECTION/CANCELLATION OF PROJECT
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the billing for all additional labour and expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Hipfish Design Studio may become a party by reason of this contract.
11 > COMPLETION OF PROJECT
Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Hipfish Design Studio, shall entitle Hipfish Design Studio to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
12 > CHANGES
Client may, with the approval of Hipfish Design Studio, issue written directions within the general scope of any Services to be ordered. Such changes may be for additional work or Hipfish Design Studio may be directed to change the direction of the project, but no change will be allowed unless agreed to by the Hipfish Design Studio in writing.
13 > LIABILITY LIMITATIONS OF THIS PROJECT
The client will agree that Hipfish Design Studio will not be liable for any consequential, punitive, or speculative damages or lost profits in relation to this project.
14 > FORCE MAJEURE
In the event that Hipfish Design Studio are prevented, by an act of God or other unforeseen events, from doing or completing the project, then a reasonable time of extension will be granted by the Client.
No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed or developed.
15 > SUPPLIERS
In the event of any mistakes by any third party suppliers engaged on your behalf, Hipfish Design Studio cannot be held responsible but will endeavour to work with the supplier to have any mistakes rectified as quickly as possible. Hipfish Design Studio cannot be held responsible for any delays this causes.
16 > PRINTING
Hipfish Design Studio can broker your printing for you, and pass on wholesale savings where possible. Any printing quotes are from established and reputable high quality printeries. There are two types of printing available - Regular and High Quality. Only High Quality printing guarantees an absolute colour match. Unless otherwise stated all print quotes are for Regular printing which means there can be slight colour variations to the finished goods.
17 > REPRODUCTION OF WORK
One-time reproduction rights for the specified project, at the agreed fee, are granted to the client. Any other usage must be negotiated. Hipfish Design Studio retains all reproduction rights on the copyrighted work. The work may not be reproduced in any form without consent from Hipfish Design Studio. Hipfish Design Studio retains rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.
Hipfish Design Studio (the small print)
Hipfish Design Studio owns the copyright to any work/materials it produces according to International Copyright Law.
Any ‘material’ commissioned by you may be used by you once it is in its completed form and as long as it remains unchanged from its original completed format. Any materials supplied to you by Hipfish Design Studio, including but not limited to, design, design elements, style, text, software, photos, video, graphics and audio, (collectively “Materials”) are protected by international copyright, trademark and other laws and remain the property of Hipfish Design Studio and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the design, style, text, images, audio and/or video.
You do not acquire any license, ownership or other rights to the Materials supplied to you by Hipfish Design Studio. Modification of the Materials is a violation of Hipfish Design Studio’s copyright, trademark, intellectual property rights and other proprietary rights and may violate other laws.
Any variations to this agreement must be in writing.
ACCEPTANCE OF CONTRACT
A SIGNATURE, PAYMENT OF DEPOSIT INTO OUR ACCOUNT, or A CONFIRMATION EMAIL OF ACCEPTANCE SIGNIFIES AN ACCEPTANCE OF THE TERMS & CONDITIONS HEREIN.