Terms & Conditions
The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it's important that we both have an understanding of how best to deal with it. This contract is designed to ensure that we're both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what's expected of us both. In the interests of saving a lot of headaches, this document contains the strict minimum of legal jargon required to still be legally enforceable.
So in short;
You, the client are hiring me, to carry out work as detailed in my proposal at a price also set out in my proposal.
What are we both agreeing to?
You: You have the authority to accept my proposal and enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by any dates we set together. You also agree to stick to the payment schedule set out in my proposal.
Me: I confirm I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give me.
Getting down to the nitty gritty
Project Delivery Dates
If there is a hard deadline for your project, you must communicate it clearly up front before payment is made. It is always my intention to complete your project on time. Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee.
This contract allows for a set number of revisions as stated in the estimate. If, at any stage, you’re not happy with the direction the work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
I'm not responsible for writing or editing any text copy unless specified in the original estimate. If you’d like me to write new content or edit text for you, I can provide a separate estimate for that.
Photographs, Illustrations and Logos
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.
Changes and revisions
I don’t want to limit your ability to change your mind. If you want to change your mind or add anything new, that won’t be a problem. Should such changes require any additional fees you will be informed in writing prior to doing the work.
I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Copyright of Material Supplied by You
You guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide to me are either owned by you, or that you have obtained permission to use them. If you have provided links from which you wish me to download images or information you have obtained permission from the owners to use this data.
Copyright of Work Supplied by Me
I’ll own the unique combination of these elements that constitutes a complete design and I’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. This basically just means that you can't take the design I made for you and sell it to Nike, but otherwise won't impact you.
I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, and in books.
50% deposit paid up front. Work will only commence once this is received in full.
50% remainder is payable on completion and not more than 14 days after receipt of finished product and invoice.
If payment is late, statutory interest of 8% plus the Bank of England base rate will be charged, starting from 14th day after the invoice date.
The small print
You can’t transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document.