Most design projects run without any issues and everyone is happy. Sometimes however things do come up and it’s important that we both know where we stand and how to deal with it professionally. These terms and conditions are designed to make sure that both of us are protected from any unexpected circumstances. It also lays out the basic procedure for how the project will run, and what we both agree to. Legal bits can be very complicated and confusing so I will keep keep it as simple as possible but it still stands as a legal document.

By agreeing to a quote, I will assume you have read and accepted these terms and conditions fully and are happy to enter into this contract.

What both parties agree to during the project?

You agree that:

The authority to enter into this contract on behalf of yourself, your company or your organisation is held by you. You agree to provide all assets I request which will enable me to complete the project including text, images and other information as and when I need it, and in whatever format that request it in. You’ll review drafts I show you and provide feedback and approval in a timely manner. To meet deadlines we both need to ensure we work to the agreed scheduled. This includes not being late on requested dates to provide feedback. A fixed schedule may not be put in place at the beginning of a project, so responding when requested is vital to ensuring the agreed project deadline is met. You also agree to stick to the payment schedule set out at the end of this contract.

I agree that:

I have the knowledge and experience to perform the services we have agreed and will execute them in a timely and professional manner. Throughout the project I will make every effort to meet all project deadlines but I cannot be held responsible for a missed completion date or deadline if you have not met your required deadlines. This includes being late in supplying assets or not responding with comments in time during the project. All project details will remain confidential as well as any other information you give me.

Project deadlines and delivery dates

Project deadlines will be agreed at the beginning of any project. There may not be a hard deadline for the job but we will agree a completion date to ensure you receive a completed piece of work in a sensible time frame. My objective is always to deliver a project on time however response times from you and the extent of revisions required are a big factor in keeping a project on time. For these reasons, Any completion date given isn’t a guarantee.

Design process

I will work closely with you to ensure that the finished product is fit for purpose. As all projects are different there may be variable rounds of amends depending on the type of work being carried out. The judgement lies with me as to whether an excessive amount of revisions are being requested. If I feel the appropriate number of revisions has been exceeded in a project, I will inform you of this fact and that extra charges will incur. These charges will be on an hourly basis and added onto the final bill for the project.

If you are not happy with how the project is panning out, you have the right to cancel this contract. You must pay me in full for all work I have produced until that date.

Though every effort will be made to keep work within quoted price, final price may differ from what’s originally quoted. This is due to a variety of factors. Mainly, if additional work is requested during the project which is outside of what the original quote stated. I am happy to discuss any queries with final prices.

Text

I hold no responsibility for creation or copywriting of any text unless agreed at the beginning of a project and specified in the original quote. I can get copy professionally written for you but this will be provided by a third party professional copywriter and all costs will be shown in the original quote document. The relationship with the third party will be dealt with solely by myself and any amendments to the copy will go through me. If extra copywriting charges occur, you will be informed of these and they will be added to the final invoice.

Images

If I require you to supply any assets they need to be supplied in the format I request. These will include graphics in editable vector format and photos in high resolution. I can’t be held responsible if images appear low resolution in the final product if they were supplied in this condition. I will supply agreed stock imagery on a project by project basis. The cost of these will be included on final invoice. I am more than happy to help with any guidance regarding images.

Amends throughout the project

All rounds of amends will need to be documented in writing. If amends are given over the phone, then it’s down to you to confirm all have been made and to approve them in writing.

As all projects are different there may be variable rounds of amends depending on the type of work being carried out. The original quote will be based on the length of time I feel I will need to complete the work, as per your original brief, and will be based on my hourly rate. This will include amends from you at each stage of the project. The judgement lies with me as to whether an excessive amount of revisions are being requested. If I feel the appropriate number of revisions has been exceeded in a project, I will inform you of this fact and that extra charges will incur. These charges will be on an hourly basis, can be quoted separately or added onto the final bill for the project, whichever is better for you. I am more than happy to make changes to ensure the final product is what you are expecting, but additional charges will incur if, for example, a final agreed design has been produced but you decide to make excessive amends to it.

It is your responsibility to be clear in any feedback given. It is extremely useful to me if you can provide examples of existing work you like so I can be clear of what you are imagining.

Any mistakes made by me when inputting text or if I make mistakes in formatting, I will correct these free of charge. However, I cannot be held responsible for any mistakes carried over from supplied text. I will do my best to make any spelling changes or minor proof amends if they are obvious during the lay out, after checking with you, but once you approve a final design you have taken full responsibility that the project has been checked and completed correctly.

Payment will be expected before final work is released to you, unless arrangements have been made previously. Any changes made after this final sign off and on receipt of payment are not my responsibility and it’s my discretion as to whether a new quote will be created which will constitute a new project agreement.

NOTE: Once you sign off a design, it’s considered final.

Final means you have taken the responsibility to ensure everything is correct. I’m happy to make changes after this point, but all changes will be quoted and billed separately.

Be sure to proof read carefully before approving the final design. I can provide a proof reading service if requested, but this will be via a third party and there will be additional costs. Any communication with the third party will go through and be handled by me.

If you’re not happy and want to cancel…

If something happens and you are not satisfied with my service or how the project is going, you are within your rights to cancel the project. You will be invoiced for any work I have completed already and I will provide you with the work produced up to the point of cancellation.

In the rare situation where a life altering event causes me to cancel a project, I will provide you with whatever stage the work is at at that point and will void all payments expected.

Some more legal bits…

Though every attempt will be made I cannot guarantee my work will be error-free. In this case I can’t be held liable to you or any third-party for including loss of profits, lost savings or other incidental, consequential or special damages, even if you have 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 ownership

If you provide any elements for a project, you are saying that you either own them or you have been granted permission to use them.

When a project has been finalised and delivered upon receipt of payment, the copyright will stand as listed below:

The visual elements I have created copyright will be transferred to you. You will be provided finished files in the format you require. I will hold source files for 12 months. After 12 months I cannot guarantee the availability of these files. Ownership of all text, images and data you provided remain yours, unless someone else owns them.

I will own the unique combination of these elements that constitutes a complete design and I will license that you, exclusively and in perpetuity for this project only, unless agreed otherwise. This simply means you are not allowed to resell my work to another company, but otherwise you won’t need to worry about anything.

Source files remain the property of Hi Top Design. Suitable file formats will be provided throughout the duration of the project, but original source files (original InDesign, Photoshop, Illustrator etc.) will not be released by Hi Top Design.

By employing my services you agree to allow me to use any artwork created in my portfolio, or to use in any advertising to promote my self and my business. If you don’t want your work used in this way, just let me know.

Personalised invites

If copyrighted material is requested on a personalised invite (this includes logos, images, names etc.) I am not liable for the use of this material. Responsibility for the material requested and used is solely the responsibility of the client. I can not be held responsible for using this copyrighted material.

Rights of Refusal

I will not include in any designs I create, text, images or other data anything which I deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. I also reserve the right to refuse to include submitted material without giving reason.

Payments

Being a small business payments I hope you can understand that paying invoices on time is very important. Therefore you agree to abide by the following:

100% of invoice amount is payable before final, unwatermarked work will be released, unless previously agreed. Invoice must be paid within 14 days of issue date. After 14 days, an interest amount of 10% a day will be charged, starting from day 15 of original invoice date.

My minimum charge for job is one hour at my hourly rate. This would be things like CV updates, small stationary jobs/amends etc.

The small print

This contract cannot be transferred 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.

Updated February 2022