Commencement of work
The Client agrees to provide a written brief before any quotation or conceptual work is commenced. This brief may be in the form of a formal letter, email or in urgent occasions, by telephone (providing that oral brief is immediately confirmed in writing either by letter or as an email.) Briefs should contain objectives, target audience information, approval, finished art and delivery deadlines, and an indication of budgetary requirements.
The Client must inform Designgrant immediately if they are inviting other design providers to quote on the same project.
Designgrant has a ‘no-free-pitch/no spec' policy. We do not do speculative work. Any conceptual work provided by Designgrant will be fully billed to the Client.
Approval of work
All quotes, design and production stages must be signed off and approved by client before work on the next stage is commenced. Artwork must be viewed and signed off by client prior to printing.
Payment
The Client agrees to pay the invoiced amount within 14 days of receipt of an invoice. Work will be invoiced in stages, as listed in the quotation. If the work time exceeds
4 calendar weeks in duration, the Client agrees to payment by monthly invoices based on the work done to date, or as per a predetermined staged invoice schedule.
Design samples
The client agrees to supply for free, in addition to fees for service, any number up to 5 of printed samples of every item produced for The Client by Designgrant during the course of the project.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified on the brief, the Client agrees to pay appropriate hourly fees for the excess work, either as per the variables schedule listed in quotation, or at the hourly rate of $150/hour plus GST.
Excess work
This is defined as any work involving additions to the quoted items or changes to finished artwork after sign-off by an authorised representative of the Client. Costings for such work is listed in the Variables section of the quotation.
Liability regarding work and materials provided
It is agreed that all work and materials provided for the Client by Designgrant 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.
Copyright
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. It is agreed that Designgrant hereby assign to the Client, upon receipt of full payment for work, 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.
The Client grants Designgrant a non-exclusive licence to use any Intellectual Property owned by the Client that the Client provides to Designgrant, for the sole purpose of Designgrant performing the work agreed to by the Client and Designgrant.This licence terminates when Designgrant completes the work agreed to by the Client and Designgrant. This agreement does not transfer any ownership in the Client’s Intellectual Property to Designgrant.
For the purposes of these terms and conditions, Intellectual Property means all rights conferred under statute, common law, or equity in and in relation to trade marks,
business names, trade names, logos and get-up, copyright, creations or inventions (including patent rights), plant varieties, circuit layouts, know-how, trade secrets, rights
in circuit layouts, rights in confidential information, designs and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields (whether registered or not).’
August 2011