Terms and conditions – Print design

1. Printing material

This agreement stipulates the completion of graphic design work for printing material performed on behalf of the client.

2. Copyrights and trademarks

The Client represents to the Designer and unconditionally guarantees that any and all elements used, including but not limited to, text, graphics, photos, designs, trademarks or other artwork provided to the Designer for inclusion and to be used in the finalised material are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Designer and its subcontractors from any claim or suit arising from the use of such elements provided by the Client.

3. Limited liability

The Client agrees that any material submitted will not contain anything leading to an abusive or unethical use. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, violations of privacy, harassment, any illegal activity, advocacy of an illegal activity, and any infringement of privacy.

The Client hereby agrees to indemnify and hold harmless the Designer from any claim resulting from the Client’s publication of material or use of such materials.

It is also understood that the Designer will not create nor publish information which may be used by another party to harm another.

4. Liability and responsibility for the approval process

The Client agrees that any changes to the material submitted is subject to new approval of the complete material for each such change. This includes, but is not limited to, any changes that may take effect to the material after ‘final approval’ has been arranged and the material has been submitted for print and/or any other party.

The Client hereby agrees to indemnify and hold harmless the Designer, it’s subcontractors, its agents, its clients, servants, officers and employees, from any claims  financial or other, resulting from the Client’s failure to approve the material in full for each such change to the material.

5. Indemnification

The Client agrees that it shall defend, indemnify, save and hold the Designer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Designer’s development of the Client’s material. This includes liabilities asserted against the Designer, it’s subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.

The Client also agrees to defend, indemnify and hold harmless the Designer against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed with the Client’s material. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.

The Client also understands that the Designer cannot provide legal advice.

6. Ownership to materials and graphics

Copyright to the  finished artwork shall be vested with the Client upon  final payment for the project.

All materials developed under these terms and conditions and intended for publication remain the property of the Designer until such time as  final payment for the work described herein has been tendered by the Client.

The source files (.indd, .ai etc) remains the property of the designer unless other is agreed.

7. Design credit

Client agrees that the Designer may put a byline on the back of the brochure establishing design credit. The Client agrees that the Designer may include the material in the Designer’s portfolio after the material has been published and is available to the public. If the Client does not allow for any of the produced material to be included in the Designer’s portfolio the Client shall notify the Designer in writing before the  final material is provided to the Client.

8. Nondisclosure

The Designer and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Designer and subcontractors to another party.

9. Payment terms

A 50% deposit is required prior to execution of the project. Balance payable prior to release of final artwork unless other payment terms have been agreed.
Finance charge of AUD 25 per week applies on all overdue balances.

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 nonconformance with the design plan, the designer must be promptly notifed, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or 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. The Client shall bear all costs, expenses and reasonable attorney fees in any action brought to recover payment under these terms and conditions or in which the Designer may become a party by reason of these terms and conditions.

11. Entire understanding

These terms and conditions constitutes the sole agreement between the Designer and the Client. On completion of this project, the Designer is hereby handing over any right he/she has over any content or materials used for the production of this project.

These terms and conditions applies to the project as discussed and outlined in accordance to an estimate given to the Client. Any estimate provided is based on normal business hours, Monday – Friday, and does not include work on Public Holidays. Any work requested to be performed outside these hours attracts a surcharge of 100% of the hourly fee.

A surcharge of 100% applies to urgent requests with a turnaround of less than 48 hours, acceptance of such requests are at the Designer’s own discretion.

Both parties warrant that they have read and understand the terms set forth in this agreement.
This agreement shall be governed and construed in accordance with the laws of New South Wales, Australia