TERMS OF SERVICE
1. Time for payment
All invoices are payable within 7 days of receipt. A 1½% monthly service charge is payable on all overdue payable on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in Payment
The client shall assume responsibility for all collection of legal fees necessitated by default in payment.
3. Estimates
The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.
4. Changes
The Client shall be responsible for making additional payments for changes requested by the Client beyond the original assignment. However, no additional payment shall be made for changes required to conform to the original assignment descriptions. The Client shall offer the Designer the first opportunity to make any changes.
5. Expenses
The Client shall reimburse the Designer for all expenses arising from this assignment, and shall advance $200 to the Designer for payment of said expenses.
6. Cancellation
In the event of cancellation of this assignment, ownership of copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client.
7. Ownership and Return Artwork
The Designer retains ownership of all originals and copies of the artwork, whether preliminary or final, and the Client shall return such artwork, including digital media, and shall permanently delete all digital copies thereof, within 30 days of use unless indicated otherwise below:
8. Credit Lines
The Designer and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with the other types of usage, it must be so indicated here:
9. Releases
The Client shall indemnify the Designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by release.
10. Modifications
Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
11. Alterations
Any electronic alteration of artwork or graphic design comprising the Designer’s work products (colour shifts, mirroring, flopping, combination cut and paste, deletion) is prohibited without the express permission of the Designer. The Designer will be given first opportunity to make any alterations required. Unauthorised alterations shall constitute additional use and will be billed accordingly.
12. Warranty of Originality
The Designer warrants and represents that, to the best of his/her knowledge, the that use has been obtained consistent with the rights granted to the Client herein; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained consistent with the rights granted to the Client herein; that the Designer has full authority to make this agreement; and the final work products prepared by the Designer do not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s work products that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s unauthorised use of the Designer’s work products to the extent such use infringes on the rights of others.
13. Limitation of Liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party. Furthermore, the Designer disclaims all implied warranties, including the warranty of merchantability and fitness for a particular purpose. Client shall be responsible for all compliance with laws or government rules or regulations applicable to Client’s final product (s).
To the extent the final work products include any word, symbols, logos or other content used to designate Client as the source of goods or services (“Trademarks”), Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save, and hold harmless Designer from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks.
The maximum liability of Designer to Client for damages for any and all clauses whatsoever, and Client’s maximum remedy, regardless of the form of action, shall be limited to an amount equal to the total fees paid by Client to Designer hereunder. In no event shall Designer be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Services, even if Designer has been advised of the possibility of such damages.
14. Dispute Resolution
Any disputes in excess of $500 arising out of this Agreement shall be submitted to mediation in accordance with the rules of Arbitrators' and Mediators' Institute of New Zealand. The provided that party initiated or participated in mediation as set forth herein.