STANDARD GRAPHIC DESIGN
TERMS & CONDITIONS OF ENGAGEMENT
INSTRUCTIONS MUST BE IN WRITING The Client must ensure that all their instructions and expectations (or variations of such) regarding the Brief are agreed in writing.
In the absence of a specific contract for your Design or Print project, this contract will apply.
FOLKyeah! will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationships with our clients. It is, however, important to agree to certain contractual aspects in order to protect both parties. By undertaking a design project with FOLKyeah!, you are agreeing to the following terms and conditions.
1. RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
2. PROJECT PROCESS FOLKyeah! cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence.
The project will be run according to FOLKyeah!’s Project Process. If FOLKyeah! has produced a proposal document for the project then FOLKyeah! will commence work at once, provided you supply us with:
Final data, information, logos, designs, graphic and related materials to be incorporated into the Design ready for publication, prior to the design call. Any further material supplied at a later date may incur an additional charge.
Should you decide to make design changes once the concept has been signed off, FOLKyeah! may quote for an additional charge.
During the Design Process FOLKyeah! may at intervals place versions of the client’s Design on one of FOLKyeah!’s demonstration servers so that the client may view and comment upon the design progress, and approve design concepts and prototypes. When both FOLKyeah! and the client agree that the Design meets the criteria agreed during the projecting process, FOLKyeah! will invoice the client for the remainder of the amount due for the project. At FOLKyeah!’s discretion, FOLKyeah! may choose to delay releasing or printing some clients project until full payment for the design project has been received.
3. COPYRIGHT All material, both text and images, supplied by the client and used in the construction of the client’s design project, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by FOLKyeah!, such as graphics and text will remain the property of FOLKyeah! until such time as FOLKyeah! receives full payment, whereupon they will become the property of the client.
4. GST All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
5. TERMS OF PAYMENT FOLKyeah! require a 30% deposit prior to project start, the remainder is to be paid upon receiving the final invoice and payment is due the 20th of the following month. If you are responsible for withholding information for completion, the project is then deemed payable in full. All prices exclude GST (15%).
In the case of non-payment of invoices, you are liable for all collection costs, including any actual solicitor’s fees or debt collection agency fees until the debt is paid in full.
Please note: if the final invoice isn’t paid within 30 days, a 5% “delayed payment” fee is charged. 5% figure is then added upon each recurring 30 day period until the full amount is received.
6. VALIDITY OF THE AGREEMENT Either party may terminate the agreement on 7 working days’ written notice to the other party.
FOLKyeah! reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
If at any point during the Design process a client wishes to cancel, they may do so but will be invoiced an amount that FOLKyeah! judges to be proportional to the amount of work completed on the project.
If the total amount of work completed equals less than the 30% deposit paid by the client, FOLKyeah! will refund the portion of payment not used. If the total amount of work completed is more than the first 30% invoiced, FOLKyeah! has the right to invoice the extra hours completed.
7. LIABILITIES FOLKyeah! stands by their products. If a “error” is found within a design, after completion and final payment is made, it is up to you to inform FOLKyeah! within 30 days of project sign-off and it will be fixed at no additional cost. Should a “error” be found after 30 days from project sign-off, any support provided by FOLKyeah! will be charged at normal support rates.
FOLKyeah! will not accept liability for any loss or damage however caused which may be suffered or incurred or which may arise directly or indirectly with a provided service.
8. APPLICABLE LAW The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.