TERMS & CONDITIONS
Below are GlobalDesign Website’s standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with GlobalDesign. Please also note that from time to time GlobalDesign may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to GlobalDesign constitutes agreement to these terms and conditions.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. GlobalDesign endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.
“The Client” also agrees to allow GlobalDesign to showcase any/all work created in the course of a project as part of GlobalDesign portfolio. GlobalDesign acknowledges the confidential nature of projects and agrees to only display project work once product has been publicly launched/commences.
GlobalDesign shall not be liable for any failure or delay in supply or delivery of services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of GlobalDesign. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions, failure attributable to hosting suppliers, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Fees for service
It is agreed that the fee for service shall be the costing as indicated on our pricing matrix on the pricing page unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified on the pricing page, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project so that appropriate payment can be made prior to commencing with additional work.
This is defined as any work involving additions to the list of items defined on the pricing page on the website, or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and the hourly rates will be applied in accordance with the urgency level of the work required. $40/hr for standard rates, $60/hr for urgent rates and $90/hr for very urgent rates.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out.
Release of work performed on behalf of the client by “GlobalDesign” may not take place before cleared funds have been received.
Any design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client”by “GlobalDesign” 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.
It is agreed that “GlobalDesign” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined.
Under no circumstances shall GlobalDesign be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the services prepared by GlobalDesign including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the services only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Artwork
While GlobalDesign takes all care to avoid errors, GlobalDesign accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by “The Client’s” proof reading.
Returns And Refunds
It is agreed that the GlobalDesign is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. GlobalDesign will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify GlobalDesign of any such errors during any revision cycle and before the final files have been generated.
GlobalDesign retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of GlobalDesign. GlobalDesign may still use paid-for concepts in its promotional materials and in its design portfolio. This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment GlobalDesign retains ownership of all design work completed for “The Client”, GlobalDesign reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Other than for the promotional use of GlobalDesign, all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission.
Copyright will remain property of GlobalDesign till such time an agreement is in place. As part of GlobalDesign terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. GlobalDesign reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting GlobalDesign in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
This proposal assumes goodwill from both GlobalDesign and “The Client” regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Resending Uploading Files
If a client loses or accidentally deletes the files delivered by GlobalDesign at the completion of the project, GlobalDesign can re-upload to Drop Box, for a fee of $100 per request. Providing the request from the “Client” has been made within 1 year from the date of completion.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to GlobalDesign. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by GlobalDesign and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $60 per hour.
If a project is cancelled by GlobalDesign, due to unforseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the GlobalDesign.
It is agreed that employees of “GlobalDesign” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorised representative of “GlobalDesign” prior to the commencement of work outlined in this submission.
Freelance contractors and confidentiality
All contractors employed by “GlobalDesign” are held to a strict confidentiality and nondisclosure agreement. Contractors of “GlobalDesign” are also bound by a strictly enforced non-solicitation agreement for a period of 12 months after the conclusion of their work with “GlobalDesign”. If this was to be breached by the contractor “GlobalDesign” will take swift and reparatory measures to ensure the “The Client” is made aware that the contractor in question is no longer a representative of “GlobalDesign” and acting independently.
Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“GlobalDesign” aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “GlobalDesign” guidelines of professional behaviour and ethics.
GlobalDesign take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however GlobalDesign cannot be held responsible for variations between expectation and outcome. read more…