Terms and Conditions of Trade
We do not wish to create misunderstandings with our clients as to cost, quality and ownership. And so we have developed the following terms and conditions to avoid such problems arising. We are certainly happy to consider modified terms and conditions of trade for the provision of services on request, however for the avoidance of doubt the following terms and conditions will apply to all work placed with us unless otherwise agreed in writing:
Appointment
Everything Design is a trading name of VJ Varcoe. When you commission work from Everything Design you are contracting with VJ Varcoe.
In consideration of the fees we charge, we agree to provide all the services outlined in our estimate/proposal within the criteria specified. If you change any of the criteria during the project that requires additional services, you may incur a revision fee. Unless stated otherwise in writing by us, our fees include provision for one round of client-requested amendments.
If you request any work from us that is not subject to an estimate or proposal, that requested work will be charged out at our then current hourly rates and margins and will also be subject to these terms and conditions.
Additional Services
Additional services will include changes in the extent of work, changes in schedule, changes in the complexity of any elements of the project, and any changes made after your approval has been given for a specific stage of the project to commence, including concept, design, composition, and production of final artwork.
Schedules/Overtime/Rush Work
We reserve the right to adjust the schedule and/or charge additionally in the event you do not meet agreed-upon deadlines for delivery of information, materials, approvals, or payments, and for changes and additions to the services outlined in an estimate/proposal.
Client Approval
You will proofread and check all final designs and type before approval to go into production/publication. Your approval of all tangible materials and artwork will be assumed after the work has been submitted to you for review, unless you indicate otherwise in writing. Final approvals are necessarily your responsibility as client, not ours. We are not responsible for any errors that were evident in work at the time it was accepted by you as final or approved by you as fit for publication or production.
Rights/Ownership
All tangible materials (other than those you have supplied us with) in all circumstances remain our property. All rights and ownership apply to preliminary concepts, works in progress, artwork files, computer code, and finished material, whether the project is completed or cancelled.
Upon payment of all fees and expenses, we will grant all reproduction and/or usage rights, as outlined in the attached estimate/proposal, for all approved final materials created by us for this project. For the avoidance of doubt, concepts that you do not commission through to final production by us remain the exclusive property of Everything Design/VJ Varcoe.
If you wish to make any additional use of the materials, you agree to seek permission from us and make such payments as are approved by the parties at that time. Where alterations, reprints or redesigns are necessary, we will be given the opportunity to make such changes at an agreed additional charge (that reflects our then current hourly rates).
Electronic Files
If you have requirements for how the project is to be prepared electronically, you must communicate this to us before the project begins.
Unless we agree otherwise in writing, all electronic files and software documents related to your project are the property of Everything Design/VJ Varcoe and must not be copied, altered, or modified without our permission. We will willingly provide copies of print-ready pdf files for archival purposes. We do not normally release native design files, however this restriction does not apply to artwork commissioned for new company logos or letterhead (you will always be given final artwork files for those core brand elements on request, subject only to our invoices having been paid in full).
Reimbursable Expenses
Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, typesetting, printing, fabrication, or installation, are for planning purposes only. We will use our best efforts to work within stated budgets but will not be liable if any reasonable expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without your approval in advance.
You will reimburse us for all out-of-pocket expenses reasonably incurred by us on your project(s) at cost plus any surcharge indicated in the estimate/proposal for account handling and supervision. Upon the request at the start of the project, records for out-of-pocket expenses will be retained by Everything Design/VJ Varcoe and will be made available to you on request at the completion of the project.
Credit
We retain the right to include a published credit line on the completed designs or any visual representation. Where possible, you will also include the same credit in any publication of the design. Unless otherwise agreed in writing, we will be able to use generalised summaries and images of the work developed or produced for you in our own marketing communications.
Samples
You will provide us with samples of each printed or manufactured design for our sample library.
These samples will represent the highest quality of work produced.
Payment Schedule
You will make all payment installments as scheduled and outlined in our estimate/proposal. You also understand and accept that late payments may (at our sole discretion) incur penalty interest charges at a rate of 5% per month and that you shall be liable for any legal or other collection costs incurred by us in relation to the recovery of late payments.
Third-Party Contracts
We may contract with other individuals or companies acting on your behalf to provide additional services such as writing, photography, illustration, printing, and fabrication. You agree to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on us by these third parties.
Concept development and visualisation
The terms “concept development” and “visualisation” mean the creation of an indicative layout(s) only and do not mean design development or final design. The price estimated for visualisation and concept development includes provision for one round of client-requested refinement. Unless otherwise agreed in writing any additional work will be charged at our then current rates.
Cancellation
In the event of cancellation of any project you have placed with us, a cancellation fee will be paid by you and will include full payment for all work completed, expenses incurred, and hours expended. The cancellation fee will be based on the prices outlined in the estimate/proposal.
Any initial payments that have been received by us from you in advance will be credited against any amounts due. For the avoidance of doubt, commissioning fees are non-refundable in the event of a project cancellation.
Miscellaneous
While we always endeavour to produce original designs, the world has become a very small place. We cannot guarantee our designs will not infringe another person’s property rights somewhere in the world and we accept no liability for any such infringement should it eventuate.
It is your responsibility to confirm to your own satisfaction that your use of our work will not cause an infringement. We strongly recommend that you seek the advice of an IP lawyer or patent attorney before giving approval to put concepts into production should you be in any doubt.
These terms and conditions and the relevant estimate/proposal represents the entire agreement between you and Everything Design/VJ Varcoe and may be changed or modified only in writing and with the approval of both parties.
In commissioning work from us you represent that you have full power and authority to enter into this agreement and that it is binding upon you and the company or entity that you represent.
This agreement shall be deemed to have been entered into in New Zealand and shall be governed by the Laws of New Zealand.