>Terms and Conditions
Design Conditions of Business
Last updated: 16 October 2006
Graphic Design and Digital/Web Design
Printing and Fabrication
Logo and Brand Development
These conditions of business are designed to nurture a mutually respectful and beneficial business relationship between SOLID Media Solutions and the Client.
General Design and consultation services
SOLID Media Solutions agrees to provide all the services outlined in the estimate/proposal within the criteria specified.
Design and aesthetics can be subjective. This is why the brief is very important. The designer charges the client for work done based on a descriptive brief. Should the client enter into business with SOLID Media Solutions, whether it be for design, manufacturing or development, they do so knowing that they are to pay for the work done. This fee is not subject to approval of the work done but for the time, services and materials involved.
Please note: Any graphic work built for digital display (i.e. web / Power Point or cd rom) may not be suitable for high resolution printed material and may need to be recreated if required. Imagery used in printed material needs to be originally created at a much higher resolution than for digital display. If the client plans to use the graphic elements for printed items (such as a brochure) please inform SOLID Media Solutions in writing prior to production. This will avoid retakes.
If text is to be inserted within the design by SOLID Media Solutions, it is expected that the client provide all finished text, otherwise a writer will need to be additionally hired.
Stages of design include; concept, design, composition, and production of mechanics.
SOLID Media Solutions will keep the client informed of additional services that are required and obtain the clients approval for any services that cause the total fees to exceed those outlined in the estimate.
Logo Development
DRAFTING PROCESS
The drafting process is to create a process which moves forward in a specific direction as determined by the Client. The Client may request significant changes in the 1st and 2nd draft cycles, but by the 3rd draft, the Client's requests shall be modifications of the current composition only.
REFUNDS
If the Client is not satisfied with the first draft provided by SOLID Media Solutions, the Client may choose to:
• Terminate the design project and no costs will be incurred.
•Request for additional concepts to be generated. If upon the second set of concepts the client is still not satisfied, they may also terminate the project, however an administrative fee of $350.00 will be incurred.
•If the client requests additional concepts after the second set of concepts have been created, a charge of $77/hour will be incurred, this is additional to the quoted price of the logo design service.
•Once the Client requests variations on any of the initial concepts (including the first draft concepts), the Client shall forfeit the right to the refund as outlined above.
The Client will be required to pay the full amount of the service, and will not be entitled to a refund:
>lf the Client approves the final logo design.
>If I have begun creating variations on a first draft logo.
>If the company we are making the logo for closes, changes their name, or their activity.
>If I do not hear back from the Client for more than 3 months.
>If the Client obtains a logo design from a 3rd party.
In the event of project termination, all artwork remains the exclusive intellectual property and copyright of SOLID Media Solutions.
INTELLECTUAL PROPERTY
The Client shall own final logo design provided to the Client by SOLID Media Solutions. The Client shall not, however, own any artwork, designs, edits, revisions, media, or other content generated during any drafts leading up to the final logo design. This work product remains the exclusive intellectual property and copyright of SOLID Media Solutions.
TRADEMARKS
The logo design service by SOLID Media Solutions does not include trade mark searches or inquiries in order validate the propriety or legality of the draft and final designs. Accordingly, the Client is encouraged to perform independent searches.
The logo design service also does not include trade mark registration, or application for trade mark registration.
Schedules
The designer will do their best to meet agreed timelines. Schedules will be based around the client’s needs and the designer’s written instruction and agreed by both the client and SOLID Media Solutions prior to work commencing. Occasionally projects become more complex and the timing can be delayed
Should the following occur during the project, the schedules and fees may vary;
>Should the client delay a decision or wait for third parties to provide feedback,
>Should the client introduce new members of an approval team into the project after the project begins,
>Should the client change their mind about any aspect of the project, the timeline may vary,
>Should the client change the brief,
>Should the project become more complex in any way, during the development of the material
In the above cases the original timeline is void and new timelines will need to be agreed upon in writing.
Briefing the designer
All briefs and instructions from the client are to be provided in writing. They will include any mandatory information that will appear within the project such as; colour preference (if any), client contact details, date required, main target audience, project objective, the name of the person making the final approval decision.
To avoid any miscommunication regarding the requirements and specs for the project(s), all briefs must be approved by all members of the client approval team before being passed on to SOLID Media Solutions.
The process of design and development involves several stages. Each stage and each task in a stage needs to be approved in writing prior to commencing the next stage of development. It is the responsibility of the client to provide written approvals once tasks have been completed. It is the responsibility of the client to make known their availability for approvals throughout the project. The client will make time to approve and assist with approvals in the last days of the project. The approvals will be in accordance with the written brief. If there are changes to the brief, it is the client’s responsibility to provide those changes in writing.
If the Client has requirements for how the project is to be prepared electronically, the Client must communicate this to SOLID Media Solutions before the project begins.
Electronic files
If the Client has requirements for how the project is to be prepared electronically, the Client must communicate this to SOLID Media Solutions before the project begins.
SOLID Media Solutions accepts no liability responsibility with regard to the reproduction copyright or ownership, loss or damage associated with image(s) provided to SOLID Media Solutions by the client or client representative.
With regard to digital files; A small release fee of $100 per additional CD Rom archive will apply if the client requires a copy on disk.
Approval of creative
Before making digital files ready for printing or display, it is important that the design is at near creative completion. The client will have an opportunity to make minor edits to a concept layout however text revisions will be charged at $25 (plus 10% GST) per fifteen minutes and added to the final bill.
The client should be clear on which member of their own approval team will make the final decision on any creative work presented. If the client intends to show creative concepts to a selected few, 'post design', involve these people with the written brief 'pre design'.
Approval of text
Text revisions will be charged at $25 (plus 10% GST) per fifteen minutes and added to the final bill.
The client can avoid multiple text revisions and speed up production by providing an already proof read word document. All final proof reading is to be done by the client.
The signature of the client's representative shall be conclusive as to the approval of any artwork, drawings, text and other items prior to their release for their usage or installation.
Photography and Illustration Copyright
If the client wishes to use commissioned pictures created by SOLID Media Solutions for other projects with other designers they can. At that time the small 'Designed by SOLID Media Solutions' credit line will need to be removed from the artwork if it appears at all. In items such as Stationery items, it does not appear.
Where commissioned third party artists or photographers are involved, the client and SOLID Media Solutions are both bound to the third parties conditions. I will keep you informed of any copyright conditions my suppliers use prior to hiring their services.
SOLID Media Solutions will always have the right to publish any artwork created for the client I want for my own self promotion of my design services. For example a still image of graphic on my portfolio web site.
Reimbursable Expenses
SOLID Media Solutions shall use my best efforts to work within stated budgets but shall not be liable if such client approved expenses exceed budgets. Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, text writing, web hosting, URL registration, photography, software development or installation are for planning purposes only. Where possible, no expenses in excess of the estimate or budget will be incurred without the Client's written or initialed approval in advance.
The client will reimburse SOLID Media Solutions for all out-of-pocket expenses incurred by SOLID Media Solutions on this project. Upon the Client's request at the start of the project, records for out -of-pocket expenses will be retained by SOLID Media Solutions and if necessary will be available to the Client upon completion of the project.
A flat handling fee for expenses paid by SOLID Media Solutions on behalf of the client of ten percent will cover transaction costs and administration down time.
Expenses are the responsibility of the client. It is the clients responsibility to decide, based on SOLID Media Solutions professional advice, what to ultimately spend on the project. No pre approved excess in the implementation fees will be paid for out of SOLID Media Solution’s fee.
Payment Schedule
Upon approval of this document, the Client will make all payment installments, as scheduled and outlined in my estimate/proposal. Not upon client approval.
If the Client requires any clarification to any estimate or invoice, they will present their request to SOLID Media Solutions within seven days from receipt of the invoice whether the project is completed or cancelled. Otherwise the estimate/invoice provided by SOLID Media Solutions will be considered correct and agreed to by the Client.
Third Party Contracts
SOLID Media Solutions may contract with other individuals or companies acting on behalf of the Client to provide additional services such as writing, photography, illustration, printing and fabrication. The Client agrees to be bound by any terms or conditions, with respect to reproduction of the materials and timelines that may be imposed on SOLID Media Solutions by these third parties. Should the manufacturing of a project become more complex due to reasons beyond the control of the designer, the designer will not be held responsible for delays in delivery.
Cancellation
Any job may be terminated or placed on hold by the client at any time, if this occurs SOLID Media Solutions will invoice for the total stage in progress at the minimum estimated fee. All materials already ordered shall be invoiced directly to the client by suppliers if cancellation is not possible.
Miscellaneous
SOLID Media Solutions reserves the right to stop dealings with any business or individual that SOLID Media Solutions wishes for any reason SOLID Media Solutions sees fit.
This document represents the conditions of business of SOLID Media Solutions for the purpose of Graphic Design and Digital Design. SOLID Media Solutions reserves the right to make changes to any or all of these conditions without notice. SOLID Media Solutions will keep the latest editions on this web site.
The Client and SOLID Media Solutions represent that they have full power and authority to enter into these conditions of business and that it is binding upon the both Parties and enforceable in accordance with its terms.
These conditions of business will be governed by the law of the state of Victoria in Australia.
Printed samples
The client will provide SOLID Media Solutions with samples of any and each printed or manufactured design. These samples will represent the highest quality of work produced.
Credit
At the designers discretion, SOLID Media Solutions will have the right to include a small published credit line on the completed designs or any visual representation. This same credit will be included in any publication of the design by the Client. e.g.: SOLID Media Solutions or www.solidmedia.net.au