Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by Design Niche. All work is carried out by Design Niche is on the understanding that the client has agreed to Design Niche’s terms and conditions as follows.

Commencement of work

The Client agrees to provide written approval of the submission before any work is commenced via post or email, as a Letter of Agreement between the Client and Design Niche concerning the work outlined in the submission.

Payment

The Client agrees to pay the invoiced amount within 14 days of receipt of an invoice, or as otherwise arranged with Design Niche. If the work time exceeds 2 calendar weeks in duration, the Client agrees to payment by calendar fortnightly invoices based on the work done to date.

Payment is accepted via Direct Deposit Bank Transfer. Details will be provided with invoice.

Design samples

The Client agrees to supply for free, in addition to fees for service, any number up to 15 of printed samples of every item produced for the Client by Design Niche during the course of this project (quantity to be specified by Design Niche).

GST

GST is not included in costs outlined in submission, unless otherwise noted.

Costs

The initial consultancy fee for the brand logo design is payable from acceptance of the submission and will be invoiced immediately.

None of the cost estimates in this proposal cover any photography, illustration or print production (film, plates and printing) costs of this project. The procurement of quotes for these costs is included in our fees but we recommend all responsibility for invoices be accepted direct by you as we charge 10% commission on gross costs of any external work we are asked to pay for.

Fees for service

It is agreed that the fee for service shall be the cost estimates provided in the submission, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the submission, the Client agrees to pay appropriate fees for the excess work.

Excess work

This is defined as any work involving additions to the list of items outlined in the submission or changes to all pieces of finished artwork after sign off by an authorised representative of the Client.

Liability regarding work and materials provided

It is agreed that all work and materials provided for the Client by Design Niche 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.

Copyright

It is agreed that the Client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the submission. It is agreed that Design Niche hereby assign to the Client, upon written confirmation of the submission, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined in the submission. This granting of copyright does not extend to the use of design proposals submitted but not approved by the Client for the work outlined.

Confidentiality

It is agreed that employees of Design Niche 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.

Litigation

It is agreed that Design Niche 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, except any such claims which are caused by the negligence of the Client or their employees, and it is agreed that we shall notify the Client in writing of full details of any such claim.

Amendments to these terms and conditions

These terms and conditions are subject to change. All and any amendments to the terms and conditions outlined above must be agreed upon by the Client and Design Niche prior to commencement of work, and must be provided in writing and signed by an authorised representative of Design Niche prior to the commencement of work outlined in the submission.

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