These terms have been designed to protect both the client and the designer.
Forty3 Media is a Limited company - Company Number: 13864572
1.0 Rights and ownership
1.1 Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.
1.2 Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.
1.3 Source Files: the client is not entitled to the original source files used to create the final artwork unless permitted by the designer.
1.4 Third party contracts: The designer may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.
2.0 Communication
The designer can be reached by telephone from Monday to Friday between 9am and 6pm GMT. Emails and text messages are welcomed at anytime, but the designer is only obliged to reply Monday to Friday between 9am and 5pm.
3.0 Payment schedule
3.1 Fixed Price Projects: The client will make a 50 percent down-payment prior to work commencing on projects. The project can be scheduled once the down-payment is received by the designer. The down-payment is non-refundable. The remaining 50 percent is payable to the designer 6 weeks after the downpayment has been received, and before the website is supplied to the client. Note that additional charges may be applicable as stated in 4.0.
3.2 Retainers: The client shall agree to make the first retainer instalment upfront.
3.3 Once down-payment is received the client automatically agrees to all of these terms and conditions
4.0 Standard Rates
A standard rate for creative/graphic design is £50/hr. Marketing, meetings and strategic thinking will be chargeable at £50/hr. Travel and any other disbursements needed to fulfil my task will be charged back to the client. Any additional or urgent work that falls outside of the original scope of works.
5.0 Delayed payment
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 10 percent “delayed payment” fee will be charged. This initial 10 percent figure will be added upon each recurring 30 day period until the full amount has been received by the designer.
6.0 Cancellation
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost. Retained clients have the right to cancel the service with one months notice, but not before the first 3 months. The designer holds the same rights to cancel a retained clients’ contract.
7.0 Miscellaneous
7.1 Samples: The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes. The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
7.2 Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
7.3 Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including solicitors’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
7.4 As in website design proposals there are 3 phases in the design process where the client will have 3 opportunity's to make changes to the design after each phase. After this any changes required will be chargeable at the hourly rate of £50 per hour as stated in 4.0
