Commencement of work
The Client agrees to provide written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between The Client and Newy Design Co concerning the work outlined in this submission.
Payment & Fees for service
The Client agrees to pay any invoiced amount within 7 days of receipt of an invoice. It is agreed that the fee for service shall be the cost estimates provided. A deposit of 50% of the total project cost will be invoiced at the commencement of the project, the remaining 50% will be invoiced upon completion of work and prior to hand over or exchange of finalised files and/or proceeding to manufacturing / production of goods. If the work time exceeds 4 calendar weeks in duration, Newy Design Co may elect to invoice, and The Client agrees to make payments by, monthly invoices based on the work done to date.
Unless otherwise stated, creative and design work include 2 initial concepts and 2 rounds of revisions. Newy Design Co will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.
Excess Work & Author’s Alterations (AA)
Excess work is defined as any work involving additions to the list of items and/or any work undertaken that exceeds the work outlined in the quote/proposal. AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and AAs will be charged in 30 minute increments at the current agreed rate of $120 inc. GST.
It is agreed that all work and materials provided for The Client by Newy Design Co 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. Newy Design Co will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.
It is agreed that the project may be cancelled by The Client by written notification. Should The Client breach this agreement or our standard 7 day payment terms, Newy Design Co also reserves the right to cancel the agreement by written notification. Newy Design Co retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Newy Design Co to be a competitor of Newy Design Co. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers, printing companies and garment decorating companies that offer design services.
Unless otherwise stated in the quote/proposal, it is agreed that Newy Design Co 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 quote/proposal. If Newy Design Co offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, Newy Design Co will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.
Newy Design Co always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and portfolio/marketing materials.
Amendments to terms and conditions
Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by The Client. Agreed amendments will be rewritten into a new quote/proposal by Newy Design Co, and the document re-submitted to The Client for signed approval.