Terms & Conditions
Design service agreement between Poprocket Design and business or individual.
Identified hereon as the CLIENT, all working relationships are subject to the following terms and conditions.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that Poprocket Design may be contracted to produce or provide for the CLIENT will be subject to the following:
WORKING/BILLING PHASES – Based on our experience with both short (1) and long-term (2) design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases.
1 Short-Term: Any project outlined and agreed upon to be quoted and billed as a conclusive workload and timeframe, including but not limiting to Ad-hoc, re-work and re-design projects.
2 Long-Term: Any project that is considered to have no foreseeable end date or that requires continual service.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Poprocket Design or the CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or cancelled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by Poprocket Design. For each project, the CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and outline itemised costs for anticipated out-of-pocket expenses. Poprocket design will begin work upon the CLIENT’s approval of the written estimate. The CLIENT’s approval (written or verbal) will constitute an agreement to commence work.
PAYMENT/ESTIMATES – The CLIENT agrees to pay Poprocket Design in accordance with the terms specified in each proposal/estimate. On accounts that are deemed short-term and are quoted on a per-project basis the CLIENT will be required to pay 50% of the project cost before work can begin. Unless otherwise specified, all subsequent balances due are payable upon art approval (3). Payment terms are outlined within the initial estimate. Overdue payments may incur a late payment fee of 5% per week. We reserve the right to refuse completion or delivery of work until overdue balances are paid.
Estimate: Billing will reflect the actual costs incurred. Valid for only 14 days from estimate date. Client requested changes/revisions will be billed additionally (4). The client will be notified of any price change prior to invoicing.
3 Approval is agreed upon whether written or verbal.
4 All revision/alteration requests outside initial agreement are considered additional.
OUT-OF-POCKET EXPENSES – Fees for professional design services do not include outside purchases such as, but not limited to, printing, photography, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemised on each invoice. Expenses are subject to GST unless 1) You are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to Poprocket Design. If consultant or supervisory services are required in out-of-town
locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
REVISIONS AND ALTERATIONS – New work requested by the CLIENT and performed by Poprocket Design after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision to you via Email, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
EXCESS WORK – Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate.
NATURE OF COPY – The CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for obtaining any necessary licence to use any registered patent, trademarks or any copyright protected material. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare5. 5 Under ordinary circumstances Poprocket Design does not write, supply or edit copy.
ERRORS AND OMISSIONS – It is the CLIENT’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Poprocket Design is not liable for errors or omissions. Your approval or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
LIABILITY REGARDING WORK AND MATERIALS PROVIDED – It is agreed that all work and materials provided for the CLIENT by Poprocket Design will be free and clear of all liens and encumbrances and may be lawfully used 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.
DESIGN SAMPLES – If requested, The CLIENT agrees to supply at no charge, any number up to five (5) printed samples of every item produced for the CLIENT by Poprocket Design during the course of this project (quantity to be specified by us).
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by the CLIENT, Poprocket Design will assign the reproduction rights of the design work for the use(s) described in the proposal.
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 Poprocket Design 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 proposal. This granting of copyright does not extend to the use of design artwork or proposals submitted but not approved by the CLIENT.
STUDIO USE – We reserve the right to photograph and/or distribute or publish for our studios promotional and marketing needs any work we create for you, including but not limited to; mock-ups, print samples, logo art, digital representations and comprehensive presentations, as example pieces for our portfolio, firm newsletters, website, print collateral and similar media.
DIGITAL ART FILES – We agree to store all digital art files and press-ready files for a period of six (6) months beyond the delivery of a job. Thereupon, we reserve the right to discard or archive all related art files.
CONFIDENTIALITY – It is agreed that employees of Poprocket Design 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 of the CLIENT.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated either by the CLIENT or Poprocket Design upon 14 days written notice. If the CLIENT should direct us at any time to cancel, terminate or “put on hiatus” any previously authorised purchase, we will promptly do so, provided the CLIENT absorb any cost incurred as a result. Upon termination of this agreement, Poprocket Design will transfer to the CLIENT all property and materials in our control and for which you have paid. The CLIENT will indemnify and hold Poprocket Design harmless for any loss or expense (including legal fees), and agree to defend Poprocket Design in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against the CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
AMENDMENTS TO TERMS AND CONDITIONS – All and any amendments to the terms and conditions outlined in this submission must be provided in writing either by the CLIENT or Poprocket Design and signed by an authorised representative of both parties prior to the commencement of work outlined in the submission.