These terms and conditions apply to all contracts between Victory Graphic Design and every client for design services. They are Victory Graphic Design’s (We, us, the designer) standard terms and conditions. It is vital that you (the client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Victory Graphic Design. Please also note that from time to time Victory Graphic Design may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.
1.1 Quotes given expire 30 days after the issue date on the contract.
1.2 The project must be completed within 3 months of the signature date on the contract, it cannot be postponed or delayed unless otherwise agreed.
1.3 If the project runs over 3 months due to the clients fault, the contract will be re-assessed and the client will be quoted appropriately. Figure 1.1 will still apply. Any payment made before the re-assessment will be deducted from the final value.
1.4 From time to time The Client may require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and an additional quoted fee will be payable.
2.1 The fee for Work is refundable pending only upon Designer’s breach of contract. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, shall be paid by the Client. See also clause 5.4
2.2 If in any case the client wishes to terminate the contract before its completion the client must pay a ‘Kill Fee’ of: $300 to cover wasted time, plus a fee to cover the work carried out up to that point.
2.3 Print quotes are independent of design quotes, a design contract does not bind you to print. If you choose to print through Victory Graphic Design the payment for printing must be received in full before the printing commences.
2.4 If any significant changes need to be made to the contract after signing Victory Graphic Design is entitled to make any changes deemed fit to the quoted price. If an agreement cannot be arranged figure 1.1 still applies.
3.1 The client must pay within 14 days of being invoiced unless a pre-arranged account has been confirmed.
3.2 A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, and 60 days from the date of original invoice. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company. The grant of any license or right of copyright is conditioned on receipt of full payment.
3.3 The client is not permitted to make any deductions from the final amount for any reason, any deductions will be at the discretion of Victory Graphic Design.
3.4 Domain names and web space must have been purchased either by the client or Victory Graphic Design before any web based work is carried out. Where this is purchased by Victory Graphic Design this must be paid for prior to work commencing.
3.5 In the case of print based work, if you wish to carry out the printing through Victory Graphic design, payment must be taken in full before the printing commences.
3.6 Publication and/or release of work performed on behalf of the client by Victory Graphic Design may not take place before cleared funds have been received.
4.1 The Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
4.2 Work includes only the final, deliverable art, and not any preliminary Work or sketches.
4.3 The client is liable for any copyright breaches on any content provided by the client to Victory Graphic Design.
4.4 All content that is creation of Victory Graphic Design is property of Victory Graphic Design, subsequently Victory Graphic Design retains the right to publish such design as its own.
4.5 Any design work that is subsequently used after termination of the contract is a breach of copyright, for which the client will be held liable.
4.6 The Client is not permitted to resell or make profit from selling design work created by Victory Graphic Design (If you wish to resell work, please ask for a ‘Resellers Contract’. Please note, this will effect the quote.)
4.7 Victory Graphic Design retains no rights to any concepts or content provided by the client, subsequently Victroy Graphic Design does not retain the right to re-create, resell or distribute any business concepts, text content or images provided by the client.
4.8 Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer.
5. Deadlines & Delay
5.1 Victory Graphic Design can not be held responsible for delayed delivery on any work that is due to client fault, for instance: Delay in signing off proofs, delay in providing any content that has been specified as a requirement or any change in the content that has already been provided. Victory Graphic Design also cannot be held responsible for any delays that are not solely the fault of Victory Graphic Design, this includes printing delays.
5.2 After signing a contract if the client needs to shorten or specify a deadline it is not guaranteed that Victory Graphic Design will be able to meet the requirements.
5.3 If the client wishes to shorten or specify a deadline Victory Graphic Design is entitled to make any amendments deemed necessary to the quote provided.
5.4 In the unlikely case that Victory Graphic Design fails to meet the agreed deadline the client has the option to cancel the contract, paying only for work completed up to that point in time with no extra fee. If the client still wishes to use the work, the contract must stand and the client must pay the full amount quoted on completion of the work.
5.5 Deadlines agreed between Victory Graphic Design and the client are not inclusive of time taken for printing, the deadline agreed in this contract is for design only. The client must bear this in mind when setting the deadline.
6.1 Victory Graphic Design shall not be held liable for failing to perform to the contract for any reason that is not solely the fault of Victory Graphic Design.
6.2 Victory Graphic Design shall not be held liable in any case for any damages, loss of anticipated profits, loss of revenue, contracts or any other inconsequential damages that arise from any cause associated with Victory Graphic Design or the property of Victory Graphic Design, this includes design work.
6.3 All property supplied to Victory Graphic Design by the client or on behalf of the client shall remain at the clients risk, unless otherwise agreed in writing, this includes; print delivery, data and equipment. The client should insure accordingly.
6.4 Victory Graphic Design shall not be held liable for any leak of information or confidential material provided by the client, this includes, a leak or malpractice of any kind by a third party that Victory Graphic Design has outsourced work to, domain loss due to hacking or as a result of hacking by a third party, password leaking due to theft or any circumstance that is not solely the fault of Victory Graphic Design.
6.5 With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Victory Graphic Design.
6.6 Approval of final artwork – while Victory Graphic Design takes all care to avoid errors, Victory Graphic Design accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client bears responsibility to proof read and approve all final copy before the production of artwork. The email verification of The Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by The Client’s proof reading.
6.7 It is agreed that the Victory Graphic Design is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. Victory Graphic Design will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify Victory Graphic Design of any such errors during the revision cycle and before the final files have been generated.
7.1 Victory Graphic Design cannot be held responsible for any loss or damage during transit of client property (6.3) or print deliverables, if payment has passed or not. It is up to the client to insure accordingly.
7.2 Web site delivery will take the form of the website going live. This will be executed upon receipt of payment in full. (A digital download containing files for backup is available upon request.)
8. Acceptance of terms
8.1 The action of the sending and receipt of this agreement or a pdf quote file referencing this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.