Terms

Below are my standard terms and conditions. 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 me. You will receive a terms and conditions document pdf which you will need to sign in the event I do work for you. Please also note that from time to time I may need to alter these terms and conditions based on the needs of the project, etc.

Fees for Service

I typically charges a base rate per project, but occasionally charges by the hour. The base hourly rate is typically $70, but I also work on a sliding scale fee. Please ask. The fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.

Commencement of Work

These Terms and Conditions govern your access and use of the Design Survivalist website. By accessing or using the website you agree to be bound by these Terms and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms.

Agreement to work with, and submission of a design brief and payment of deposit to Rebecca constitutes agreement to these terms and conditions.

Payment

“The Client” agrees to pay a 25% deposit of the quoted amount to commence any design project, unless otherwise agreed upon, with the balance payable after delivery of the final project. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. I strive to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the event of “buyer's remorse” (after a project has commenced) by “The Client”, the initial deposit is forfeited.

All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $40. Accounts which remain outstanding 1 month 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.

Design Samples

“The Client” agrees to supply for free, in addition to fees for service, any number up to 5 of printed samples of every item produced for “The Client” by Rebecca during the course of this project (quantity to be specified by us). 

“The Client” also agrees to allow Rebecca to showcase any/all work created in the course of a project as part of the Design Survivalist portfolio. I acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.

Force Majeure

I shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Rebecca including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Additional Work

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorized representative of “The Client”.

From time to time “The Client” will 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 a predetermined hourly fee (established in contract) will be payable.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Liability

It is agreed that all work and materials provided for “The Client” by Rebecca Guss 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.

It is agreed that Rebecca Guss 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 its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.

Under no circumstances shall Rebecca Guss be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the Supplies prepared by Rebeca Guss (Design Survivalist) including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Approval of Final Artwork

While I take all care to avoid errors, I take no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” is 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.

Print Returns and Refunds

It is agreed that I am not to be 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. I will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify me of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform me within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed project MUST be prepaid.

Printing—Color Variations

With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. There will be no reprints at my expense.

Copyright

I retain full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Rebecca Guss. I may still use paid-for concepts in its promotional materials and in its design portfolio.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment, I retain ownership of all artwork and website architecture. I reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

I reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of Rebecca Guss (Design Survivalist), all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by MYD shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

Resending/Uploading Files

If a client loses or accidentally deletes the files delivered by me at the completion of the project, I can re-upload to Drop Box, for a fee of $40 per request.

Artwork on DVD or USB Drive

If any client artwork is required on CD/DVD, an administration fee of $40 plus courier/postage will be payable.

Website Design Credit

“The Client” agrees to allow me to place websites and other designs, along with a link to the client’s site on the Design Survialist site for self promotional purposes.

Termination Policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to me. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. 

If a project is cancelled by Rebecca, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Rebecca Guss.

Website Design Alternations (Post Completion)

Once web design is complete, I will provide the customer with the opportunity to review the resulting work. I will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified by e-mail and confirmed by post. I will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable.

Confidentiality

It is agreed that employees/contractors of Rebecca 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”.

Late Payments and Default

Accounts which are not paid within 30 days will incur a late administration fee of $20. Accounts which remain outstanding for 2 months 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.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by Rebecca Guss, unless prior arrangements have been made. I shall at my sole discretion suspend any and all services provided to the client or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

“The Client” whose account is in default agrees to pay Rebecca reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. I retain all copyright for work performed until full project costs have been paid. I reserve the right to reuse or resell work undertaken in the case of payment default. I accept no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

Amendments These Terms and Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by Rebecca Guss prior to the commencement of work outlined in this submission.