TERMS & CONDITIONS
1. Term
The Agreement shall be effective for a period from the day the invoice amount is paid. Either party may terminate the Agreement by giving 7 days’ notice in writing to the other party.
2. Services
By Designory shall perform those services described in the “Scope of Work (SOW)” written in the contract and such other services as may be agreed to mutually by the parties from time to time in writing.
3. Fees
A 50% deposit is required upfront, before any work is commenced. The remaining 50% will be billed once we hit the halfway mark of the project so that you are always paid up in advance. Paying the second 50% acknowledges and confirms that both parties are committed to seeing the project to completion. All payments received are not refundable in the event the project or the relationship is terminated for any reason. After the deposit is paid,By Designory will commence work, if we do not receive sufficient communication from your end to continue the progress of the project within 6 months the project will be terminated and no refunds given. If any part of the work for this project is delayed for longer than 30 days, By Designory will bill for work completed.
4. Expenses
We shall be reimbursed by Client for reasonable and necessary expenses incurred by us solely and directly related to the performance of the Services.
5. Taxes
The Client understands that the we are under an obligation under law topay indirect taxes including the Goods and Services Tax. It is agreed that all taxes arising from the transactions between the parties which may be payable by either party shall be borne by the Client, and such amount shall be payable over and above the Fees payable to us. If the Service Provider is constrained to pay any indirect taxes including the Goods and Services Tax, the Client shall reimburse us without delay.
6. Reproduction of work
The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. If designing a website/product, we reserve permission to include a small watermark logo on it. Any design, copyrighting, drawing, illustration, concept or code created for the client by By Designory , is licensed to the client on a one-time only basis and may not be modified, re-used or re-distributed in any way or form without the express written consent of By Designory . In the event of multiple proposed designs being submitted to you for selection, the one design selected is deemed by By Designory as fulfilling the contract. All other designs remain the property of By Designory, unless agreed in writing that this agreement has been changed.
7. Rejection/cancellation of work
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which By Designory may become a party by reason of this contract. Refund can be given only in the first week of the payment of the 50% of the invoice amount.
8. Client responsibilities
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
9. Providing content
The client is responsible for providing all written content and images for use (unless otherwise specified). It is expected that the content provided is 100% edited and ready for use, if you would like to enlist our copyrighting services that can be arranged for an agreed fee. All images provided need to be in the format that we request and must be approved copyright – we will take no responsibility for images that are found to be stolen or uncredited.
10. Client approval
As our client, we will need you to approve and proofread all final designs, type, press proofs and test sites. By Designory will make all efforts to ensure that no information is misrepresented. However, the client assumes all responsibility for content. Your approval of all tangible materials, artwork and printing proofs will be assumed after the work has been submitted for review, unless you indicate otherwise in writing. In order to avoid errors, text or design changes and corrections will not be taken over the telephone and must be provided electronically. Any text or design with extensive changes must also be provided as marked up hard copy, indicating the revisions to be made.
11. Revisions
The estimate/quotation price of this project is based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do wish to change your mind, add extra pages or new concepts or even add a new product, that won’t be a problem. However it will be charged at an hourly . Please note, we always endeavour to meet all urgent requests however aren’t always in a position to do so therefore please allow 24 hours turnaround for all design requests or revisions (no matter the size of the request). Please refer to your initial quote for allocated number of revisions. 1 x ‘revision’ refers to the client providing 1 set of feedback and By Designory actioning that feedback. Each time feedback is provided, it counts for another ‘round’ – the amount of feedback included in that round.
12. Completion of project
The work outlined in this agreement will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Our schedules assume timely review and response by you, as the client, of all deliverables. You will receive one finished design, in the format of a final file appropriate to the medium. It will be print ready or web ready (essentially final art, no working files). We do not give out raw files for you to edit or make changes to. However, By Designory may offer you the master file for an additional buyout fee. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion date, upon notifying the client, by the time equivalent to the period of such delay. All work will be completed within the standard work week (Monday through Friday,11am to 7pm). Please note that we do not launch websites on Fridays, as we won’t be able to offer support over the weekend.
13. Refund Policy
Refund can be given only in the first week of the payment of the 50% of the invoice amount.
14. Membership Policy
All the licenses and plugins issued will have a validity. This will be a 365 days validity from the day of starting the project.
15. Cancellation Policy
When both the parties are in agreement, either of the parties cancel the agreement if required. The cancellation of the agreement can only be done in the first week of the project.
16. Return Policy
We do not offer any return policy.
