Terms & Conditions
ACCEPTANCE:
When a client accepts a quotation or makes a payment for an invoice, they are acknowledging that they have read, understood, and agreed to these terms and conditions. If a client is using our services on behalf of an organization, they are agreeing to these terms on behalf of that organization and confirming that they have the authority to bind the organization to these terms. If the client’s affiliation with the organization ends, the organization remains bound by our terms and conditions.
Communication:
Monica can be reached out via email ([email protected] ) and via phone (+64 021 09182965) from Monday to Friday between 9am and 4pm. Monica will endeavor to get back to you within 3 business days during these days and times.
Design ownership:
During the design process, any concepts sent to you are owned by Monica at Brand With Attitude, and reproduction or posting on social media by others is not permitted. Upon approval and full payment, you, the client, will own the final design. Unused concepts remain the property of Brand With Attitude and may be used for future clients. We reserve the right to use completed projects as examples in our portfolio and marketing materials, unless alternate arrangements are agreed upon.
Revisions:
Revisions involve minor refinements to concepts or deliverables, such as color adjustments, typeface changes, or layout tweaks. The client is entitled to the number of revision rounds specified in the Statement of Work. If not specified, one round of revision is provided. Clients must provide clear and actionable feedback within 1-3 business days via the provided feedback link. Prompt notification of completed revisions is required via email. Clients understand that revisions entail minor alterations. If a client prefers a different revision process, the vendor may accommodate, potentially incurring additional fees and requiring an addendum. If the client is unsatisfied and opts not to proceed with additional concepts or revisions, the project may be canceled, with the client responsible for payment of work completed, a kill fee, and any additional costs incurred.
Kill Fee:
If the client cancels the project or abandons it, they must pay 15% of the total estimated project budget, in addition to all fees and costs incurred up to the cancellation or abandonment date. The vendor will retain rights to any completed final works, and the kill fee does not apply if the agreement is terminated by the vendor. This fee is necessary because the vendor commits time and resources based on the client’s commitment to proceed with the project, incurring costs such as upfront planning, administration, and scheduling. Abandoning the project results in significant losses for the vendor, including costs for unsuccessful follow-ups, rescheduling, idle resources, and revenue loss.
Cancellations / Refunds:
Either you, the client, or Brand With Attitude can opt to terminate a design project if either party feels unsatisfied with the work or the relationship. Written confirmation is necessary for any cancellation. Once the design process begins, marked by the submission of a completed design brief and agreement on the design proposal, along with the initiation of sketching or designs, 50% of the deposit becomes non-refundable. If a client cancels a project before completion, a pro-rata payment may be applicable for work completed beyond 50% (as determined by Brand With Attitude) before receiving the cancellation notice. Upon project cancellation, Brand With Attitude retains ownership of all original artwork, preventing reproduction by any other entity.
Payment:
The client agrees to pay a 50% deposit before starting the design project, securing the project in Brand With Attitude schedule. The deposit is non-refundable once the design process begins. If client feedback exceeds three (3) weeks, Brand With Attitude may invoice for work completed. The balance is due before final files are released. Additional charges, such as stock images or printing, are payable upfront. Any alterations beyond the package description are charged hourly. Payment is due within seven (7) days of invoice issuance, unless otherwise arranged. Invoices cannot be assigned, and the hiring party is responsible for payment in full by the due date. Overdue invoices may incur a NZ$15.00 weekly service charge, and lack of communication may result in debt collection actions, with associated fees payable by the client.
Creative fee:
If the parties execute this Statement of Work, and the Client is presented with an idea proposed by Vendor and the Client chooses to execute such idea with another entity, the Client agrees that Vendor may invoice the Client a reasonable creative fee.
Image Usage and Additional Services:
When submitting images to Brand With Attitude, ensure they’re high resolution and accompanied by photographer approval. We’re not liable for legal issues or copyright breaches related to supplied images. For your convenience, we can secure high-resolution stock images with appropriate licenses, requiring full payment before download.
Colour Variation:
Kindly be aware that there might be color differences between the screen and the final product due to variations in color management between screen (RGB) and print (CMYK). Screen proofing does not accurately represent the final print result, as printed colors can vary between printing companies, jobs, and different print runs.
Font, Software, and Licensing:
We may need to acquire fonts, software, or licenses for your project, not covered in our scope of work or cost. This includes third-party licensing, data entry, hosting, and more. You’re responsible for compliance and additional purchases. We manage licenses for stock images or fonts obtained on your behalf, automatically renewing unless instructed otherwise.
Artwork Approval:
While we strive to prevent errors, we are not liable for spelling, grammatical, typographical errors, omissions, or incorrect information in the final product. The client is responsible for thoroughly reviewing all proofs and providing approval via email before final work is released or sent for printing upon receipt of payment. Any changes requested after approval will result in an additional design fee to cover the time required for revisions.
File Storage:
It is recommended that you download and store any files sent to you in your own secure Cloud storage system. Any links to files sent to you are temporary and purely for you to gain access to your files. After 30 days there will be a NZ$30.00 fee to resupply files/links. After 2 years the fee increases to NZ$90.00.
Design Variant:
A design variant is a modified version of the original design concept, involving minor adjustments to elements like color scheme, objects, mood, size, or proportions, while preserving the overall composition and intent. If the client requests alterations beyond minor modifications, additional work and fees may be required, possibly necessitating an addendum.
Unused Creative Concepts:
If multiple creative concepts are provided, only one is considered as fulfilling the contract. The remaining concepts are owned by the vendor and may be used for marketing, competitions, or other clients in the future. Client use of these concepts is prohibited. Additionally, the vendor may modify or resell unpaid custom designs and websites after 30+ business days.
Print Production:
Clients are not obligated to use the vendor’s print service but it’s recommended for quality control. If clients prefer their own print supplier, the vendor will provide artwork directly, without monitoring or responsibility for the process or output. Payment for print production must be made in advance, with jobs dispatched only after full settlement. Minor variations in printed quantity (within 10%) are acceptable. Clients submitting their own artwork are solely responsible for printing outcomes and must ensure print-ready specifications. The vendor is not liable for artwork or file errors and does not offer reprints at their expense. Print and delivery timelines are estimates and can vary. For specific deadlines, extra time should be allotted in case of delays.
Privacy Policy:
Both parties agree to keep confidential any proprietary information obtained from the other party and to use it solely for the purposes of this agreement. Intellectual property rights remain with the vendor until full payment is received. Once payment is made, final materials produced specifically for the client become the client’s property. However, the client is not permitted to modify, resell, or use the vendor’s intellectual property for other purposes. Any third-party materials used in projects remain the property of the creator, and ongoing license fees are the client’s responsibility. The client affirms ownership of any content supplied and grants the vendor a license to use it for the agreement’s purposes.
Trademarks and Copyrights:
The client is responsible for ensuring that designs, logos, or business names are not trademarked or copyrighted by others. The vendor is not liable for any costs or losses resulting from trademark or copyright disputes.