i.e. TRUST AGREEMENT
GRAPHIC DESIGN: Terms and Conditions
Fabmedia Studios is committed to excellence and because client satisfaction is one of the top priorities, we respond to our Clients creative needs, by offering innovative designs, friendly and personal experience.
The following terms have been tailored throughout twenty plus years of design experience to protect both The Client and Design Company during a working relationship, built on trust.
RIGHTS AND OWNERSHIP:
The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of Fabmedia Studios, until fully paid for. Fabmedia Studios retains artists rights to show the work created for The Client to potential future clients via a portfolio which may be online via a website or by other marketing means. Fabmedia Studios also reserves the right to attach the following to all created designs:
“Designed by Fabmedia Studios. Visit fabmedia.com.”
CLIENT FEEDBACK:
The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Fabmedia Studios. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design strategy.
THIRD PARTY CONTRACTS:
Fabmedia Studios is not responsible for contracting other creative professionals to provide services that are not offered in-house. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by The Client at a later date.
Third Parties to consider (examples only):
• Photographers • Videographers • Copy Writers • Printers
Fabmedia Studios cannot be held responsible for any loss or damages occurring after final artwork is sent to the supplier! Please check final artwork and require proof prints through suppliers before commencing with projects.
PRINTING IF SUPPLIED BY Fabmedia Studios ON REQUEST OF CLIENT:
Printing time is not guaranteed and Fabmedia Studios cannot be held liable for any damages that may result from late delivery of any product or material. Final printed colours may vary from proofs and computer monitors. The client is responsible to obtain a colour matching integrity proof from the Print Supplier to check colour, text placement and spelling for every print ready design. Whilst all care is taken in preparing print ready documents, Fabmedia Studios accepts no responsibility for designs that do not print correctly.
PAYMENT SCHEDULE:
Because a lot of time, effort and dedication goes into providing The Client with the perfect design, The Client is required to pay a minimum of 50% deposit prior to work commencing. The project will only be scheduled and uploaded to the workflow system once the down payment is received by Fabmedia Studios.The down payment is non-refundable. The remaining 50% is payable to Fabmedia Studios upon completion of the project, before the original artwork and open file format will be supplied to The Client. Please note this is a strict Company policy but adhere to this to avoid any unpleasantness.
Please note that cash, credit cards and cheques are unfortunately not accepted and all work is to be paid via EFT (Electric Funds Transfer) into the bank account of Fabmedia Studios.
DELAYED PAYMENT:
If, after the project has commenced, proofs have been sent through and completed within 60 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5 % figure will be added upon each recurring 30 day period until the full amount has been received by Fabmedia Studios..
REVISIONS:
All projects includes 2 Revision Rounds. Should extra revision rounds be required a separate quotation will be supplied accordingly. Fabmedia Studios cannot and will never limit The Client to change their minds. Though the price at the beginning of the contract is based on the length of time that Fabmedia Studios estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented. The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost
ADDITIONS AND ALTERATIONS:
New work requested by The Client and performed by Fabmedia Studios after ATP (agreement to proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially alters the specifications described in the original estimate, Fabmedia Studios will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.
FILE FORMATS:
Fully paid for designs will be supplied to The Client in: OPEN FILE FORMAT (.IND OR .AI), PRINT READY JPEG & PDF. Open files supplied for printing purposes only. No editing by The Client will be possible unless Adobe Photoshop, Indesign and/or Illustrator is used.
BACKUP:
Fabmedia Studios is not responsible for the Backup of any Final Designs once supplied to The Client as stated above. After final sign-off & delivery, backup arrangements can be quoted for separately if requested for by The Client.
ERRORS & OMISSIONS:
Fabmedia Studios is not responsible for errors and omissions supplied and/or approved by the client. E&OE.
Fabmedia Studios is not responsible for proof reading any designs. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. The Clients’ signature or go-ahead e-mail, or that of the authorised representative is required on all artwork prior to release for printing, digital publication, or other implementation.
DEADLINES:
A Note on Deadlines:
Fabmedia Studios works to acceptable deadlines (unless a disaster strikes). In order to do this for you, however, it is important that you, the Client, hit every deadline, too. We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting the content for your design project in a timely manner—typically before any design can begin. Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By signing this document, you acknowledge your responsibilities in keeping the project on-schedule.
If The Client fails to deliver necessary content, resources, or feedback by the time Fabmedia Studios deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.
The Client’s failure to meet timeline/milestone or content obligations for a period of 5 days or more will result in reallocation of resources and work on the project will be delayed or may cease. The Client’s failure to to meet deadline obligations may incur additional fees as deemed necessary by Fabmedia Studios.
CANCELLATION:
A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100 % of the total project cost. This fee will be based on hours already spent on the project and any additional monies spent to date on the Client’s project.
If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by Fabmedia Studios.
There upon, Fabmedia Studios can choose to cease further work on the project.
PROMOTION & USAGE RIGHTS:
Fabmedia Studios has the right to use the digital formats of all completed designs for publication or other promotional purposes and for these purposes only.
All design work and photography will be allowed for use by Fabmedia Studios for portfolio purposes, in exhibitions, on the website, and in print for the sole purpose of advertising and marketing Fabmedia Studios’s services.
COMMUNICATION:
Fabmedia Studios can be reached by telephone or email from Monday to Friday between 9am and 4pm or by a best scheduled appointment agreed upon. A 1-on-1 sit-in meeting with designer will be billed at an hourly rate of $250/hour. All revisions to be supplied ONLY in written format via e-mail, no revisions will be commenced, based on telephonic requests/ discussions.
CONFIDENTIALITY:
The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential.
INDEMNIFICATION:
The Client agree to indemnify and hold harmless Fabmedia Studios from any and all loss, cost, expense, fees, liabilities, judgments and damages (including court costs and reasonable counsel fees and disbursements of counsel) on account of any and all manner of claims, demands, actions, and proceedings (including investigations and responding to subpoenas whether or not customer or Fabmedia Studios is a party, collectively “Claims”) that may be made or instituted against Fabmedia Studios alleging that the job or work violates any copyright(s), trademark(s) or other property right(s) of any person or entity or that it contains any matter that is libellous or obscene or scandalous or invades any person’s right to privacy or other personal right(s), except to the content caused by recklessness or willful misconduct of Fabmedia Studios. The Client agrees, at Client’s own cost and expense, to promptly defend and continue the defense of any Claims against Fabmedia Studios, provided that Fabmedia Studios gives the Client such reasonable time as the exigencies of the situation may permit in which to undertake and continue such defense.
AND LASTLY THIS…:
In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring Fabmedia Studios you’ve enlisted the expertise at how best to accomplish the goals that both parties have defined. In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.
