Artwork terms
The Terms of Service for the Minta Viski site (“Site) are below.
We may from time to time change the terms that govern your use of the Site. Your use of the Site following any constitutes your agreement to follow and be bound by the terms as changed.
The contents of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of products from the site) use by the users of the Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. This includes illegal reproduction of work, copy, content and items that are available for purchase through the store.
Graphic design terms
1. Summary
1.1 Purpose of this agreement
The vast majority of design projects run smoothly. However, from time to time things don’t go to plan and it’s important that we both have an understanding of how best to deal with it. This agreement is designed to ensure we are both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what’s expected of us both.
1.2 So in short
You are hiring me, to design and develop the components outlined in this quote for the agreed price.
2. What do both parties agree to do?
2.1 You
You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format I ask for. You’ll review my work and provide feedback and approval in a timely manner. You also agree to stick to the payment schedule.
2.2 Me
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but can’t be responsible for a missed deadline if you’ve been late in supplying materials or haven’t approved or signed off my work on time at any stage. I will maintain the confidentiality of any information that you give me.
3. Getting down to the nitty gritty
3. 1 Design
Based on our first meeting or correspondence, I’ll present you with an initial design. You’ll have the opportunity to make up to two rounds of revisions.
3.2 Text content
I’ll populate your design with the text that you provide to me. You’ll have the opportunity to make changes to this text within the two rounds of changes mentioned previously. If there’s a significant change to your text, we’ll discuss the scope of the project and whether extra costs need to be approved. Before signing off the final files, it’s your responsibility to proof-read all text, including but not limited to contact details, event details and names.
3.3 Photographs, graphics and fonts
Graphic files need to be supplied in an editable, vector digital format and photographs in a high resolution (300dpi @ 100%) digital format. If someone has previously supplied these files to you, you need to have permission in writing to pass them on to me.
3.4 Changes and revisions
We’ll agree on a cost for the project before starting, however sometimes things change throughout the scope of a project. Additional rounds of changes will be charged at $120 + GST per hour and will be confirmed in writing prior to starting the work.
3.5 Terminating the agreement
Either of us can terminate this agreement by giving seven days written notice. The cost of any items completed up until that stage will need to be paid for in full. Any payments made leading up to the termination are non-refundable.
3.6 Printing
If not listed, the printing of items is not included in the quoted price. Projects needing to be delivered will be sent by post or courier, and this cost will be quoted accordingly once the number of items needing delivery is confirmed.
3.7 Priority
Urgent requests with a turnaround time of less than 48 hours will be classified as a priority job and will be charged at $150 + GST per hour. Written confirmation will be sought from the client prior to starting the work. 3.8 Additional premium for tight deadlines
If we have agreed on a deadline for this project and you need to alter the deadline, the project will attract a premium rate of $80 + GST per hour in addition to the rate initially quoted for. This means your hourly rate will be $200 + GST per hour for the remainder of the project.
4. Legal stuff
While every file is subject to a quality assurance checklist before being returned to you, the responsibility of proofreading the document or design ultimately lies with you. I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. If any provision of this agreement is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and won’t affect the validity and enforceability of any remaining provisions.
5. Copyrights
5.1 Permission from other suppliers
You guarantee that all elements of text, graphics, photos, designs, fonts, trademarks, or other artwork you provide are either owned by you, or that you’ve been given permission to use them
5.2 Who owns what
Once your final payment has cleared, copyright will be automatically assigned as follows:
> You’ll own the visual elements that I create for this project. I’ll give you the final files that you need (for example, to pass on to a supplier) and it’s up to you to keep them somewhere safe as I can’t guarantee that I’ll have access to the original files in the future. You own all elements of text, images and data you provided, unless someone else owns them.
> I’ll own the unique combination of these elements that constitutes a complete design (the native file) and I’ll license it to you, exclusively and in perpetuity for this project only unless we agree otherwise. This means that you can’t take the design I made for you and sell it to someone else, or send it to another supplier who can edit it without my knowledge. I can licence the native files to you, you'll need to request a quote for these.
5.3 Future use for my portfolio
I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in articles, and in books.
6. Payments
I’m sure you understand how important it is as a small business that you pay the invoices I send you promptly.
6.1. Payment schedule
You agree to stick to the following payment schedule:
• Installment 1: 50% (Due within 14 days of accepting the quote)
• Installment 2: 25% on delivery of concept artwork (i.e. the first draft, before revisions are made)
• Installment 3: 25% on completion of the project
• Printing: Paid for in full before being sent to the printer
• Any schedule as otherwise agreed in writing.
7. But where’s all the horrible small print?
You can’t transfer this agreement to anyone else without my permission. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Any dispute arising from this agreement will be resolved according to the laws of New South Wales.
8. I (the client) understand and agree that:
It’s my responsibility to check all of the information within each document before signing off the final proof.
Any costs to reprint will be covered by me.
I will ask questions if I am unsure and be honest in my feedback.
I understand my responsibilities in respecting the ownership of each element I provide, including the work that is created as a result of this engagement and agreement.
You won’t need to chase me for payment. I will pay on time.
Although the language is simple, the intentions are serious and this agreement is a legal document.