Terms and Conditions of Contract
1. DESCRIPTION OF SERVICES.
On Poynt Creative will provide design services for the client for work stated only on a design brief communicated in writing to On Poynt prior to the initiation of work. Any further work required must be sent to On Poynt Creative in writing.
All work with the exception of stock imagery/templates shall be original and produced by On Poynt Creative. On Poynt Creative will ensure the work does not infringe upon any copyright, right of privacy, proprietary right, the right of publicity or any other right of a third party.
2. PAYMENT FOR SERVICES.
Invoice schedule: By signing these terms the client will pay the On Poynt Creative in full for work carried out, charged at the amount communicated on the quote delivered to the client pre contract. This price is for graphic design services only. It does not include any print deliverables. Should On Poynt be required to facilitate any print services or likewise, an additional cost, and invoice, will be raised. An invoice will be sent on the completion of one of the following:
· a whole project
· a defined section of a project
· the end of a calendar month
It is only on agreed competition of the design brief and subsequent payments that files are provided to the client. On Poynt reserves the right to refuse completion or delivery of files until balances are paid.
Deposit terms: Once a quote has been provided for the agreed work, a deposit of 50% of the total cost is to be paid to On Poynt Creative to be paid before work commences. The value of which will be deducted in the final invoice provided to the client. On Poynt will provide a receipt in relation to this deposit for the client’s records.
Quotation process: A quote will be given at the initiation of a new project or the introduction of a new stage within a project, in order to move to what will be henceforth called a design ‘checkpoint’. This quote is not a final cost of a project and there may be some further costs incurred once the project commences. However, it is in the understanding of both parties that visibility will be granted (via an appropriate method) when costs meet the quote provided at which point both parties will agree further developments, edits or termination of work.
Late Fees: If an invoice is not paid within 30 days of its delivery, it is then subject to a 10% late submission fee per month it is not paid. When the client payments are received, the funds are applied first to the late fees, and then to the unpaid balance on each open invoice, starting with the oldest.
Expenses: It is of the understanding of the client that they are required to pay On Poynt Creative for any expenses incurred during the design process with the client’s prior consent. An inclusive but not extensive list of expenses would be the procurement of stock imagery with the appropriate license, the use of soundtracks with the appropriate licence and personal car milage expenses at a chargeable rate of £0.45 per mile.
3. EDITS AND REVISIONS.
On Poynt Creative agrees that the client has the right to edit the work as it deems appropriate. Included in the initial cost of work are two individual rounds of revisions, limited only to the work carried out initially by On Poynt Creative. On Poynt will charge an additional fee of £70 per hour for time spent on subsequent revisions, or revision comments whereby more design work is required. If those revisions are agreed not to be at the fault of On Poynt Creative.
In the event of a revision being made due to the fault of On Poynt Creative i.e. spelling errors/not following agreed instruction, On Poynt Creative will amend the stated errors for no additional fee, prior to sign off or product print. These will not be counted as one of the two revision rounds stated above that are included in the cost of work.
Client Responsibilities: Any information or assets required by On Poynt Creative must be provided before the project is undertaken, within 1 week of the deposit being transferred to the designer. Any assets provided after the commencement of work undertaken may result in an additional charges if additional work has to be completed or the providing of assets negates any work already completed. The late provision of assets incurs no extra costs if agreed by both parties prior to the initiation but On Poynt Creative holds no responsibility for late submission of work due to the assets being provided late.
Client revisions (if any) for work undertaken: These must be received by On Poynt Creative within one week of project submission. If there is an issue with this timeframe, it must be communicated to On Poynt creative on the submission of work. Regardless On Poynt Creative holds the final say with any change to the process outlined above.
4. CLIENT APPROVAL.
The Client is responsible for approval of work. Any verbal or written changes made by the client to the scope of the work following its initiation by On Poynt Creative are subject to additional charges agreed between the parties before further work is undertaken. Should such changes negate any part of the work already completed at the time of the changes, the client accepts responsibility for payment of the completed work and all services related to it, in addition to charges for the change itself.
5. EARLY TERMINATION
If the client decides not to continue with this agreement with On Poynt Creative, after design work has begun, they will forfeit their entire deposit and also forfeit any copyright ownership to artwork that has already been sent for review.
6. COPYRIGHT OWNERSHIP
On Poynt Creative owns the copyright for all work produced up until the point at which the client pays the final fee including all late fees.
At this point the ownership of the copyright is released to the client then and he/she has full property rights of the work. The client does not have the right to resell or reuse any designs or stock imagery incorporated in the project.
7. RIGHT TO REPRODUCE
On Poynt Creative is granted the right to use clips from the work within their own portfolio, website or social media channels following the images or designs being released into the general public domain. Regardless, On Poynt will ask permission from the client before sharing the work although sharing of work is not subject to this permission.