In this agreement, the party who is contracting to receive the services shall be referred to as “Client” and the party that will be providing the services shall be referred to as “Designko”
Designko shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames agreed upon in the Project Brief. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates. The client agrees not to hold Designko liable for any consequential losses associated with project delays, for any reason.
During the design process, it is expected that the client will work with Designko to reach the results outlined in the project briefs. This includes providing timely feedback on creative presented, as well as a willingness to clarify and elaborate on details as required. The client must at all times work with Designko to achieve the outcomes specified in the Project Brief. Ownership of the final components supplied by Designko in fulfilment with the Project Brief is only transferred to the client upon final payment of all outstanding fees and costs. Any discarded concepts, ideas, designs and/or code remain the property of Designko, and must not be used by the client under any circumstances, unless purchased separately. The client grants explicit permission for Designko to use above-mentioned final components for self-promotional purposes. While Designko takes all care to ensure error-free documents and designs, it is the clients’ responsibility to notify Designko of any error or omissions prior to finalisation of the account. Changes after finalisation of accounts will incur a separate fee.
Designko agrees to provide at no cost to the client reasonable support during a warranty period of 7 days after delivery of any project. Support and maintenance beyond the above provision will be chargeable at Designko standard maintenance rates. Should the client have any concerns regarding the finished project’s output in relation to the project brief, Designko must be notified in writing within 7 calendar days of the project delivery.
After this time, Designko will not be held responsible for any and all damages resulting from products and/or services it supplies. Designko is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Designko responsible for any such loss or damage. Any claim against Designko shall be limited to the relevant fee(s) paid by the client. Designko reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Designko will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Designko and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.
Prior to commencement of any design or programming, a non-refundable commencement fee is due for all new clients. A non-refundable progress payment may be required from time-to-time during the design and/or development process, at the discretion of Designko. Progress payments are generally in 20% intervals. Should the client be issued with a progress payment invoice, the amount is payable before further work is performed on the project.
Publication and/or release of work performed on behalf of the client by Designko may not take place before cleared funds have been received - except in the case of a pre-arranged payment plan.
Any booking fees or progress payments are non refundable under any circumstances.
Unless otherwise stated in writing by Designko, Client shall pay all amounts due under this Agreement within 7 days from the date of Designko invoice. In the case of payment plan, a third-party processor will be contracted by Designko to process and deduct all payments in accordance with the terms and conditions of the third party if required.
Accounts, which remain outstanding for 30 days after the date of invoice, will incur a late payment fee equivalent to 5% of the project costs. An account shall be considered in default if it remains unpaid for 41 days from the date of invoice, unless prior arrangements have been made. Designko shall at its sole discretion suspend any and all services provided to the client by Designko or it’s subsidiaries (including but not limited to hosting, websites, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries. Suspension of such services does not relieve the client of its obligation to pay the due amount. Clients whose accounts are in default agree to pay Designko reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Once the client, by way of confirmation of a deposit or in writing has agreed to a Project Brief, a binding contract to complete the project exists. Work may only be cancelled or amended with the agreement in writing of Designko. In any event, the cost of all work (or part thereof) performed by Designko for the Client, whether used by the Client or not, will be invoiced and must be paid for. Unless special dispensation has been agreed prior to work commencing, all work will be billed at the hourly rate of $120 per hour + GST. “Work” is defined by, but not limited to the following:
Designko reserves the right to withhold files and designs from a client in the event of cancellation, until such time as all outstanding invoices for work performed by Designko has been paid for. The client is expressly prohibited from using any files, designs, or intellectual property supplied by Designko for any purpose until such time as all accounts have been settled in full, or as otherwise agreed to in writing by Designko. Designko reserves the right to terminate a contract without giving reason. In the event of cancellation, Designko will retain all deposits and payments made up until the time of cancellation regardless of work done, and may issue an invoice for any work carried out over and beyond the amount already paid. Cancellation of your project with Designko does not dissolve your obligations to Designko under these Terms and Conditions. Payments of cancellation fees are due within 7 days from the date of cancellation notification.
A project is ONLY deemed cancelled if;
In the event of a dispute, the client agrees to make all reasonable attempts to contact Designko in writing and negotiate a reasonable outcome with Designko before proceeding with any form of litigation.
It is common with web and graphic design that the use of additional materials may become necessary during the design process. Stock photography or commercial fonts are often used and are purchased commercially for your designs by Designko. In the event that stock photography or a requested commercial font is required, a price per picture and per font will be applied to the final design fees, and is payable in addition to design services. Fees for additional materials vary, and Designko reserves the right to alter fees as necessary.
By supplying text, images and other data to Designko for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Ownership of the final artwork designed by Designko on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by Designko - this does not include code or software. Copyright on all software and code remains the property of Designko or its otherwise respective owners. Designko provides license for the client to use supplied software, designs or code for it’s intended purpose. No license for modification or re-use of said software or code is provided unless otherwise specified by Designko in writing. Any discarded concepts and ideas remain the property of Designko and must not be used by the client under any circumstances unless purchased separately. Designko may use all design material freely in the pursuit of promotional purposes. Should Designko, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright- and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Designko to remove and/or replace the file. The client agrees to fully indemnify and hold Designko free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
The client agrees to allow Designko to place a small credit on printed material, exhibition displays, advertisements and/or a link to Designko own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The client also agrees to allow Designko to place impressions of websites and other designs, along with a link to the client’s site, on Designko own website for demonstration purposes, and to use any designs in its own publicity.
Designko reserves the right to refuse or cancel any project, at anytime, without giving reason. Designko will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Designko also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Designko does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Designko to remove the contravention without hindrance, or penalty. Designko is to be held in no way responsible for any such data being included.
Designko reserves the right to suspend or terminate the Agreement and your access to this service should your account become delinquent (falls into arreears). Designko reserves the right to suspend or terminate your public website if delinquent invoices are 60 days overdue.
If your website is built with a content management system, you will not be able to transfer the content management solution should you decided to change service/provider. This will affect all your pages that use content management functions.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Designko reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.