Below are the Zorb Designs standard terms and conditions for all projects.
We believe these to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project where you tick the terms and conditions agreement box on the forms will constitute full and total agreement with these terms.
It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Zorb Designs. Please also note that from time to time we may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.
As a user of the zorb-designs.com website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.
COMMUNICATION WITH ZORB DESIGNS
- We do agree to take any creative direction alterations of scope or another legal or contractual obligation via telephone. All communications that are legally binding must be in writing via email.
- Skype chats are welcomed at the Skype user name: zorbdesigns (although we prefer a bit of warning so we look our best), but again this is not legally binding, merely a way to touch base with our client/s.
- The majority of designer/client communication is normally via email. Zorb Designs will not take design instruction or changes via telephone.
- All work requests must be in clear, concise writing, via email or via forms on our website. This means that “The Client” and Zorb Designs can look back over emails for clarification if needed.
- Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner Changes sent through in 10 different emails in a disorganised or hard to understand manner will result in confusion on both sides.
COMMENCEMENT OF WORK
Agreement to work with, and submission of a design brief and payment of deposit to, Zorb Designs, constitutes agreement to these terms and conditions. All online forms that clients complete have a required component at the end of the form that “The Client” must read and agree to these terms and conditions. Please do not click the affirmative if you have not read and understood your contractual obligation to these.
PAYMENT TERMS AND CONDITIONS
“The Client” agrees to pay:
- 50% non-refundable deposit of the quoted amount to commence the design project.
- 25% is due after 3 rounds of changes/revisions have been complete, or site in online for testing, and
- 25% is due before the Delivery, Sign Off or Live Date.
- The project deposit is non-refundable, and if a project is cancelled by “the client”, for whatever reason, the deposit will serve as a cancellation fee, along with a pro-rata payment based upon the time spent if it exceeds 50% of the quoted work.
- In the case of a change of mind by “The Client” this deposit is non-refundable. The deposit is to ensure Zorb Designs allocates time in the schedule to create work for “the client”.
- All printing accounts must be settled in full prior to the release of the files to the printer and the files will be sent directly to “the client”.
- Any account not paid within the time specified on the invoice will be liable for interest at the rate of 5% per 30 days and such interest will be added to the account at the end of each month.
- No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Copyright is not transferred until all invoices are paid in full, with no exceptions.
Delivery consists of the following:
- supply of final digital files
- via email to nominated email account
- uploaded to nominated ISP (as in the case of web design and development)
Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of Zorb Designs.
IMPORTANCE OF THE CLIENT BRIEF
The brief is the single most important document in determining the creative and strategic direction of the project. All aspects of the project must be included in this document. Zorb Designs takes this information and creates your design from this. The “client” agrees that any additional information, changes or additions that are requested after the submission of the brief form and commencement of the project over and above the original brief document, will be liable to additional charges of 25 pounds an hour.
In some cases the additions are minor (determined by Zorb Designs and completely at our discretion) and can be absorbed into the project costings, BUT, if a client changes the brief significantly (again entirely at Zorb Designs discretion), this will have a significant impact to the project timeline and completion date.
Extra charges will be applied in this case and while we will endeavour to inform you we are not obligated to do so if the brief has change, it is taken as a given by the client that those changes, additions and alterations will be billable at the end of the project. Some corrections, changes to layout, replacement of minor text or images are normally included with any artwork charges, but adding additional content after the initial brief can sometimes add significantly to design time and therefore artwork charges. Please take time to read the terms and conditions, and take time to:
- Prepare a considered, well written brief with all information supplied and in detail
- Provide adequate reference material such as links, images, PDF mood boards, word mood boards,
- Denote your style, colours, typographic preferences
- End result goals described in detail.
If a brief is incomplete Zorb Designs will not be held accountable if the end result is not what was in the mind of the “client”. The brief form is the only document that we have from which to create your project.Zorb Designs may ask for additional information, however if that is not forthcoming Zorb Designs cannot be held accountable if “the client” is unhappy with the end result.
Zorb Designs cannot emphasise enough to please make sure the brief document is completely thorough and every aspect of your project answered and considered. We will of course interpret this taking into account our knowledge, experience, trends and fashion, but the more we know about your business from a visual and stylistically point of view. Words such as elegant, glamorous and chic do not tell us what you want, we need specific visual references of what you mean but terms such as these.
If information, specifications or wishes are not included in the brief, they will not be included in the project.
TERMINATION OF SERVICES DUE TO NON PAYMENT CLAUSE
Zorb Designs may discontinue services if an amount payable is overdue or take down a website permanently in any case where an amount payable is overdue by more than 14 days. In any such event, “The Client” remains liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. If the invoice remains unpaid, copyright on all work remains with Zorb Designs and we can sell the artwork to recover lost revenue and outstanding costs.
PROJECT DURATION AND CLIENT RESPONSE TIME
- “The client” agrees to provide timely responses to Zorb Designs after receiving status notifications, work for review or requests for information.
- The client shall have 7 days to respond to each draft/request for information submitted. If the client has failed to respond after Zorb Designs shall have no further obligation to the client, and the client shall pay Zorb Designs all fees and expenses associated with the work performed.
- Zorb Designs will not be liable to the delays caused by the client’s response time. If the project exceeds it’s project period, an excess fee is chargeable.
DESIGN SAMPLES (IF APPLICABLE)
- “The Client” agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for “The Client” by Zorb Designs during the course of this project (quantity to be specified by us).
- “The Client” agrees to allow a small credit with a link to the front page at zorb-designs.com on the footer of all pages designed by Zorb Designs. Removal of this credit constitutes a breach of these terms and conditions.
- “The Client” also agrees to allow Zorb Designs to showcase any/all work created in the course of a project as part of the portfolio, including unused concepts. Zorb Designs acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commenced.
Zorb Designs shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Zorb Designs including but not limited to strikes, transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant or accidents of any kind.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement which is known as the quote form submission and or the brief form submission.
Wherever possible the client will be notified of increases in the scope of the project. “The client: agrees to pay additional fees for work requested beyond the scope of the brief submission and or the quote submission. Zorb Designs will endeavour to inform you of this increase, but be aware that this may not always be possible and so it will appear on your final bill if you do request additional work.
This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.
- Changes to any Supplies completed or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis at of 25 pounds per hour
- Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
- Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
In the case of time billed work, we keep very accurate logs of time on projects and these are provided in the client invoice.
APPROVAL OF FINAL ARTWORK
While Zorb Designs takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proofread and approve all final copy before the providing it to Zorb Designs.
The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proofreading.
PRINT RETURNS AND REFUNDS
- 100% advance is given on the printing cost which will be shared with the client before hand. A signed consent will be taken on use of material and print techniques.
- If the print order is cancelled by the client in the midst of printing, this advance is non refundable.
- If the print order is cancelled before the commencement of the print work, a 15% fee will be charged.
- It is agreed that the Zorb Designs is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval will be taken in writing). Zorb Designs will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Zorb Designs of any such errors during the revision cycle and before the final files have been generated.
- In the event of a need to reprint due to errors in content, the client must inform Zorb Designs within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
- As with all print projects, payment for re-printed project MUST be prepaid.
COPYRIGHT & GRANTING OF RIGHTS
- “The Client” is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. All original electronic files are the property of Zorb Designs.
- IMPORTANT NOTE: Rights to use the any artwork created by Zorb Designs are granted only upon receipt of package payment in full, provided that payment in full is made within 7 working days of completion date.
- Zorb Designs retains full ownership of design concepts and materials it produces in the course of a project. Once a final concept is delivered to a client and full payment for the entire package, unless otherwise states, is received, the final files will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice. Upon full payment, the client shall be granted ownership/usage of the final artwork as specified in the original quote/invoice. If an invoice is outstanding for more than 60 days Zorb Designs will place the item for sale on an image library or our website to recover outstanding costs.
- Unused concepts remain the property of Zorb Designs. They may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Zorb Designs retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
- Zorb Designs reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
- Zorb Designs reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
- Any material supplied to Zorb Designs by “The Client” in the project brief or duration of the project, shall be free of copyright restrictions, owned by or licensed to “the client” for use by Zorb Designs for use course of the project. Zorb Designs will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.
RE-SENDING UPLOADING FILES
If a client loses or accidentally deletes the files delivered by Zorb Designs at the completion of the project, Zorb Designs can re-upload to DropBox or cloud of choice, for a fee of 25 pounds per request.
WEBSITE DESIGN CREDIT
- “The Client” agrees to allow Zorb Designs to place a small credit on printed material exhibition displays, advertisements and/or a Zorb Designs’ own website on the customer’s website. This will 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 Zorb Designs’ to place websites and other designs, along with a link to the client’s site on Zorb Designs’ own website for self promotional purposes.
- From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Zorb Designs. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Zorb Designs and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of 25 pounds.
- If a project is cancelled by Zorb Designs, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
- In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Zorb Designs. We reserve the right to sell artwork to cover costs.
WEBSITE DESIGN POST- COMPLETION ALTERATIONS
- Once web design is complete, Zorb Designs will provide the customer with the opportunity to review the resulting work. Zorb Designs will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page.
- It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Zorb Designs by e-mail and confirmed by post. Zorb Designs will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of 25 pounds.
- In the case of e-commerce sites, Zorb Designs provides basic training to “The Client” for the ongoing self-maintenance of their web design project prior to handing over the web design project
- Where “The Client” requires additional support including replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, blogs, navigation structure changes or attempted updates by Client repairs, major page code and/or graphics changes and additions will be charged at our standard hourly rate.
It is agreed that employees of Zorb Designs shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorised representative of Zorb Designs prior to the commencement of work outlined in this submission.
“The Client” will automatically be added to our Newsletter database. If “The Client” does not wish to receive these newsletters please opt out on receipt of newsletter.
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Zorb Designs take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Zorb Designs cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Zorb Designs.
THANK YOU FOR TAKING THE TIME TO READ, UNDERSTAND AND DETERMINE YOUR AGREEMENT TO THIS DOCUMENT.