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Business Agreement

© 2019 Shaun Martin - Sleek Design

Updated: 30th of October 2019.

When requesting work from us you agree to the terms on this page. Please check whether this agreement has been updated at the beginning of each new project.

The words 'we', 'us' and 'our' refer to Shaun and Jules Martin of Sleek Design. The words 'you' and 'your' refers to any individuals or entities engaged in business with us.

New client up to 50% up-front deposit

We invoice all new clients for an upfront deposit of up to 50% of the estimated price of the first project which needs to be paid before any work begins. This is done to deter unscrupulous individuals from engaging with us. This applies to the first project only and applies to all new clients without prejudice.

Pricing

Prices (whether hourly rates or quotations) that are agreed upon via email correspondence constitute a binding written pricing agreement between you and us.

Payments

All invoices are to be paid within 14 days. Invoices for work undertaken may be sent even though a project is not yet fully completed.

Copyright of final artworks

Ownership of copyright for finalised artworks is transferred to you upon full receipt of payment of all related invoices, otherwise copyright is retained by us.

Copyright of unused artworks

If draft designs or concepts that we have originated are not chosen by you to be used in final artwork these remain our intellectual property and we retain the copyright on them, as such they should not be used by you or given to any outside parties. We may use adapted versions of these unused designs and concepts for other clients. Transfer of copyrights to you only applies to finalised artworks.

Claiming authorship

We can publicly claim authorship of our work and display the designs in a public portfolio. If certain projects should not be displayed for a certain period upon their completion please inform us of this.

Originality

We agree to produce unique and original designs for you. We will not reuse or repurpose your finalised artworks for a different client. Should a specific project benefit from the use of a purchased layout template we will ask your permission before using it.

Use of stock images

We may use stock materials as elements within a design. We will purchase stock licences in your behalf and reference their stock providers and serial numbers on a related invoice. We will inform you if the purchase of stock materials may exceed 20% of the estimated cost of the project. You must determine and adhere to stock licencing conditions as specified by the relevant stock providers which can readily be found on their respective websites. We take no responsibility for any breach of stock licencing requirements.

Proofing

While every effort is made to avoid errors in artwork we take no responsibility for any errors in artwork that has gone to production. You are responsible for ensuring that all artwork has been proof-read and checked for any errors before production. You are responsible to receive a physical proof from your chosen printer/manufacturer and to proof-read/check it before authorising the production to go ahead. You also agree that it is the printer/manufacturers responsibility to do technical prepress/preproduction checks of the artwork to identify and address any technical problems with the artwork before production occurs. If we are ever asked by a client to send artwork directly to a printer/manufacturer it is assumed that the artwork has already been proof-read, checked for any errors and approved for production by you. You agree not to pursue any compensation from us in regards to errors of any kind.

Backups and source files

We locally backup all digital artwork produced for a period of 5 years and we will provide any source files of finalised artworks at your request under the condition you have no outstanding invoices overdue by more than 4 weeks. However, we make no guarantees of our abilities to backup or provide any files, so it is your responsibility to request the source files of any finalised artwork you wish to keep a copy of. Should you request all of your finalised artwork source files you will be charged our standard hourly rate for time spent preparing the transfer of these files.

Repurposing artwork

You may provide finalised artwork only to a third-party designer for reuse or repurposing under the condition that it is used only for the same specific brand, service or product for which the artwork was originally created. If you wish to repurpose artwork across to a different brand or entity you agree that such work can only be carried out by us. The reason for this is that you are paying us for finalised artwork only, we charge a higher rate for designs that are intended to be used as reusable templates. If you require artwork to be used as a reusable template we must be informed of this before the project begins.

No selling of artwork

You agree not to sell or licence any artwork to any third-parties unless this has been expressly specified in a signed written contract between us and you.

End of agreement.

If you have any questions not covered in the above agreement please contact us, Thank you.

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