RIGHTS AND OWNERSHIP
Rights: All services provided by Paul Nicholas Design shall be for the exclusive use of the client other than for our promotional use. Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by Paul Nicholas Design for this project shall be granted:
Client to gain full transferable rights to brand identity.
Client to gain full licence to reproduce works through commercial printers.
Ownership: The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee.
Third party contracts: Paul Nicholas Design may contract with other creative professionals to provide services such as web development, photography and illustration. Any third-party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement unless requested by the client at a later date.
Paul Nicholas Design can be reached by telephone from Monday to Friday between 9am - 5pm. The majority of designer/client communication is normally via email, helping both parties keep track of specific design requirements and potential changes.
The client will make a 50 percent down payment prior to work commencing. The project can be scheduled once the down payment is received by the Paul Nicholas Design. The down payment is non-refundable. The remaining 50 percent is payable to the Paul Nicholas Design upon completion of the project and before original artwork is supplied to the client.
If the final invoice is not paid within 30 days, a 5 percent ‘delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by the Paul Nicholas Design.
If, after project commencement, client communication (face-to-face, telephone or email) stops for a period of 180 days, the project can be cancelled, in writing by the Paul Nicholas Design, and ownership of all copyrights shall be retained by the us.
A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 110 percent of the total payable cost.
You may be asked to provide Paul Nicholas Design with samples of print design that result from the project deliverables. The designer may use such copies and samples for publication, exhibition or other promotional purposes. Paul Nicholas Design shall have the right to photograph all completed designs and installations and shall have the right to use such photographs for publication, exhibition or other promotional purposes.
Confidentiality: The client shall inform Paul Nicholas Design in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Indemnity: The client agrees to indemnify and hold harmless Paul Nicholas Design from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by Paul Nicholas Design.