Terms & Conditions
Below are Ninth Street Design's (throughout this document will be referred to as NSD) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with NSD.
Commencement of Work:
Agreement to work with and submission of a design brief and payment of deposit to NDS constitutes agreement to these terms and conditions.
The Client agrees to pay a non-refundable 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery.
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. Wherever possible the client will be notified of increases in the scope of the project.
Publication and/or release of work performed on behalf of the client by NSD may not take place before cleared funds have been received.
Late Payments & Default:
Accounts which are not paid by the due date printed on the invoice will incur a late fee of $25. Accounts which remain outstanding for 30 days after the due date will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
Approval of Final Artwork:
While NSD takes all care to avoid errors, NSD accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the client responsibility to proofread and approve all final copy before the production of artwork.
All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce final works through commercial printers.
We will supply proofs and files as appropriate for printing, or other graphic files as detailed in the job scope or request. After payment is made in full, you, the client, have ownership of the final version of the design for use in any media application that is beneficial to your business.
NSD retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements.
If a choice of design is presented, only one solution is deemed to be given by NSD as fulfilling the contract. All other designs remain the property of NSD, unless agreed in writing that this arrangement has been changed.
The customer agrees to allow NSD to place a small credit on printed material, exhibition displays, advertisements and/or a link to NSD's own website on the customer'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 customer also agrees to allow NSD to place all designs on NSD's own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Intellectual Property/Master Files:
Charges for design work do not cover the release of our copyright design source or master files, including but not restricted to layered psd. other source files, or raw code. Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of Ninth Street Design.
NSD retains ownership of the intellectual property unless and until the designer signs a written agreement that transfers ownership of the intellectual property to the client. If the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.