I work well with my clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. Here are mine. Please do read them – it’s important that you know what I charge for and why I charge it. If you have any questions, please ask.
Terms and Conditions of Service
The following Terms and Conditions of Service apply to all services provided by the Designer (“LAURA PATON”). All services (“WORK”) is carried out by Laura Paton on the understanding that you (the “CLIENT”) has agreed to these Terms and Conditions. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Laura Paton reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
I. WORK
Laura Paton agrees to produce the Work at the request of the Client by an hourly rate or for fees agreed upon in advance, and delivery of the Work within a reasonable time frame, based on a per case basis, agreed upon in advance by Laura Paton and the Client.
II. PROJECT ACCEPTANCE
The placement of an order for design and/or any other services offered by Laura Paton, or acceptance of an estimate must be sent in writing (email or letter). This confirmation binds the Client to accept Laura Paton’s Terms and Conditions and it is deemed that a contract of business is in effect when asked to carry out any Work for the Client. No work on a project will commence until confirmation has been received by Laura Paton. When not agreed in advance, services will be charged at an hourly rate.
III. PROJECT SCOPE
If the parameters of the Work change, or if it involves more time than estimated, Laura Paton will inform the Client and they can renegotiate the Work’s cost. Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Laura Paton is not responsible for errors occurring in this work or projects related to this work after approval and acceptance of the Work by the Client. The Client also agrees that Laura Paton holds no responsibility for any amendments made by any third party, before or after a design is published.
IV. PAYMENT
> Final project payment is due on the 20th of the month following the date of invoice. Payments should be made by bank transfer. Payments made by cheque must be previously agreed.
> Laura Paton reserves the right to charge statutory interest under the late payment legislation on overdue balances.
> Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees.
> For large orders Laura Paton reserves the right to request a deposit before commencing the job.
> Laura Paton is responsible for the payment of all government taxes with respect to the services she performs for the Client as an independent contractor.
V. COPYRIGHT and/or TRADEMARKS
> All artwork designs created by Laura Paton during a project are original.
> Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Laura Paton on behalf of the Client, will remain the property of Laura Paton and/or her suppliers until paid for in full.
> By supplying artwork, words/text, pictures, ideas, images, visuals, illustrations or other data to Laura Paton for inclusion in the Client’s design or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions and grants Laura Paton permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
> Should Laura Paton, or the Client supply an image, text, 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 Laura Paton to remove the file. The Client agrees to fully indemnify and hold Laura Paton 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 exercise due diligence in its direction to Laura Paton regarding preparation of materials. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication or project release, any necessary legal clearances, licenses, usage or royalty payments.
> Due to the complexities of international copyright and trademark law, Laura Paton will not be held liable should the Client be found to be infringing on an already existing copyright, trademark or service mark relating to a project for the Client.
VI. EXCLUSION of LIABILITY
Under no circumstance shall Laura Paton be liable for losses or damages your business may suffer; whether indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, Laura Paton’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of Laura Paton and the Client are as written in these Terms and Conditions. Laura Paton makes no warranties of any kind, expressed or implied for services she provides.
VII. PROOFS, ERRORS and OMISSIONS
> It is the Client’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, and dimensions. Laura Paton is not liable for errors or omissions. The Client’s written approval (email or letter) of an artwork proof, will be taken as confirmation that the project is correct and complete.
> No guarantee shall be given to exactly match a print production with a colour proof.
VIII. CONFIDENTIALITY
Laura Paton acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Laura Paton agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Laura Paton before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Laura Paton can display materials and final work created for Client on Laura Paton’s website (https://www.laurapaton.co.nz). If necessary, agency work will be referenced as so.
IX. PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
X. WITHDRAWAL of SERVICES & TERMINATION of CONTRACT
Both parties understand that Laura Paton or the Client may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Laura Paton. In the event of cancellation, Laura Paton retains ownership of all copyrights and original work created.
XI. DATA LIABILITY
Under normal contractual service circumstances, Laura Paton provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of Laura Paton’s or Client’s equipment. It is the responsibility of the Client to keep security copies of information. Laura Paton is not responsible for backing up your data and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Laura Paton cannot guarantee to be able to replace lost data.
XII. DISCLAIMER
Laura Paton will not be responsible for any damages your business may suffer. Laura Paton makes no warranties of any kind, expressed or implied for services we provide. Laura Paton does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Laura Paton cannot guarantee to be able to replace lost data. Laura Paton disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Laura Paton. Laura Paton reserves the right to revise its policies, Terms and Conditions at any time.
XII. ACCEPTANCE of TERMS
The placement of an order for design and/or any other services offered by Laura Paton, by email, verbally or in writing, the client agrees that they have read, understood, and are considered legally bound to these terms, which are freely available at www.laurapaton.co.nz.
Last Updated: This Terms and Conditions of Service was last updated on 19th January 2020.
I. WORK
Laura Paton agrees to produce the Work at the request of the Client by an hourly rate or for fees agreed upon in advance, and delivery of the Work within a reasonable time frame, based on a per case basis, agreed upon in advance by Laura Paton and the Client.
II. PROJECT ACCEPTANCE
The placement of an order for design and/or any other services offered by Laura Paton, or acceptance of an estimate must be sent in writing (email or letter). This confirmation binds the Client to accept Laura Paton’s Terms and Conditions and it is deemed that a contract of business is in effect when asked to carry out any Work for the Client. No work on a project will commence until confirmation has been received by Laura Paton. When not agreed in advance, services will be charged at an hourly rate.
III. PROJECT SCOPE
If the parameters of the Work change, or if it involves more time than estimated, Laura Paton will inform the Client and they can renegotiate the Work’s cost. Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. printing, etc.) Laura Paton is not responsible for errors occurring in this work or projects related to this work after approval and acceptance of the Work by the Client. The Client also agrees that Laura Paton holds no responsibility for any amendments made by any third party, before or after a design is published.
IV. PAYMENT
> Final project payment is due on the 20th of the month following the date of invoice. Payments should be made by bank transfer. Payments made by cheque must be previously agreed.
> Laura Paton reserves the right to charge statutory interest under the late payment legislation on overdue balances.
> Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees.
> For large orders Laura Paton reserves the right to request a deposit before commencing the job.
> Laura Paton is responsible for the payment of all government taxes with respect to the services she performs for the Client as an independent contractor.
V. COPYRIGHT and/or TRADEMARKS
> All artwork designs created by Laura Paton during a project are original.
> Any artwork, words/text, pictures, ideas, images, visuals or illustrations supplied and/or designed by Laura Paton on behalf of the Client, will remain the property of Laura Paton and/or her suppliers until paid for in full.
> By supplying artwork, words/text, pictures, ideas, images, visuals, illustrations or other data to Laura Paton for inclusion in the Client’s design or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions and grants Laura Paton permission to use this material freely in the pursuit of the design. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
> Should Laura Paton, or the Client supply an image, text, 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 Laura Paton to remove the file. The Client agrees to fully indemnify and hold Laura Paton 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 exercise due diligence in its direction to Laura Paton regarding preparation of materials. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication or project release, any necessary legal clearances, licenses, usage or royalty payments.
> Due to the complexities of international copyright and trademark law, Laura Paton will not be held liable should the Client be found to be infringing on an already existing copyright, trademark or service mark relating to a project for the Client.
VI. EXCLUSION of LIABILITY
Under no circumstance shall Laura Paton be liable for losses or damages your business may suffer; whether indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, Laura Paton’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of Laura Paton and the Client are as written in these Terms and Conditions. Laura Paton makes no warranties of any kind, expressed or implied for services she provides.
VII. PROOFS, ERRORS and OMISSIONS
> It is the Client’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, and dimensions. Laura Paton is not liable for errors or omissions. The Client’s written approval (email or letter) of an artwork proof, will be taken as confirmation that the project is correct and complete.
> No guarantee shall be given to exactly match a print production with a colour proof.
VIII. CONFIDENTIALITY
Laura Paton acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Laura Paton agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Laura Paton before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Laura Paton can display materials and final work created for Client on Laura Paton’s website (https://www.laurapaton.co.nz). If necessary, agency work will be referenced as so.
IX. PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
X. WITHDRAWAL of SERVICES & TERMINATION of CONTRACT
Both parties understand that Laura Paton or the Client may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Laura Paton. In the event of cancellation, Laura Paton retains ownership of all copyrights and original work created.
XI. DATA LIABILITY
Under normal contractual service circumstances, Laura Paton provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of Laura Paton’s or Client’s equipment. It is the responsibility of the Client to keep security copies of information. Laura Paton is not responsible for backing up your data and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Laura Paton cannot guarantee to be able to replace lost data.
XII. DISCLAIMER
Laura Paton will not be responsible for any damages your business may suffer. Laura Paton makes no warranties of any kind, expressed or implied for services we provide. Laura Paton does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Laura Paton cannot guarantee to be able to replace lost data. Laura Paton disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Laura Paton. Laura Paton reserves the right to revise its policies, Terms and Conditions at any time.
XII. ACCEPTANCE of TERMS
The placement of an order for design and/or any other services offered by Laura Paton, by email, verbally or in writing, the client agrees that they have read, understood, and are considered legally bound to these terms, which are freely available at www.laurapaton.co.nz.
Last Updated: This Terms and Conditions of Service was last updated on 19th January 2020.
