Summary

The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it’s important that we both have an understanding of how best to deal with it. These terms and conditions are designed to ensure that we’re both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what’s expected of us both. In the interests of saving a lot of headaches, this document contains the strict minimum of legal jargon required to still be legally enforceable.

By accepting a quote, you are considered to have accepted these terms and conditions in full.

What do both parties agree to do?

You agree that:
You have the authority to enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

I agree that:
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way, I will endeavour to meet all the deadlines set but I can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this, I will also maintain the confidentiality of any information that you give me and am happy to sign an NDA if needed.

Project delivery dates

If there is a hard deadline for your project, you must communicate it clearly upfront before payment is made. It is always my intention to complete your project on time. Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee.

Design

This contract allows for a set number of revisions as stated in the estimate. If, at any stage, you’re not happy with the direction the work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.

Text content

I’m not responsible for writing or editing any text copy unless specified in the original estimate. If you’d like me to write new content or edit text for you, I can provide a separate estimate for that.

Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that. If you need any advice on these formats I’m always happy to help.

Changes and revisions

All changes and revisions will need written approval in some form. If changes are given via a phone call, they will need to be confirmed in writing in an email and given the ok.

Experience shows that fixed-price contracts aren’t always beneficial to you, as they can limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve plus a few revisions. But I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem, as I’ll provide a separate estimate for that.

Making the most of changes and revisions

You must be specific with your feedback. If you are requesting revisions, it is most effective to offer examples of colours, fonts, images and sites you like. Excessive revisions, tweaks and miscellaneous changes are subject to additional charges at my discretion.

Errors in text or formatting that I have introduced into your content will be fixed for free. However, any other edits such as typo/grammatical errors/wording changes carried over from the original copy may be subject to additional charges.

I am not responsible for revisions or updates to a project once the final agreed upon deliverable has been sent. If additional design, coding, or edits associated with this project are needed, a new project agreement will be created.

NOTE: Once you approve a design, it’s considered final.
Final means I’m happy to make changes should you request them, but all changes will be quoted and billed separately.

Be sure to proof read carefully before approving the final design.

Project cancellations

Should something happen for any reason whatsoever that causes you to cancel this project once it has begun, you are completely free to do so. You will simply be billed for any work completed up to the point of cancellation, and I will send you any work completed up to that point.

Should some life-altering event happen to cause me to cancel this project, I will hand over any work completed up to the point of cancellation and refund you for any payments made on incomplete work.

Legal stuff

I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

You guarantee that all text, graphics, photographs, designs, trademarks and other artwork you supply are either owned by you or that you have permission from the copyright holder to use them.

All concepts, designs and proofing documents supplied during the project remain my intellectual property until the project has been completed and final payment has cleared. Proofing documents are supplied solely for your internal review and must not be uploaded, submitted or otherwise entered into ChatGPT or any other artificial intelligence platform, generative AI tool or machine learning system. This includes using AI to review the work, interpret it, suggest changes or collate feedback.

Uploading proofing documents to an AI platform may compromise the confidentiality and integrity of the work. It may also expose concepts, written content, photography or other material that has not yet been approved, licensed or legally transferred to you. If any proofing document is submitted to an AI platform without my prior written permission, this will be treated as a material breach of these terms. All outstanding fees for the agreed project will become immediately payable and work on the project will cease.

Once your final payment has cleared, copyright will be assigned as follows:

You’ll own the visual elements I have created specifically for the completed project. I’ll supply the agreed source files and finished files, which you should store safely, as I’m not required to retain a copy indefinitely. You’ll continue to own any text, images and data you supplied, unless those materials are owned by someone else.

I’ll retain ownership of the unique combination of elements that makes up the complete design and will license its use to you exclusively and in perpetuity for the agreed project, unless we agree otherwise in writing. Put simply, you can use the completed design for your business, but you cannot sell, transfer or repurpose the design for another organisation or commercial venture.

I love to show off my work and share what I’ve learned with others, so I reserve the right, unless you specifically ask me not to, to display and link to your completed project as part of my portfolio. I may also write about the project on websites, in magazine articles, books or anywhere else I consider appropriate.

Rights of refusal

I will not include within any design text, images, AI-generated material or other content that I consider to be immoral, offensive, obscene, unlawful, misleading, discriminatory or otherwise inappropriate. All advertising material must comply with the requirements of the relevant advertising standards authorities. I reserve the right to reject any material submitted for inclusion without being required to provide a reason.

I also reserve the right to refuse, suspend or cease work where artificial intelligence has been used to generate, interpret or compile feedback on my design proofs. Feedback must come directly from the client and reflect the client’s own considered response to the work presented.

Any brief, copy, imagery, feedback or other project material created using AI must be clearly disclosed before it is supplied to me. I reserve the right to reject AI-generated material where I believe it compromises the originality, quality, accuracy, legality or integrity of the project. If an AI-generated briefing document is unsuitable, it will either be rejected or rewritten by me. Any time required to review, verify or rewrite that material will be chargeable to the client at my standard rate and will be agreed before the additional work begins.

Payments

I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. Therefore, you agree to stick to the following payment schedule:

50% deposit paid up front. Work will only commence once this is received in full.

50% remainder is payable on completion and not more than 30 days after receipt of finished product and invoice.

If payment is late, statutory interest of 8% plus the Bank of England base rate will be charged, starting from 31st day after the invoice date.

The small print

You can’t transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document.

You may also wish to read my Privacy Policy.