Terms & Conditions

By engaging and agreeing to work with Hayley Kyte (the “designer”), you (the “client”) agree to the following terms and conditions.

This forms the contract between the client and the designer for supply of servcies in accordance with these Terms & Conditions.

 

SERVICES

Design services will be specified in the briefing and quoting stages.

 

The client will brief the designer to the best of their abilities, describing the aim of the work and any deadlines upfront in the briefing stage.

Any additions to the agreed brief may incur an additional cost.

 

Final deliverables will be provided to the client by the designer.

 

Work schedule

The designer will begin work straightaway and the work is ongoing until the project has been completed by the designer and signed off by the client.

 

Cancellation

Both parties understand that client or designer may end the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party.

On termination, the client is responsible for pro-rated payment for any work done by the designer towards the completion of the project.

 

PAYMENT

The designer will quote for the work, quotes will be agreed by the client before work begins.

 

Invoicing

The designer will invoice the client at the end of the project.

The client agrees to pay the amount owed within 15 days of receiving the invoice. The designer shall be entitled to charge interest on any unpaid amount from the due date until payment is received at a rate of 3.0% per month on the outstanding amount.

 

The designer agrees that they are not entitled to any further fees from the client in relation to this project unless otherwise agreed in writing by the client. 

 

If the parameters of the work change, or if it involves more time than estimated, the designer will inform client and they can renegotiate the work’s cost.

 

SUPPORT

The designer will not provide support for any deliverable once the client accepts it, unless otherwise agreed in writing.

In the case of works requiring ongoing support, a separate agreement will be put in place between the client and the designer outlining specific responsibilities and costs.

 

OWNERSHIP & LICENSES

The client owns the final work product.

The designer retains the right to the artwork files and product development, as the original creator.

The designer agrees that they will be the sole author of the work, which will be original work and free of plagiarism.

 

Designer’s use of final product

The client gives the designer permission to use the final work product as part of the designer’s portfolio and websites, in galleries, and in other media, so long as it is to showcase the designer’s work and not for any other purpose. 

 

Credit for the work product

The client is under no obligation to give credit to the designer on publishing the work product.

 

Content ownership

The client must have all necessary rights and ownership to any materials provided.

The designer will use any content and marketing materials provided by the client solely for the client’s work only.

 

PRIVACY

The designer will only email or otherwise contact the client about work related matters.

The designer does not share or sell any of the client’s details with any third parties, without the client’s express permission.

The designer does not record client’s personal contact information anywhere but within email threads regarding work.

All of this information (client’s contact details, work and information relating to the client or their business) is kept on password protected and secure systems.

 

INDEPENDENT CONTRACTOR

The client is hiring the designer as an independent contractor. The following statements accurately reflect their relationship:

  • The designer will use their own equipment, tools, and material to do the work.
  • The client will not control how the job is performed on a day-to-day basis. The designer is responsible for determining when, where, and how it will carry out the work.
  • The client and the designer do not have a partnership, principal - agent or employer - employee relationship.
  • The designer cannot enter into contracts, make promises, or act on behalf of the client.
  • The designer is not entitled to the client’s benefits (e.g. group insurance, retirement benefits, retirement plans, vacation days).
  • The designer is responsible for their own taxes.

 

ACCEPTANCE OF TERMS & CONDITIONS

The placement of an order for design and/or any other services offered by the designer, and validated by the client’s express written or verbal agreement, constitutes acceptance of the quotation and agreement to comply fully with all terms and conditions.

This forms the contract between the client and the designer. The client agrees to the supply of the services in accordance with these terms and conditions, acknowledges that they have read and understood these terms and conditions and agrees to be bound by them.