Design Collective Ltd. Terms of trade.
We urge all customers to carefully read our terms of trade before accepting any proposal or brief project. They are frequently updated.
Estimates
The costs and expenses cited in this proposal are our best estimates based upon the information provided. If additional information is forthcoming, the project specifications change, or the scheduling changes, cost and expense estimates may also change.
Cost and expense estimates are valid for 10 days from the date of this proposal. Taxes are not included in cost and expense estimates.
Revisions & Alterations
Work not described in this proposal, including but not limited to revisions (authors amendments), corrections, alterations and additional proofs, will be billed as an additional cost at the hourly labour rate of $95 per hour, or at our cost plus 25% markup.
Terms
A deposit of 10% of the total estimated costs will be required before work commences; the balance of each phase (for longer projects) is due 7 days after completion of each phase or on completion.
Content managed sites are technically complete when handed over to the customer for content entry. Projects where the customer is required to either provide content for entry or enter their own content into the content management system will be invoiced in full at this point. Delays to launch due to content not being provided or not entered are the responsibility of the customer
If any phase of the assignment is delayed longer than 30 days, we will bill for work completed to date.
Responsibility
Design Collective Ltd. will make every reasonable effort to assure the accuracy of the material produced, but are not responsible for the correctness of copy, illustrations, photographs, trademarks, or for obtaining clearances or approvals. Please ensure all print work is thoroughly checked before ‘signing it off’ for printing, any errors are the responsibility of the customer.
Design Collective Ltd. will take appropriate measures to safeguard any materials entrusted to us. However, we do not accept responsibility for the loss, damage or unauthorised use of such materials, nor are we responsible for the actions of the vendors and suppliers we utilise. Costs do not include costs for photography or stock photography.
Design Collective Ltd. takes no responsibility for any third party software that is used in conjunction with our products and/or services. All licence agreements, charges, fees, documentation, support or any other services or products are the sole responsibility of the party who owns the product. Design Collective Ltd will also not be liable for any loss or damages arising from or attributable to third party software and/or products, however caused. This includes but is not limited to ‘Open Source’ software, products and/or services.
In the event of any dispute, all relevant parties to the dispute agree to seek a mediated agreement prior to any formalised action. A mediator will be selected by mutual agreement, and in the event of agreement not being reached, shall be provided by the Arbitrators and Mediators Institute of New Zealand. The mediator shall be paid for equally by both parties. This does not include defaulting on any invoices, in which case, Design Collective Ltd. Reserves the right to take appropriate action at their sole discretion.
Ownership
Ideas, which are not accepted, remain the property of Design Collective Ltd. and may be used in the future during other assignments.
Web Browsers
Our code is semantically produced (as far as possible) and accurate to the standards set by the World Wide Web Consortium (W3C).
All web design projects are tested on Mac OSX: Snow Leopard (latest version of Safari and Firefox at the time of testing) and Windows XP (Internet Explorer 7 and 8, latest version of Firefox at the time of testing) and Windows 7 (Internet Explorer 9).
Testing on other browsers will be conducted if requested.
We cannot guarantee our work for future versions of browsers due to the changes made by the vendors of the software, or to browsers incorrectly interpreting standard HTML/XHTML/CSS. Any amendments needed to correct visual issues on future browsers or browsers for other operating systems are at the cost of the customer as they arise.
Purchase Order (for projects where a proposal is issued)
A Security purchase order in the amount of the quote should be initiated. All invoices submitted against the purchase order will be net, payable within 7 days of receipt. Interest may be charged on past due invoices (at the current bank overdraft rate).
Invoices not paid within 30 days of receipt may be passed to Baycorp (or international equivalent debt collector) for collection, at our sole discretion. All debt collection charges will be the responsibility of the customer.
We shall be pleased to begin work upon receipt of your purchase order.
Printed Work
We do not mark-up the cost of printed work and do not charge print coordination beyond the time taken to contact the printer and send/amend when required digital files. The contract is between you, the customer, and the printer.
We recommend customers obtain a printed proof of the work before the printer prints the job. We recommend to ensure the customer is happy with colour reproduction, they visit the printer for a press pass.
See Responsibility above. As the result of the printed work is out of our remit, we may invoice before the printed work is received.
Work Undertaken Without Formal Quote or Project Proposal
At times a customer may request a small task be undertaken without requesting a proposal or formal quote. We will charge our services at our hourly rate, billing the time at the end of each calendar month regardless of whether the project is complete or not.
Any of the above terms may be superseded by terms organised specifically with individual customers.
