TERMS & CONDITIONS

• ‘Dandelion Design’ is Chantelle Mackenzie trading as Dandelion Design.
• ‘The Client’ is the party making a booking for design related services from Dandelion Design.
•  ‘An Order’ is the request for services from Dandelion Design.
• ‘The project’ is a term used to describe service from Dandelion Design.

The terms and conditions apply to all dealings between The Client and Dandelion Design. By placing an order with Dandelion Design, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

1. QUOTATIONS AND INCLUSIONS

• All quotes are valid for 30 days.
• All prices exclude GST unless otherwise stated.
• All prices are in New Zealand dollars.
• Any work not scoped within this proposal, will be charged at Dandelion Design’s current hourly rate unless otherwise agreed.
• Each round of feedback must be provided as one consolidated document. Any time spent consolidating feedback or clarifying competing pieces of feedback will be charged at an hourly rate.
• All copy (text) will be provided by The Client fully edited in a Word or Google document.
• This proposal does not include the cost of fonts, stock imagery, photography, film, copy writing or anything else not mentioned within this proposal. Note there may be licensing fees associated with your team using certain fonts or stock imagery in-house. These items will be quoted separately, as required, and charged at cost.
• This proposal does not include cost of printing. This will be quoted separately once the scope is known and charged at cost.
• Dandelion Design is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control.
• Dandelion Design will complete allwork on time, providing The Client has provided the required content as per the provided timelines. Dandelion Design will not be held liable for any failure to meet the timelines caused by The Client delivering content late.

2. ROUNDS OF CHANGES & FILE FORMATS

• Brand design includes a maximum of three rounds of design changes.
• Collateral design allows for two rounds of design changes/author’s changes.
• Additional rounds of changes will be charged at an hourly rate.
• Regardless of the number of changes made, any changes requested after the design has been signed off will be charged at an hourly rate.
• Project finalisation does not allow for the supply of design working files. Print-ready PDF files or relevant template files will be supplied upon receipt of full payment. If you require working files for any collateral items, please talk to me about template development.

 3. COMMUNICATION

• Dandelion Design is an online business therefore the majority of my communication is made via email, this helps me keep track of specific design requirements & any changes required.
• If you would like to chat with me on the phone or via zoom, I am happy to do so, however I ask that you please email me and make an appointment for a time to chat.

4. GUARANTEES

• Dandelion Design cannot guarantee any results that come from using Dandelion Design’s work and will not be held liable for loss of profits, sales, production, agreement, business opportunities or reputation. The Client’s comments about the outcome are expressions of opinion only.
• The Client acknowledges that Dandelion Design cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Dandelion Design.
• Dandelion Design will not be held liable for any issues resulting in the use or performance of any templates once they have been edited or exported by the client. It is the Client’s responsibility to test templates in their final environment prior to use.
• Dandelion Design will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
• Dandelion Design will not be held responsible or liable for changes in third party costs or time frames.

5. PRIVACY & CONFIDENTIALITY

• Dandelion Design and the Client will keep confidential information related to the other party, except if:
  • Information is in the public domain
  • Express consent has been provided
  • A third party needs to be informed in order for either party to complete this contract
  • It is required by law to do so.

6. DESIGN CREDIT

• The Client allows Dandelion Design to display any projects on the Dandelion Design website/ facebook page/ and portfolio for self promotion purposes.
• The Client agrees to allow Dandelion Design to credit design work on all websites designed by Dandelion Design.

7. COPYRIGHT

• Once The Client has paid for the works in full, Dandelion Design will hand over copyright of the completed work.
• Dandelion Design retains copyright over all work not used. This includes any draft concepts, notes, presentations, preliminary drafts and designs that are rejected by the client.
• Dandelion Design retains all intellectual property rights (moral rights) for any work completed.
• Dandelion Design retains the right to  use completed projects and concept artwork for the purpose of marketing Dandelion Design as a business or Chantelle Mackenzie as an individual/designer.
• The Client confirms they have the necessary permissions to use any text, images, video, audio or other content provided to Dandelion Design.
• The Client retains responsibility and any liability resulting from the use of content provided to Dandelion Design.
• The Client agrees not to share anything on social media prior to the brand’s finalisation without Dandelion Design’s consent.
• All images displayed on the Dandelion Design website or facebook page are subject to copyright, and must not be copied or used without full permission from Dandelion Design and the Client. Any breach of copyright will result in legal action being taken as necessary.

8. TURNAROUND TIMES

• Dandelion Design will make every effort to meet deadlines. All quoted turnaround times are approximate.
• Dandelion Design will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.

9. APPROVAL

• ‌Approval is required in writing, via email, prior to work proceeding to the next stage, being sent to print, or being released. Changes to signed-off designs will be charged at an hourly rate.
• Whilst all care is taken by Dandelion Design, Dandelion Design is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. It is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.

10. IMAGE REPRODUCTION, COLOUR MATCHING & PRINTING

• ‌Some designs may contain stock images that are available for purchase.
• Stock images purchased for a Project, will be quoted and charged for separately.
• Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Dandelion Design is not responsible for colour variations in conversion from RGB to process CMYK.
• Whilst all care is taken, Dandelion Design is not responsible for the reproduction quality of images, artwork or elements supplied by the Client.
• ‌Please note that colour on projects can vary from screen to final product, and from printer to printer, run to run, or even front to back, due to the nature of the CMYK printing process.
• Screen proofing is not indicative of final printed piece and a hard proof is always recommended.

11. TERMINATION

• The Client or Dandelion Design may  terminate this agreement for any reason by giving 10 days written notice to the other party.
• In the event that The Client cancels the agreement, Dandelion Design will invoice and be paid for the work completed to date.
• Any deposit paid at the start of the project by The Client, is non-refundable.
• In the event that Dandelion Design cancels this Agreement, Dandelion Design will provide any artwork completed and paid for to date.

12. PAYMENTS

• The Client agrees to pay the fees as set out in this proposal.
• Payments are to be made by bank deposit transfer or credit card (Stripe).
• Stripe payments incur an added 3% processing fee.
• All invoice terms are 14 days from the date of the invoice.
• The project will not start until the initial payment has been made and processed.
• All overseas clients are required to pay 100% upfront regardless of the project price.
• A 50% deposit is required at the time of booking the project and is non-refundable in the event The Client cancels the project; and the remaining 50% will be charged prior to brand pack delivery.
• Final artwork files will not be handed over until the invoice has been paid in full.
• All printing invoices must be paid prior to sending the artwork to print.
• Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.
• Any projects not completed within a 45-day period will be invoiced for work completed to date.
• Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors).