The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it is important to have an understanding of how best to deal with it. The following Terms and Conditions apply to all products and services provided by Karla Novak. Please ensure you have read and fully understand the T&C’s and do not hesitate to get in touch if anything is not clear to you.
By signing a contract, the “Client” and the “Designer” (Karla Novak), individually the “Party” and collectively the “Parties to this Agreement”, are considered to have accepted these terms and conditions in full.
In consideration of the mutual agreement made herein, both Parties agree as follows:
The Client agrees to have the authority to enter into this contract on behalf of themself, their company or their organisation. The Client agrees to provide the Designer with everything needed to complete the project including text, images and other information as and when needed, and in the required format. The Client will review the Designer’s work and provide feedback and approval in a timely manner. The Client will also be bound by any deadlines set together. The Client also agrees to stick to the payment schedule set out in this contract.
The Designer agrees to have the experience and ability to perform the services required and to carry them out in a professional and timely manner. Along the way, the Designer will endeavour to meet all the deadlines set, but can not be responsible for a missed launch date or a deadline if the Client has been late in supplying materials or has not approved or signed off work on time, at any stage. The Designer will also maintain the confidentiality of any information received by the Client.
If there is a hard deadline, the Client must communicate this clearly upfront before payment is made. Revisions and response times play a major role in the amount of time it takes to complete a project. Therefore, the project completion date given by the Designer is not a guarantee.
If, at any stage, the Client is not happy with the direction the work is taking, the Client will pay the Designer in full for everything produced until that point and cancel this contract.
The Designer is not responsible for writing or editing any text copy, unless specified in the original estimate.
The Client should supply graphic files in an editable, vector digital format. The Client should supply photographs in a high resolution digital format. If The Designer is required to search for photographs for the Client, there would be a separate estimate provided for this.
All changes and revisions will need written approval from the Client. If changes are given via a phone or video call, they will need to be confirmed and approved in writing in an email.
Excessive revisions, tweaks and miscellaneous changes are subject to additional charges at the Designer’s discretion. The Designer is not responsible for revisions or updates to a project once the final agreed upon deliverable has been sent. If additional design or edits associated with the project are needed, a new project agreement will be created.
NOTE: Once the Client approves a design, it is considered final. The Designer will quote and bill for any additional changes separately.
Should something happen for any reason whatsoever that causes the Client to cancel the project once it has begun, the Client is completely free to do so. Any work completed up to the point of cancellation will be billed for, and the Designer will send the Client any work completed up to that point.
Should some life-altering event happen to cause the Designer to cancel the project, any work completed up to the point of cancellation will be handed over and a refund will be made for any payments made on incomplete work
The Designer is not liable to the Client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
The Client guarantees that all elements of text, graphics, photos, designs, trademarks, or other artwork provided are either owned by the Client, or the Client has permission to use them.
Once the final payment has cleared, copyright will be automatically assigned to the Client. The Client will own the visual elements that the Designer created for the project. The Designer will provide source files and finished files. The Designer is not required to keep a copy, so the Client is advised to keep these files safe. The Designer reserves the right, unless specifically asked not to, to display the project as part of an online portfolio and to write about it on websites, in magazine articles, books or anywhere deemed appropriate by the Designer.
The Designer will not include in designs, text, images or other data anything which the Designer deemes to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
The Parties agree to the following payment schedule:
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.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
This Agreement will be governed by and construed in accordance with the laws of England.