TERMS & CONDITIONS
How we'll work together
All design work created by Sara-Jane Austen of Designerbloom® Graphic Design (DGD) are subject to the following terms and conditions. Please ensure you understand them before commencing any project. If you have any questions about anything contained in these terms and conditions please contact Sara-Jane for clarification prior to booking your project. By booking your project, you as a client are automatically entering a legally binding contract for services and are agreeing to these terms and conditions.
Communication
Sara-Jane can be reached by email, Facebook business page messages and phone (+64 021 141 6583) from Monday to Friday between 9am and 3pm during New Zealand School Term time. Sara-Jane will endeavour to get back to you within 3 business days during these days and times. To keep creativity flowing, phones are set to silent, please don't be put off if you receive voicemail.
Design ownership
Any design concepts that are sent to you during the design process are owned by DGD and permission is not given for them to be reproduced by anyone else, or to be posted on social media. Once a design is approved and fully paid for, you, the client, will own the finished design (this does not include the working files). Unused design concepts remain the property of DGD and may be used for other clients in the future. If a client terminates their business for any reason and no longer uses the designs created for their business, after a period of twelve months since the business was closed DGD has the right to recycle the designs if desired. DGD retains personal rights for the use of completed projects as examples in their design portfolio and marketing materials (unless other arrangements have been made).
Revisions
The design fee includes the specified number of revisions in the package chosen. Additional revisions or alterations are charged hourly.
Free website updates
Upon completion of your website you can receive up to 2 hours worth of text updates at no extra cost. I offer this free update service as a safety net in case you've decided to change your pricing structure, contact details, or other information that you may have overlooked during the project timeline. This offer does not include adding additional pages, purchasing or replacing stock imagery, or adding new products within the shop feature. Valid for first 6 months from date of site launch. Any alterations over 2 hours will be charged hourly.
Images
Any images supplied to DGD for use in a design project must be high resolution and accompanied by appropriate written approval of the photographer. DGD will not be responsible for any legal issues or copyright breaches as a result of the use or printing of supplied images. DGD can source high resolution stock images with the correct commercial license rights on your behalf, DGD requires full payment prior to approved images being downloaded. DGD is not responsible for colour variation occurring if the image requires conversion from RGB to CMYK.
Approval of Artwork
Whilst DGD takes all care to avoid errors, DGD is not responsible for any spelling, grammatical, typographical errors, omissions or incorrect information in the final product. It is the client’s responsibility to thoroughly check all proofs and give their approval via email before the final work will be released to the client and/or sent to print upon payment being received. Any changes that are required post approval will incur an additional design fee to cover the time it takes to make the changes.
File Supply
Logo files are supplied electronically to the client in print and web-friendly formats. You can find more information about these files types on my blog page. Print files will be supplied as high resolution PDFs with crop marks and bleed. If other file types are required please specify when asking for a quote, if unsure of file type requirements please explain your planned use. All original artwork and source files remain the property of DGD unless otherwise arranged; there will be a fee for supply of original artwork and source files. All supplied artwork can only be used for its intended purchase, and must not be altered.
File Storage
It is recommended that you download and store any files sent to you in your own secure Cloud storage system. Any links to files sent to you are temporary and purely for you to gain access to your files. After 30 days there will be a NZ$30.00 fee to resupply files/links. After 2 years the fee increases to NZ$80.00.
Colour Variation
Please note there may be colour variation between the screen and final product. This occurs due to differences in the way colours are managed on the screen (RGB) and print (CMYK). Screen proofing is not indicative of the final print result, printed colours can vary between printing companies, jobs and different print runs. DGD will not be responsible for any colour variations on printing as these factors are beyond control.
Payment
The client agrees to pay a 50% deposit prior to commencement of the design project. This deposit secures the project into DGD's schedule. 50% of the deposit is non-refundable once the design process has commenced. If client feedback takes longer than three (3) weeks DGD reserves the right to invoice for work created thus far. The balance is payable before release of final files. Any additional charges (stock images, non-standard typefaces, printing etc.) are due at the time they are incurred and must be paid for upfront. Alterations outside of the package description are charged at an hourly rate. Payments are due seven (7) days from issuance of invoice, unless otherwise arranged. Invoices are non-assignable; under all circumstances the person or organisation that hires DGD is liable for payment in its entirety and is/are responsible for payment by the due date. A NZ$15.00 weekly service charge may be billed against overdue invoices/late payments. Late payments and/or lack of communication regarding invoices will not be tolerated and may result in the use of a debt collection agency. All collection agency fees and penalties are the responsibility of the client.
Cancellations / Refunds
You, the client, and Sara-Jane of DGD may determine to cancel a design job at any time, if the design work/relationship is thought to be unsatisfactory by either party. Written confirmation is required for any cancellation. 50% of the deposit is non-refundable once the design process has commenced, this is deemed to have occurred on receipt of a completed design brief and agreement on the design quote from the client and once sketching or designs have started. If a design project is canceled by the client prior to project completion a pro-rata payment may be applicable on any project that is more than 50% complete (as determined by DGD) for time spent on the project before the cancellation notice was received. In the event of project cancellation DGD retains ownership of all original artwork and therefore cannot be reproduced by anyone else.
Privacy Policy
Your privacy is important. DGD respects your privacy and personal details. Any information supplied to DGD during the design process will be solely used for that purpose and not disclosed to any third parties without written consent of the client. Your email address will be added to the DGD mailing list in order to keep you up-to-date on DGD availability around busy periods. You are welcome to unsubscribe from this list at any time.
Acceptance of DGD Terms and Conditions
Acceptance of these terms is automatically activated once a project is agreed to and booked into my schedule.
THE FOLLOWING TERMS constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Designerbloom Ltd, (“we”, “us”) and contain the terms and conditions that apply to your access and use to The Services provided by Us.
GENERAL
Please read the below terms carefully. By engaging Designerbloom Ltd, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding once a project is confirmed, and will continue to be valid and binding until both the Client and Designerbloom Ltd agree in writing, that services of Designerbloom Ltd are no longer required. The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of Designerbloom Ltd, its contractors or sub contractors unless otherwise agreed in writing by both parties.
PROPOSAL
Quotations for Services with Designerbloom Ltd are generated on the basis of the brief provided by the Client and expected time investment by Designerbloom Ltd, and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry such date, Designerbloom Ltd reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary.
BOOKINGS
All bookings for services with Designerbloom Ltd are only confirmed when the Client pays a 50% non-refundable deposit fee. This is non-refundable for it is used to confirm a spot in Designerbloom Ltd’s schedule. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project. The final 50% will be payable upon project completion, or on the scheduled date of completion as agreed between Designerbloom Ltd and the Client (whichever date happens first) to ensure our project aligns with our timeline.
COMMENCEMENT AND TERMINATION
This agreement shall begin when the client accepts a quote, signs this agreement and pays the corresponding deposit invoice for a Designerbloom Ltd service and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, client shall pay Designerbloom Ltd for all services performed through the date of termination in the amount of a prorated portion of the fees due. For clarity purposes halfway (50% of a project) would be the website has all pages created, placeholder (or singed off images) are in, content is added.
DELAYS
Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by client will result in a day-for-day extension of the due date for all deliverables. Any delay caused to conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, labour disputes, riots, acts of war, terrorism and epidemics.
COMPENSATION
Client agrees to pay designer the fees listed in the project proposal, including all taxes. Pricing in the project proposal includes only designer fees. Any other costs, such as hosting, printing, art licensing or photography, will be billed to Client.
TECHNOLOGICAL ADVANCEMENTS
The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures. Designerbloom Ltd holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) the Client’s email account details are obtained and used to send spam or malicious material. Designerbloom Ltd build and design websites to the best of their knowledge at the time of completion. We shall not take responsibility if the Client’s site is “hacked” or maliciously attacked in form. Designerbloom Ltd will not be held responsible and is not liable for any loss of income to arise from the Client’s web site “going down”, being hacked or otherwise.
DESIGN
The Client agrees to allow: (a) Designerbloom Ltd to add a small credit on the Client’s website. This will be in the form of a small line of text, iconic graphic, and will be placed at the bottom of the web page; (b) Designerbloom Ltd to place its designs and work, along with a hyperlink to the Client’s site on Designerbloom Ltd’s own website for self-promotional services, unless agreed to the contrary in writing by both parties. The Client understand that Designerbloom Ltd does not take any responsibility for Trademarking of any kind and that it is the Client’s responsibility to check trade-marking laws and existing Trademarks for availability.
For Branding, Designerbloom Ltd will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include colour changes (to others mentioned as per the brief), font swapping between concepts or a minor font change (to another style as mentioned in the brief), changes to size or hierarchy, and adding or removing of a graphic element. Request for minor changes are to be made via e-mail. Designerbloom Ltd will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period.
For Website Designs, Designerbloom Ltd will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include colour changes, font changes, switching out images, textual changes, small alterations to movement of elements on the website, change of images. Minor refinements do not include adding extra pages, custom CSS, third party plugin integration, extra content uploads that were not originally covered under the original project brief. Request for minor changes are to be made via e-mail. Designerbloom Ltd will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period.
CHANGES TO PROJECT SCOPE
If client wants to change the scope of work after acceptance of this agreement, client shall send designer a written change order (detailed, in one email) describing the requested changes in detail. Within ten (10) days of receiving a change order, designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the terms and conditions. Designer will evaluate each change order at its standard rate and charges. Client will be billed on a time and materials basis at Designerbloom Ltd’s hourly rate. Such charges shall be in addition to all other amount payable under this agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. Client will have ten (10) days to respond in writing accepting or rejecting the new proposal. If client rejects the proposal, designer will not be obligated to perform any services beyond those in the original agreement.
If the proposal for the amended project scope from Designerbloom Ltd is rejected by the Client, Designerbloom Ltd is not obliged to perform any services beyond those in the Original Agreement. Designerbloom Ltd reserves the right to extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes.
RUSH SERVICES
If the Client requires design work expedited (outside of project scope and agreed upon time frames), Designerbloom Ltd will try to accommodate you, but please know that good design cannot be rushed. We have other clients booked in that have paid for our time and their spot in the queue and we will need to be financially compensated for working overtime.
Any requests for work to be expedited before my earliest calendar start date (defined by any project or work requiring me to work after regular business hours, weekends and/or on NZ national holidays or know vacation times) will incur an additional 20% fee of the branding and/or website package cost.
EVALUATION AND ACCEPTANCE
Client shall, within ten (10) business days after receiving each deliverable, notify Designerbloom Ltd in writing of any failure to comply with the specification of the project proposal or of any other objections, corrections or changes required. Designerbloom Ltd shall, within ten (10) business days of receiving client's notification, correct and submit a revised deliverable to client. Client shall, within fifteen (15) business days of receiving a revised deliverable, either approve the corrected version or make further changes. If after three (3) refinements or corrections by us, you as the client finds the deliverables not unsatisfactory between both parties, the client may terminate this agreement subject to the termination clauses of this agreement. If client fails to provide approval or comments during any approval period, those deliverables will be considered approved and accepted.
CONFIDENTIAL INFORMATION
All material considered confidential by either party shall be designated as confidential.
RELATIONSHIP OF THE PARTIES
No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. Designerbloom Ltd and the work product or deliverables prepared by us shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.
INDEMNIFICATION AND LIABILITY
Client shall indemnify designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work product of designer are sold “as is.” in all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
PRELIMINARY WORKS
We as the designer shall retains all rights in and to all preliminary works. All designer tools are and shall remain the exclusive property of designer. Designer grants client a nonexclusive, nontransferable, perpetual, worldwide license to use the designer tools solely to the extent necessary with the final deliverables for the project.
SUPPORT SERVICES
Once the final files are sent and website is launched any other revisions are supported at my hourly rate. The Designer does not host/maintain/or support the website. The Designer was hired for design and customisation.
ALTERATIONS
Alteration of any deliverable is prohibited without the express permission of designer. Designerbloom Ltd will be given the first opportunity to make the required alterations. Unauthorised alterations shall constitute additional use and will be billed accordingly.
DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorney's’ fees and costs in any dispute resolved by binding arbitration or litigation.
CHOICE OF LAW
The agreement herein is governed by the law in force in New Zealand and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions. If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
DETAILS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.designerbloom.net website (the "Service") operated by Designerbloom Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By contracting Designerbloom Ltd for work, you agree that you have read the terms and conditions.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Designerbloom Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Designerbloom Ltd.
Where Designerbloom Ltd creates any product, system, website or graphic, the intellectual property rights for that product, system, website or graphic, remain the property of Designerbloom Ltd unless express permission and agreed in writing that the rights should pass to the customer. All work completed by Designerbloom Ltd is subject to copyright and terms and conditions of trade. Reproduction or issue to third parties in any form is not permitted without authority from Designerbloom Ltd.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Designerbloom Ltd.
Designerbloom Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Designerbloom Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
LIMITATION OF LIABILITY
In no event shall Designerbloom Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
Websites designed and built by Designerbloom Ltd are not liable for accessibility non-compliance.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Designerbloom Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
APPLICABLE LAW AND JURISDICTION
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
NO WARRANTY
Designerbloom Ltd services are provided on an “as is” basis, and without any warranty or condition, express or implied.
CONTACT US
If you have any questions about these Terms, please contact me.
Last updated: May 2, 2023
Designerbloom® Privacy Statement. Designerbloom collects personal information from you, including information about your:
- Name
- Contact information
- Location
- Billing or purchase information
- Interactions with me.
I collect your personal information in order to:
- Send you design related information, products and/or services
- Organise printed material to be posted to you
- Set-up online services such as social media and websites.
Providing some information is optional. If you choose not to enter your name or email address, I will be unable to provide my services. I will keep your information safe by storing it in a password protected computer and secure cloud storage system. I will not pass on your information unless I have received prior consent from you.
You have the right to ask for a copy of any personal information held about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact sj@designerbloom.net.
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