Inbox Design Standard Terms and Conditions
Pricing and Payments
Projects are billed hourly or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal. A 10% monthly fee may be charged on any invoices more than 7 days overdue. Fees are non-refundable. Finished work not yet approved by client beyond 15 days shall be billed. There will be a $25.00 fee on all returned cheques, plus any additional bank fees. Client assumes responsibility for all collection of legal fees necessitated by default in payment. Standard practice is to charge 30% of the project fee on acceptance of the projuect, 30% as a progress payment once half way through the project, and the 40% balance is due on project completion, or go-live in terms of the website.
We make every effort to be as accurate and complete as possible on estimates. To receive a project estimate, you must submit the exact specifications of your job. In some cases, a range estimate willbe given, based on knowledge of project at time of estimate. If, upon receipt of all project elements, We determine the scope of the project has been changed from the originally agreed-upon concept, the project may be re-estimated.
Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate. The client's approval will be obtained for any increases in fees or expenses that exceed the original estimate by 10%. Final fees and expenses will be shown when invoice is rendered. Estimateis valid for 30 days from date of estimate. All outsourced fees will be estimated separately.
Out-of-pocket expenses will be subject to an industry-standard markup to cover time and costs involved. Unless projected to be costly, they will not be included in estimate. Any expenses expected to be above $100 will be discussed with the client. The client shall reimburse Inbox Design for expenses arising from this project, including but not limited to: photography, fonts, hi-res scanning, digital proofs, production expenses, long distance, postage, travel, sales tax (when applicable), messenger services, shipping, hiring of contract writers/designers, software, web hosting, and printing fees. Items generated in-house, such as colour/black & white output and DVDs/CDs, or royalty-free images from my collection, will be billed at a at rate fee per item, established by myself. Mileage may be billed at the current IRD mileage rate of 79 cents per km.
The client will be ultimately responsible for final approval of all comps (comprehensive layout). It is important to make all final corrections before the project goes live to avoid delays and additional fees.
We are not liable for any work that has been finalised and approved by the client and made live.
Invoices will include (and the client shall be obligated to pay) fees or expenses that were orally authorised.
All accounts are payable by the 20th day following the date of the invoice. We reserve the right to charge interest at 2.5% per month and to charge a late payment penalty of 10% on any overdue accounts. If the account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal to 25% of the unpaid portion of the price, but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you.
Any delay in the completion of a project due to external forces beyond my control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, etc.), or actions and negligence of the client (i.e., content delivery delays), shall entitle us to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay.
In the event of cancellation of a project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mockups, shall be retained by us. Any usage by the client of any of the project elements will result in appropriate legal action.
A cancellation fee for work completed shall be paid by the client. The cancellation fee is as follows: 50% of total project fee for preliminary work, concepts, or comps, 75% of total project fee afterpreliminary work but before completion, 100% of total project fee for completed work regardless of final approval.
If the client wishes to make additional uses of the work, client shall seek permission from us and pay an additional fee to be agreed upon.
It is the sole responsibility of the client to ensure that any intellectual property (artwork, code, etc.)that they provide is owned by them in accordance with copyright laws. We cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client. Likewise, We are responsible for any intellectual property we supply.
Under NZ copyright law, We retain ownership of the original artwork pieces created for the client, although the client shall be owner of the final product/implementation (i.e. website). The original artwork may not be reproduced without consent from us.
All code parts produced during the work relationship shall be owned by myself and may be reused in future projects, although the actual implementation (website, web app, etc.) of that code is solely the client's, and we shall not reproduce that same final implementation elsewhere. The client reserves theright to reuse, modify, transfer, or sell their implementation although the code itself cannot be resold without consent from us.
Modifications of the project agreement must be written, except the invoice may include, and the client shall pay, fees/expenses that were verbally authorised.
Limitation of Liability
We cannot be held liable for any consequential or special damages, such as profit losses. Promotional Use.
We may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers,and websites, unless otherwise requested by the client. We may use the completed project and anypreliminary designs for the purpose of design competitions, future publications on design, educational purposes, and the marketing of myself. Where applicable, the client will be given any necessary credit for usage of the project elements.
See your quote or estimate to determine the client specific responsibilities you have to contribute to the success of this project. In addition, you may be asked to complete other responsibilities in theProject Scope document that may be created once the project begins. It is important that these are executed and your signature binds you to fulfilling these objectives in a timely fashion.
Inbox Design Limited Standard Terms and Conditions - 2011 Authorisation
Written approval or a signature on this document from you, the client, or payment of an invoice issued as a result of a quote or estimate, indicate authorisation from your company to proceed with the project described within this document. You are stating that you are a legally authorised representative and are committing to pay for all fees incurred in the production of this project and that you agree to the Terms laid out here.
Client assumes responsibility for all collection costs and legal fees and charges incurred as a result of default in payment under this contract or in which We may become a party by reason of this contract.
All accounts are payable by the 20th day following the date of the invoice. We reserve the right to charge interest at 2.5% per month and to charge a late payment penalty of 10% on any overdue accounts. If the account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal to 25% of the unpaid portion of the price, but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you
Your acceptance of these terms
By using this site or accepting verbally or written (physical or eletronic) to contract Inbox Design Limited to preform development services, you signify your acceptance of this policy and terms of service. Your continued use of our services or the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on April 3rd, 2020