| Project Commencement T’s and C’s
So you made it here? Welcome to Level 11 Design. We’re stoked to get your project rolling but first… Take a look at our general studio contract before you approve the quote!
Last Updated 01/09/2020
ASSIGNMENT OF COPYRIGHT
(a) The ownership of copyright in all Works produced by the Studio which are not ultimately used remains with the Studio. The Studio also retains copyright in the following:
(i) Draft concepts;
(ii) Working notes and any other internal written materials;
(iii) Preliminary drafts, drawings illustrations, photographs, and designs;
(iv) Preliminary electronic works including website drafts, source code development tools, programs, multimedia applications and programmers’ notes;
(v) Draft videos, sound recordings, outtakes, storyboards, scripts, screenplays, and character lists;
(vi) Designs which are rejected by the Client; and
(vii) Source files.
(b) No copyright or any other intellectual property rights in the materials will be licensed to the Client until the Studio has been paid in full and the project has reach completion.
SELF-PROMOTION BY STUDIO
The Studio retains the right to use and reproduce the Works for the purposes of:
(a) promoting the Studio’s skills and services, including by entering the Works in competitions or design publications relating to professional quality and recognition in the Studio’s industry; and
(b) display of the Works in the Studio’s portfolio of work, including for the purpose of soliciting new work from third parties.
Clients can opt out of this through a written email to accounts@level11design.com.au
TYPEFACE
(a) If, in its provision of the Services, the Studio is required to create an original typeface for use in the Works, then the Studio retains all rights in relation to that typeface;
(b) The Studio may, at its discretion, licence any original typeface referred to in the preceding clause to be used by the Client or any third party. Any such licence is not and does not form part of this Agreement;
(c) If, in the provision of the Services, the Studio is required to use an original typeface belonging to a third party, then the Client must:
(i) pay any licence fees to the third party; and
(ii) acquire a license to use the typeface.
LIABILITY
(a) Although the Studio will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding:
(i) any consequential loss, damage or injury, however it may arise;
(ii) any punitive, additional or exemplary damages;
(b) If the Studio is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of this Agreement.
CONFIDENTIALITY
(a) Each party agrees not to disclose to any third party anything about this Consultation Snapshot or any of its contents unless:
(i) it has the prior written consent of the other party; or
(ii) it is required to do so by law; or
(iii) a third party needs to know the information in order to perform this Agreement.
PROOFS AND REVIEWS
Level 11 Design takes no responsibility for any errors, corrections or costs associated to where a design has been submitted for review and approved by the client. It is the clients role to correct any errors or make changes during the review period before each phase of the design process. Level 11 Design will advise clients of any specific instructions in relation to review/proof samples.
EXPANSION OF WORK
Work falling outside of the scope of the Services requested by the Client in the quote, either orally or in writing, will incur charges additional to the Studio’s Fee. Urgent work that falls outside of Level 11 Design’s regular business hours will incur and extra 20% on top of the studios regular hourly rate.
REVISION OF WORK
Upon final review delivery, The client is entitled to two (2) free revisions of work. All revisions should be sent in a single comprehensive changelog for the studio to facilitate. In the event that more than two revisions are necessary, the client must cover the expense of the revision and any associated costs in facilitating the revisions delivery. Level 11 Design. Revision of work may also be subject to the expansion of work clause outlined above.
TERMINATION OF WORK
Level 11 Design reserves the right to terminate this agreement under reasonable grounds after attempting to contact the client to resolve issues. This can be due to, but not limited too:
A project deadline being repeatedly postponed or missed due to the clients lack of communication
Dispute or aggression directed to the studio during an ongoing project
Late Invoice or Expense payments halting the projects continuation.
In the event of service termination, Level 11 design does not refund any partial payments or deposits.
DELIVERABLES
Where deliverable specifications such as dimensions, resolution or document formats are not specified in communications between the studio and the client, final designs such as logo designs, illustrations and commissions will be delivered in the format the studio deems best such as (A4 size, 300ppi, PDF, EPS, PNG etc).
PRINTING SERVICES
Services regarding printing and distribution of the created material will be quoted upon completion of this project if requested. Level 11 Design will quote the costs of printing based off our trusted offsite printer and will incur a fee for preparing documents, liaison with the printer and may incur a shipping fee if necessary.
COMMENCEMENT OF WORK
Work specified in this document will commence for the client upon Level 11 Design receiving both the “Quotation” and “Sign Off” sections from the client, signed and completed in full.
LATE DEPOSIT OR INVOICES
Invoices or deposits for work completed or to be completed must be paid by the client before the specified due date stated within the document or communication in which the client has received. Failure to provide evidence of payment by the due date will incur a 10% administration fee if a reminder is sent to the client.