Effective 1 June 2019, by approving an estimate, accepting any of my work or continuing to do business with me, it is deemed that you are in agreement to my terms. These supersede all other agreements you may have with me.
The term “Designer” refers to Kateryna Kovalenko, pasaje Marimon 21-22 ppal-1, 08021 Barcelona, Spain. Registered in Spain at the same address. VAT number: ESY1441465T
PRODUCT & SERVICES
- All fees and costs provided exclude VAT where applicable and are valid for 14 days from the date of the estimate (E&OE).
- The fees and costs stated when Designer provide an estimate are based upon what she anticipates the creative, time and production requirements to be based on previous experience and on typical processes, plus client cooperation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this in advance. Charges are unlikely to wildly deviate from those estimated unless required scope changes significantly.
- Designer recommends that clients use her preferred suppliers and is able to provide competitive quotations. Although clients are not contract-bound to use Designer to provide this service, it is highly recommended for quality control and seamless delivery. Should a client prefer to use their own print supplier, Designer will simply provide materials directly to the client. Should Designer be required to liaise with a client’s own supplier, she reserve the right to charge for her time in doing so as an additional fee, unless agreed otherwise.
- It is assumed that unless included as briefed scope of work, all copy, images and content will be provided by the client.
- Designer will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark.
- Depending on the type of project, estimates provided usually allow for a maximum of 3 rounds of client feedback / amendments; beyond this, additional fees / costs may be payable, although the client would be made aware of this in advance.
- Estimates provided for larger projects allow for occasional meetings at key stages for a reasonable length of time between Designer and client. Some meetings may incur additional charges for time spent or for those called by the client in relation to low-value projects that we deem to be commercially unviable for Designer to service.
- No work will commence until Designer has received approval of the estimate (verbally or via email) and a minimum advance deposit of 50% of the agreed costs (unless otherwise agreed in writing) has been received; this ensures Designer is fully equipped to provide the very highest levels of service and expertise, from project commencement to completion. This also applies if a project is delivered in stages, whereby a deposit will be required before proceeding to each new stage and payment of my invoices are made promptly.
- Unless otherwise agreed in writing, any balance of costs and fees will be payable upon project completion (e.g. on delivery of approved artwork, printed items, launching of website etc): failure to settle her invoices promptly may result in delays to project delivery where she reserves the right to halt any and all work being undertaken for the client.
- Unless otherwise stated above, or previously agreed in writing, all invoices are due within 7 days of any invoice date.
- Cancellation after commencement of work. Unless otherwise agreed, Designer reserves the right to retain all monies paid at the time of cancellation of any contract to compensate for loss of scheduled work (where she would have turned away other business to service your project / job). Where costs incurred and hours committed and expended by Designer exceed the monies paid at the time of cancellation, Designer reserves the right to invoice for the balance of agreed fees and / or any extra costs as agreed in line with the previously stated terms. Should a debt recovery organisation be instructed, Designer will further add interest in line with legislation and pursue the other party for all additional costs incurred in the collection of the debt owed.
- Where an estimate has been provided for a project to be tackled in stages, then each stage will require full payment before Designer progresses to the next.
- Schedule ‘creep’ – should any project exceed the overall agreed schedule, Designer reserves the right to invoice 25% of any outstanding estimate balance, with the remaining 25% payable on completion.
- Unless otherwise agreed in writing, work will usually commence within 5 business days after receipt of any advance invoice payment. Any anticipated completion date provided by Designer is subject to options chosen and client co-operation in provision of information, resource (brand assets, images, copy / content etc) and prompt approval. Designer will do her very best to ensure that agreed schedules are adhered to, but please be aware that circumstances where the client becomes uncontactable, large numbers of amendments are requested, or additional requests are made; may result in delays. Schedules provided are estimated and Designer will not be held liable if any project is held up due to delays in the client providing requested information, approval, third-party circumstances outside of Designer’s control, or force majeure / act of God.
- Depending on the type of project, estimates provided by Designer usually allow for provision of a minimum number of initial concepts with 2 rounds of feedback to allow for collaborative development prior to finalisation. In the unlikely event that the client is not satisfied with the work presented, at the Designer’s discretion, a further round may be provided. Should there be no agreement on direction at this stage; Designer reserves the right to potentially bring to an end any agreement with the client with no refund of any fees paid. An assessment will then be made by Designer on hours burned / work provided vs estimated fees, in order to agree if any further fees and costs are payable by the client within any sum agreed.
- At the end of each stage of the process (including – but not limited to – sending an item to print, or publishing a website etc) the client will be required to ‘sign-off’ by providing their approval either verbally or via email. No further work will be undertaken until Designer is in receipt of a sign-off at a key stage. Any amendments to work after a sign-off may incur additional charges for further time spent, although the client would be made aware of this in advance. It is the sole responsibility of the client to check all work thoroughly before sign-off. Designer accepts no responsibility for any typos, errors, incorrect information / content or otherwise, after client sign-off.
- Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for any in-house printing, consumables, travel etc. This is usually reflected as part of Designer’s hourly rates and will not be detailed as a separate line item on any estimate or invoice.
- Unless otherwise specified, estimates exclude the following where relevant: VAT at the applicable rate, printing, commissioned illustration, photography, stock images, image retouching, image scanning, copywriting, postage, couriers, travel (exceeding that allocated within the ‘standard disbursement charge’ above), website hosting, hard drives or other portable data drives, software licences, other third-party costs incurred (such as international bank charges where applicable) etc.
- Until all of the Designer’s fees and costs are paid in full; all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Designer. Full copyright and ownership of all ‘commissioned’ work will reside with Designer until full payment has been received, at which point Designer will automatically surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing and Designer’s right to use the work for self promotion in her portfolio, presentations, publicity and marketing. Should a legal ‘transfer of title’ be required by the client, this may be drawn up by Designer’s legal advisors at their prevailing rate.
- If requested, Designer will (at her discretion) provide the client with end-artwork or assets in their final form (e.g. editable PowerPoint, Keynote, Illustrator or Photoshop files). Designer does not automatically provide clients with original artwork or any working or development files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Designer for non-exclusive future use at her discretion. Should a client require ownership and provision of these, Designer will consider an appropriate fee.
- Designer will not at any time either directly or indirectly, use for her personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. She will act reasonably to protect such information and treat it as strictly confidential.
- The client agrees to indemnify Designer and keep her indemnified and hold her harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. Designer shall not be liable for any loss that may occur before, during or after the development and delivery of any project. Designer will not be held responsible for any delays, errors or losses arising from any third party.
- The client agrees to alert Designer in writing to any defects or problems in relation to any applicable work and services provided, within 7 days of delivery. Designer will not consider any claims made after this period. Furthermore, Designer will not consider any claim in relation to any other work provided to the client unless made within 30 days of the final project invoice. Any claims made will be considered and – if appropriate – forwarded to legal advisors.
- For all digital projects, unless specifically stated, the client will retain 100% ownership of the completed asset or website only (ownership is not applicable to proprietary software and programs and source code such as databases, e-commerce and/or content management systems, web application source code or video files unless otherwise agreed).
- Designer reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the client. Any outsourced job remains the property/responsibility of Designer and such services are deemed to be carried out ‘indirectly’ by Designer.
- Appropriate credit and acknowledgment for work produced by Designer should be attributed to ‘Katya Kovalenko’ where possible (for instance written in small text on the back of a brochure or in the footer of a website) and may be referenced for the Designer’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client. It is recognised that provision of a credit is not always possible due to design constraints.
- These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Designer reserves the right to change or modify these terms at any stage with immediate effect – including any agreements that pre-date these new terms, so please ensure you check this pager regularly. By agreeing to these terms, your statutory rights are not affected.
- These terms and conditions of business shall be governed by and construed in accordance with Spanish law and the parties submit to the exclusive jurisdiction of the Spanish courts.