The following Terms and Conditions of Service apply to all products and services provided by The Design Assassin.
All work is carried out by The Design Assassin on the understanding that the client has read and agreed to The Design Assassin‘s terms and conditions.
Copyright is retained by The Design Assassin on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs or a number of concepts are presented, only one solution is deemed to be given by The Design Assassin as fulfilling the contract. All other designs and concepts remain the property of The Design Assassin, unless agreed in writing that this arrangement is otherwise.
Project acceptance shall occur upon clearance from the client, via written form – such as email or letter. For those projects involving quotations and estimates, The Design Assassin would provide the customer with a written estimate or quotation. The Terms and Conditions of which can be read on The Design Assassin‘s website. *Please note. Not all projects involve quotes and estimations. Given the nature of the jobs requested and undertaken, the bulk of the work I do involves pay by the hour at a set rate. These rates will be indicated prior to commencement of work.
A copy of the project brief or written estimate and/or quotation (where applicable) is to be signed and dated by the customer to indicate acceptance and should be returned to The Design Assassin. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept The Design Assassin‘s terms and conditions. All green-lighted projects shall be subjected to the signing of a simple agreement or contract before work can begin. After some less than stellar experiences, this is to protect both parties and avoid confusion. No work on a project will commence until such documentation has been received by The Design Assassin.
Charges for design services to be provided by The Design Assassin, will be set out in the project brief order or the written estimate / quotation (if applicable) that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of either: a) a nominated amount for pay-by-the-hour assignments or b) 30-50% of the quoted fee will become immediately due. Work on the project will not commence until this amount has been received and cleared by The Design Assassin.
New clients are subject to the 50% down payment fee, whereas existing clients may have that fee reduced. For projects involving pay by the hour (as is most common) customers will be advised of the hourly rate and an agreed-upon down payment fee designated. Once again, work on the projects will not commence until the design assassin has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, such as sub-hires, software, outsourced needs, will become fully payable (100% of the quoted amount for such components) at the time of estimate or quotation acceptance.
Fixed costs shall be payable prior to commencement of the project when known. Variable/unknown cost (such as sub hires, outsourced services, hosting, domain registration and printing costs), should be payable as they occur or become known to The Design Assassin.
The Design Assassin realises that sometimes there are jobs that need urgent completion. In these instances we offer a Priority Service, which can be provided for an extra nominal fee. After hours, weekend and overnight work may also attract an extra surcharge.
The customer will be provided with an Approval Form/Email and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form/Email to The Design Assassin. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount, unless otherwise arranged and agreed to in writing, before that time elapses.
Any invoice or account more than 90 days outstanding, with no prior arrangement or contact will attract a 20% fee on the total outstanding amount.
Payments may be made by cash, bank cheque, or direct deposit (preferred method). For overseas customers International Money Order, International Bank Wire or previously agreed electronic funds transfer is acceptable. Contact The Design Assassin from more information, should you have any queries. All fees and charges associated with other payment options will be at the payee’s expense.
Publication and/or release of work done by The Design Assassin on behalf of the client, may not take place before cleared funds have been received. This includes files, media, graphics, or going live with a website.
Returned cheques will incur an additional fee of $50 per returned cheque. The Design Assassin reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque*. The Design Assassin shall be considered entitled to remove The Design Assassin and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay The Design Assassin reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
*unless prior arrangements have been made and agreed to in writing by The Design Assassin, the client is responsible for contact and advanced communication to make such arrangements.
Copyrights and Trademarks
By supplying text, images and other data to The Design Assassin for inclusion in the customer’s print material, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by The Design Assassin on behalf of the customer, will remain the property of The Design Assassin and/or its suppliers.
The customer may request in writing from The Design Assassin, the necessary permission to use materials (for which The Design Assassin holds the copyright) in forms other than for which it was originally supplied, and The Design Assassin may, at our discretion, grant this. Such permission must be obtained in writing before we will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to The Design Assassin, the customer grants The Design Assassin permission to use this material freely in the pursuit of the design.
Should The Design Assassin, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow The Design Assassin to remove and/or replace the file on the site, according to copyright restrictions.
The customer agrees to fully indemnify and hold The Design Assassin free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. Subsequent to the amount initially provided.
Projects that dramatically change from the original course are usually considered a new project and may be subject to a new or renewed agreement that appropriately covers the amendments, divergence or alterations.
The customer also agrees that The Design Assassin holds no responsibility for any amendments made by any third party; before, during or after a design is published. Fixing any loss of data caused by misuse or third parties, will also be billable at the nominated amount (usually the hourly rate).
Any design, copywriting, drawing, idea or code created for the customer by The Design Assassin, or any of its contractors, is licensed for use by the client on a one-time only basis (unless specified beforehand) and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Design Assassin and any of its relevant sub-contractors.
All design work – where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing, or first use or searches, and legal advice sought as to its use. The Design Assassin will not be held responsible for any and all damages resulting from such claims. The Design Assassin is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold The Design Assassin responsible for any such loss or damage. Any claim against The Design Assassin shall be limited to the relevant fee(s) paid by the customer.
Image & Data Formats
The client agrees to The Design Assassin‘s definition of acceptable means of supplying data to the company. **See The Design Assassin’s FAQ /Help Centre for more info on correctly supplying text, images and other content.
Text is to be supplied to The Design Assassin in electronic format as standard text (.txt), MS Word (.doc, .docx) on DVD (DVD+R, DVD-R), CD-ROM, or via e-mail. Alternative delivery methods also accepted include USB thumb drives, external hard drives (with USB 2.0 or USB 3.0 component). For digital delivery of files larger than 10 MB, you can send via the free online delivery utility You Send It: www.yousendit.com (limited to files of 25MB for free accounts – ZIP or RAR files if there are several), or use SugarSync: www.sugarsync.com or Dropbox: www.dropbox.com.
Images which are supplied in an electronic format are to be provided in a format as prescribed by The Design Assassin via the same methods listed above for delivery of text. Images must be of a quality suitable for required use (images not readily usable may incur charges for subsequent image processing), and The Design Assassin will not be held responsible for any image quality which the client later deems to be unacceptable where usable files have not been supplied. The Design Assassin cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by The Design Assassin of a design project’s duration is to be considered by the customer to be an estimation. The Design Assassin cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by The Design Assassin for the initial payment or by date confirmed in writing by The Design Assassin.
Rights of Access for Website Construction
The client agrees to allow The Design Assassin all necessary access to website roots, computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow The Design Assassin access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply The Design Assassin with all necessary materials and specs, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner according to the guidelines listed.
Where progress evaluations are required, the client agrees to respond in a timely manner or inform us of when they can respond. The Design Assassin will not be held responsible for any delays or issues that may arise out of failure to comply with timely responses.
Design Project Completion
The Design Assassin considers the design project complete upon receipt of the customer’s signed Approval form/email. Later additional services such as printing, display panel production, film work, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, The Design Assassin will provide the customer with the opportunity to review the resulting work. The Design Assassin will make one set of minor changes at no extra cost within 14 days of the start of the late-stage review period, which must be received in writing. Minor changes include small textual changes, correction errors and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, approved or any navigation features. Any minor changes can be notified to The Design Assassin by email or post.
The Design Assassin will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The Design Assassin does not currently offer in-house hosting services. The Design Assassin can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service or downtime whatever the cause. The Design Assassin may request that clients change the type of hosting account used if that account is deemed by The Design Assassin to be unacceptable because of poor service, lack of bandwidth, security issues or is in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and The Design Assassin is not liable for their payment.
The Design Assassin cannot guarantee the availability of any domain name. Where The Design Assassin is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. Common choices or common names may require an alternative option for example: “www.ebbonline.com” should “www.ebb.com” be taken. Customers are responsible for the ongoing costs of operating. If The Design Assassin is not required to webmaster the site, clients are responsible for ensuring all operating costs and details are kept up to date.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, The Design Assassin cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow The Design Assassin to place a small credit on printed material exhibition displays, advertisements and/or a link to The Design Assassin‘s own website on the customer’s website. This will usually be in the form of a small logo or unobtrusive line of text placed towards the bottom of the page.
The customer also agrees to allow The Design Assassin to place websites and other designs, along with a link to the client’s site on The Design Assassin‘s own website for demonstration purposes and to use any designs in its own publicity or portfolio.
Rights of Refusal
The Design Assassin reserves the right to choose not to include in our work, any text, images or other data which it deems to be extremely immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Design Assassin also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that The Design Assassin does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow The Design Assassin to remove the contravention without hindrance, or penalty. The Design Assassin is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by contact through phone or e-mail, however, following this, The Design Assassin will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The Design Assassin within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
The Design Assassin makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Design Assassin will not be held responsible for any and all damages resulting from products and/or services it supplies. The Design Assassin is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While all reasonable steps are taken to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The Design Assassin responsible for any such loss or damage. Any claim against The Design Assassin shall be limited to the relevant fee(s) paid by the customer.
The Design Assassin reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Design Assassin will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
The Design Assassin and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Design Assassin recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Design Assassin reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. For any additional requested changes that take place while rate changes have ensued, the client shall be notified.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design, creative and/or any other services offered by The Design Assassin validated by the customer’s signature on the estimate or quotation form/agreement by email, constitutes acceptance of the estimate or quotation, agreement to comply fully with all the Terms & Conditions, and forms a Contract for Business between the signatory and The Design Assassin.
Any further queries can be directed towards The Design Assassin by email or methods on the contact page.
And A Final Word On Spec Work
The Design Assassin provides a professional service and will accept jobs based solely on our own discretion. Whilst happy to undertake charitable work, we do not partake in spec work of any kind. The reason for this is that we realise that our work has value and that successful creative work is not merely guesswork, but involves understanding and collaboration between both client and designer to find the best solutions.
Creative and design work involves more than ‘pressing magic buttons’ and knowing about software. Being able to use Photoshop does not make one a designer. Excellent design takes great knowledge, technical skill, understanding of rights and copyrights, innovative talent and expertise in a vast range of areas. It also takes years of dedication and education.
Creative services are The Design Assassin‘s profession and livelihood, and as other business owners would respect, we are unable to simply give away our services for free. If you are seeking ‘try before you buy’ solutions then there are many amateur competitions and ‘contest’ options available on the internet. Just be aware that you get what you pay for if you choose to go down this path.