Working together – you and D1 Creative

You are a client whose business we value. At D1 Creative we are committed to providing you with a high quality service which we will deliver promptly and efficiently. Our relationship with you is important to us. We sometimes find  that clients are unfamiliar with what is involved in the services being offered, the terms of engagement or the charges which can result. Therefore, we will explain here what we will do for you. We will also set out what we expect you to do for us – or, our terms of trade.

Any instructions received by D1 Creative from the client for the supply of our goods or services shall constitute acceptance of the terms of trade contained herein.

What we will do for you

Our aim is to provide you with high quality design service for print and web.

We will handle your instructions carefully, professionally and promptly.

We will endeavour to answer all your enquiries and telephone calls promptly.

We will listen carefully to any concerns that you may have about our service and take any appropriate action.

Unless otherwise permitted by you, all information received from you will be kept confidential and will only be disclosed to those who need to have that information in order for us to give effect to your instructions.

On completion of any work undertaken, we will supply all relevant files, in the format requested, either to you or other party as directed by you on a Licence Basis unless otherwise arranged.

What we expect you to do for us

D1 Creative will not commence work until you authorise us to do so by providing a purchase order, or your verbal or written instruction to either an estimate or quotation provided by D1 Creative. Unless expressly agreed to the contrary, you must supply the copy and perform sub-editing or copywriting. You warrant that you are entitled to use and to authorise D1 Creative to use all visual elements, written expressions, trademarks or other components that you provide to D1 Creative, and that you are solely responsible for obtaining any permissions associated with their use.
You must notify D1 Creative of any errors at sign-off stage.
D1 Creative accepts no responsibility for errors that you do not detect at sign off stage.

Instructions

We can act only on your clear instructions. Where instructions cannot be reasonably obtained from you, we may cease work until these are received, we will not accept responsibility for any consequence of our doing so.
At any time you may tell us to stop.

If you do, you will be liable at that point for fees and expenses we have incurred to that date. Unless you tell us to stop, we may continue working on the matter and you will continue to be liable for the on-going costs.

Archive

We will retain files in relation to your work on archive, at no cost to you, but the cost to retrieve and/or supply any data requested will be invoiced accordingly.

All care is taken to retain files. In the event of hardware failure, system failure or other error, D1 Creative in no way guarantees against any losses. D1 Creative is under no obligation to re-create any lost files or data.

Files retained on archive remain the property of D1 Creative.

Our charges

Our costs will be fair and reasonable for the work involved.
Our charges will be based on our normal hourly rates, calculated according to the time spent on the task, plus disbursements and Goods and Services Tax (GST)  (if applicable) and will be rendered to you in an invoice.
In some circumstances, our charges may also be influenced by any degree of urgency.

We may by prior arrangement agree to limit our fee to a certain level in the form of a quotation. Where a quotation is given it is assumed that no unexpected complications will arise. If unforeseen difficulties or changes occur, our fee may have to be altered. In this instance we will inform you at the earliest time possible when it becomes apparent.
In some cases, due to the nature of the work we are required to perform, we will not be able to provide a quotation for our work in advance. Instead we will give you an estimate or price range.

If the work with which we are dealing on your behalf is on-going, we will endeavour to issue interim accounts on a regular basis throughout the course of completing the work.

New or non resident clients

Where you are a new client to D1 Creative or operating outside of New Zealand, we may ask you to pay a deposit before commencement of work on your behalf.

Disbursements

We may need to incur certain disbursements on your behalf. These may include, without limitation, the cost of materials, printing, photobank images, photography, illustration, travel, accommodation, couriers, postage, toll calls and sundries. By instructing us to commence work, you authorise us to incur these and other such charges as are reasonably necessary to put your instructions into effect. D1 Creative will endeavour to inform you at the earliest time possible of any disbursements.

Payment of disbursements

We may need to pay significant disbursements on your behalf up-front. Sometimes, we can anticipate these expenses and will send you an account in advance. Otherwise these expenses will be included in a subsequent invoice.

Usage and intellectual property rights

You have no right to use any of the designs, plans, artistic works, trade marks, logos and other material created by D1 Creative (the D1 Creative artwork), until D1 Creative has been paid in full fees and expenses due. Your right to use the work will be based on either a restricted licence or a full buy-out as nominated in our estimate.

Intellectual property

Licence basis. Where services are rendered on a licence basis, the D1 Creative artwork is to be used only for the single purpose in the media and in the country expressly made known to D1 Creative when you commissioned D1 Creative. D1 Creative is, and remains, the owner of all right, title and interest in the artwork, including without limitation all copyright and other intellectual property rights.

Upon payment to D1 Creative of all such fees, D1 Creative grants you an exclusive licence to use the artwork for the single purpose in the media and in the country expressly made known to D1 Creative when you commissioned D1 Creative.

Without limiting D1 Creative’s rights, if the artwork is used for any other purpose, you must pay to D1 Creative such further licence fees as D1 Creative would, in the ordinary course of its business, charge for that purpose.

Buy-out basis. Where services are expressly provided to you on a buy-out basis, then, upon receipt of full payment to D1 Creative of all fees due under this agreement, D1 Creative by force of this agreement hereby assigns all rights in the D1 Creative artwork to you in all media throughout the world for the term of copyright without the need for further documentation.

Warranties and indemnities

(a) D1 Creative makes no warranty that the D1 Creative artwork will have any bearing on the commercial success of your products. It is your responsibility to ensure that the artwork complies with the requirements of any legislation regarding marketing, labelling, packaging or otherwise.

(b) You will indemnify D1 Creative from all claims arising from our use of any information or documentation supplied by you, or for any act or thing done by D1 Creative on your instructions or with your approval.

These terms and conditions cover all ongoing and future work undertaken by D1 Creative for you, unless otherwise varied with D1 Creative written consent.

Portfolio

D1 Creative may use the D1 Creative artwork and your name and identity (including by making further reproductions of the artwork and by their public display) but only for purposes of promoting and advertising its business, as part of its portfolio of works, on its website, and in advertisements, trade competitions or exhibitions relating to the promotion of these things.

Subcontracting

D1 Creative may use agents, sub-contractors or other third-parties in providing the services.

Confidentiality

You must keep strictly confidential any information made available by D1 Creative to you which is by its nature confidential, including any job sheet or quote, until that information: becomes generally known to the public (other than due to a breach of this clause); or is legally required to be disclosed by you.

Payment of account

Payment of our account is due 20th of the month following the date of our invoice. The expectation of prompt payment is reflected in our bills.

Unpaid accounts

If prompt payment is not received we may:

Charge you interest calculated monthly on the outstanding balance of the debt until payment in full is made. Interest will be charged at 2% per month or at such lower rate as we may agree on. The minimum monthly charge will be $5.00.

If there is not a satisfactory explanation for non-payment of the account, issue a letter requesting payment within fourteen days. If payment is still not forthcoming, we may initiate debt recovery proceedings. The amount sought will include an interest charge and the cost of recovery or attempting to recover the outstanding costs.

Withholding services on overdue accounts

We reserve the right to stop any further work for you if you have an outstanding debt to us and you have not entered into a satisfactory arrangement for payment. We will not accept responsibility for any consequence of our doing so.

Enforcement

D1 Creative may recover from you (as a debt owing) all costs D1 Creative incurs in enforcing these terms including debt collection costs and any legal costs as between solicitor and client.