TERMS AND CONDITIONS
An agreement (the “Agreement”) is made on a “Date” by and between the “Client” and the “Designer.” In consideration of the mutual agreement made herein, both parties agree as follows:
Work: The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agreed in advance and delivery of the Work by an agreed-upon deadline. Designer agrees that she will be the sole author of the Work, which will be original work and free of plagiarism. Designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.
Confidentiality: Designer acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, creative works, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterwards. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website (http://www.hothibiscusdesign.uk).
Fees: Client agrees to pay Designer fees as agreed on the above date on either a fixed price or hourly rate. Designer is responsible for the payment of local taxes with respect to the services she performs for the client as an independent contractor. The Client will not treat Designer as an employee for any purpose.
Invoices: Invoices will be delivered on completion of the Work or if ‘Progress billings’, these will be based on phases or milestones.
Payment terms: Full payment is due from the client within 30 days of receipt of the Designer’s invoice (“Net 30”).
Late payment penalties: Under the Late Payment of Commercial Debts (Interest) Act 1998, as the service provider, the Designer is entitled to claim late payment interest or compensation for debt recovery service costs when a payment remains unpaid after the date specified on the contract, which is 30 days after the delivery of the goods or service.
Client Approval: Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. printing, delivery etc.) Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
Cancellation: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the hours already completed by the Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights and original work created.
Acceptance of Terms: Client promises to pay for the services rendered by Designer for the Work as agreed upon. By signing the Agreement, Client agrees they have read, understood, and are considered legally bonded to these terms.