Here’s the terms and conditions under which I, Jonathan Sander, work. As a client, please ensure you read through them and ensure you fully understand them before I commence work. Please also note that from time to time I may need to alter these terms and conditions without notice. Please contact me if you do not understand any of the terms and conditions on this page.
Commencement of work
Agreement to work with, confirmed via written or electronic mail and submission of a design brief and/or payment of deposit to Jonathan Sander constitutes agreement to these terms and conditions.
Payment Terms
Jonathan Sander reserves the right to request a 50% deposit of the quoted amount to commence any design project, with the balance payable on project finalisation. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. In the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited. In the instance where a 50% deposit was not requested prior to commencing work,“The Client”will be invoiced for 50% of the quoted project amount by Jonathan Sander.
Design samples
“The Client”also agrees to allow Jonathan Sander to showcase any/all work created in the course of a project as part of Jonathan Sanders portfolio. Jonathan Sander acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Force Majeure
Jonathan Sander shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Jonathan Sander. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
Liability
It is agreed that all work and materials provided for “The Client”by “Jonathan Sander” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “Jonathan Sander” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall Jonathan Sander be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Jonathan Sander including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Artwork
While Jonathan Sander takes all care to avoid errors, Jonathan Sander accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
Print Returns And Refunds
It is agreed that the Jonathan Sander is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Jonathan Sander will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Jonathan Sander of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Jonathan Sander within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project must be prepaid.
Print – Colour Variations
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Jonathan Sander.
Copyright
Jonathan Sander retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Jonathan Sander. Jonathan Sander may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Jonathan Sander Studio retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Jonathan Sander retains ownership of all artwork and website architecture. Jonathan Sander reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Jonathan Sander reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Jonathan Sander all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Jonathan Sander shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Jonathan Sander till such time an agreement is in place. As part of Jonathan Sanders terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. Jonathan Sander reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Jonathan Sander in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Goodwill
This proposal assumes goodwill from both Jonathan Sander and “The Client” regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Termination policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Jonathan Sander. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by Jonathan Sander and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $100 per hour.
If a project is cancelled by Jonathan Sander, due to unforseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Jonathan Sander.
Confidentiality
It is agreed that employees of “Jonathan Sander” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorised representative of “Jonathan Sander” prior to the commencement of work outlined in this submission.
Freelance contractors and confidentiality
All contractors employed by “Jonathan Sander” are held to a strict confidentiality and nondisclosure agreement. Contractors of “Jonathan Sander” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Jonathan Sander”. If this was to be breached by the contractor “Jonathan Sander” will take swift and reparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “Jonathan Sander” and acting
Disclaimer
Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such Jonathan Sander take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Jonathan Sander cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Jonathan Sander. I try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Jonathan Sander will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Jonathan Sander has no control over websites that are linked to on this website.
Those third party websites are under the control of their owners, and Jonathan Sander will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.