Terms & Conditions

Design Charges

• Once a payment, a deposit is made or the project is already on board, it is non –  refundable payment.

 

Source Files

• We will supply source files (Ai) and JPEG files.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Brand Café Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. All work is carried out by Brand Café Design on the understanding that the client has agreed to Brand Café Design’s terms and conditions.

 

Copyright and Ownership

Except for the retained rights described in the paragraph below, all services provided and all materials Brand Café Design produces on your behalf will become your property upon full payment of our invoices.

 

Brand Café Design retains the right to:

• use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
• add your firm to our client list; and
• use your work in design competitions, publications, exhibitions, or other promotional purposes.

 

Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 20 days of submission to you, will remain Brand Café Design’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation. 

 

Authority

The Client and Brand Café Design each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Brand Café Design, and enforceable in accordance with its terms.

Entire Agreement

This agreement represents the entire agreement between you and Brand Café Design, and may only be changed or modified in writing and with the approval of both parties.

 

Timelines

Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.

 

Fee & Alterations

Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval have been given for a specific stage of design, documentation, or preparation of artwork.

 

Rushed or Prolonged Work

Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate of 50% of Brand Café Design hourly rate.

 

Approval

The Client will appoint a single representative to provide the necessary information required by Brand Café Design and to provide approvals.

The Client will be required to proofread and approve all elements of the final designs. Approval must be provided before production can continue and artwork is released. Any corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for Brand Café Design to revise and resubmit for client approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorised by the Client to approve artwork for release and production.

Email authorization from you will constitute authorization and approval to carry out work defined in the Marketing Services.

 

Quality of Source Materials Provided by The Client

Additional charges will apply when materials are submitted by the Client in a form that prevents them from being readily used and applied to recognized professional standards. An example would be to recreate a low-resolution logo image file into a vector file.

 

Production

In those instances where the Client assumes responsibility for production, printed proofs, copies, prototypes and mock-ups must be approved by Brand Café Design prior to use. Brand Café Design shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates will apply).

When Brand Café Design is engaged in a supervisory function and assumes responsibility for production on behalf of the Client, the Client agrees to abide by the decisions made by Brand Café Design.

 

Payment

Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:

•       Full payment upon contract acceptance

 

Design Credits

The Client agrees that Brand Café Design is entitled to claim authorship of the design, and will be permitted editorial credits to Brand Café Design on all published or manufactured work. The Client must obtain Brand Café Design’s consent in writing before Brand Café Design’s name is reproduced in any finished product or other published material by the Client.

 

Samples And Copies

The Client may provide Brand Café Design with a number of samples or photographs of each printed or manufactured design. These samples will represent the highest quality of work produced.

 

Indemnity

The Client will provide accurate and complete information and materials to Brand Café Design, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow Brand Café Design to use them for the project.

We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorized use by others of your property.

Brand Café Design is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by Brand Café Design for errors or damages resulting from such errors.

Brand Café Design will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond Brand Café Design’s control.

You agree to indemnify Brand Café Design, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to Brand Café Design by you or in relation to the use by you, or anyone else, of materials produced by Brand Café Design at your request.