Terms and Conditions

01. Richardson Design and Illustration reserves the right to refuse to construct a piece of work which may be judged as unfit due to content or otherwise. This includes, but is not limited by, work containing adult oriented material such as pornography, work which promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and work which infringes copyright or are contrary to United States laws.

02. The acceptance of a commission shall be deemed as a contractual agreement between the client and Richardson Design and Illustration where agreement is provided either by email, telephone, mail or fax.

03. Richardson Design and Illustration cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

04. The client agrees to make available as soon as is reasonably possible to Richardson Design and Illustration all materials required to complete the work to the agreed standard and within the set deadline.

05. All material, both text and images, supplied by the client and used in the construction of the client’s work, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

06. Richardson Design and Illustration promises that it will hold and maintain in strict confidence any confidential information that you provide (such as proprietary technical or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.

Payment

07. A non-refundable deposit of 35% is required with any standard project before any design work will be carried out.

08. Full payment is required before any print ready artwork or final design(s) will be supplied to the client, or to a Richardson Design and Illustration print supplier.

09. Once the work has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the work, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for the work, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.

10. Richardson Design and Illustration agrees that the fee the client owes will cover in full all of the work listed in the initial quote. The client agrees that if asked to make changes or do other work for the client that is not covered in the original quote, an hourly rate of $45
per hour will be applied to this work and this payment will be in addition to all other amounts owed by the client. The client also agrees that if they ask Richardson Design and Illustration to do work outside the scope of the initial quote, extra time will be required to send the
final files for the design(s).

11. Any payment returned by the bank or credit card company will incur a $100.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.

12. Richardson Design and Illustration reserves the right to alter prices at any time without notice. If a client has commissioned any services from Richardson Design and Illustration prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

13. The client agrees that if asked to make changes or additions to the design(s) after the client approves the final files, the client and Richardson Design and Illustration will negotiate a separate additional payment for my time to make such changes.

Copyright/Ownership

14. The client understands and agrees that until payment is made in full, Richardson Design and Illustration owns full rights to each and every original design created for the client. If the client does not pay in full, the client agrees that Richardson Design and Illustration can complete, exhibit, use and sell the design(s) at its sole and absolute discretion. The client also agrees that Richardson Design and Illustration own all of the concepts created before the client select the final design(s).

15. Richardson Design and Illustration understands and agrees that after the client pays in full, the client will own rights (as defined in this document) to the final design(s) that the client approves and Richardson Design and Illustration creates. The client understands and agrees that Richardson Design and Illustration owns all of the concepts/preliminary designs created before the client selected the final design(s), except for elements in those concepts that are incorporated into the final design(s) that Richardson Design and Illustration delivers to the client. The client will receive rights for the final design(s) only. The client agrees that Richardson Design and Illustration will retain the right to use the final design(s) and all preliminary designs in design competitions, publications on design, educational purposes and in marketing Richardson Design and Illustration’s design business (including through social media). The client will be solely responsible to make sure that the design(s) Richardson Design and Illustration creates for the client will be available for use in commerce and protectable under trademark law.

16. If the work Richardson Design and Illustration creates for the client includes the design of a logo, Richardson Design and Illustration gives the client the full rights to use the logo design Richardson Design and Illustration creates in any and all media without restrictions of any kind. Additionally, Richardson Design and Illustration agrees that after the client pays in full, Richardson Design and Illustration will cooperate with the client and execute any additional documents reasonably requested by you to evidence such assignment of rights.

17. For any non-logo design(s) that Richardson Design and Illustration creates for the client, Richardson Design and Illustration gives you the following rights: To print, publish or distribute the final design(s) in the format as supplied by Richardson Design and Illustration only. Richardson Design and Illustration retains all ownership rights of all original artwork source files created for the client. No orginal artwork source files will be supplied to the client without written agreement from Richardson Design and Illustration, or the payment of a seperatly negotiated fee. The client shall not be allowed to re-create new artwork, or engage others to re-create alternative formats using the design(s) supplied by Richardson Design and Illustration without the written permission of Richardson Design and Illustration. The client agrees that they are not permitted to resell design(s) supplied by Richardson Design and Illustration to a third party. If the client wishes to purchase a right that’s not listed in this paragraph, the client and Richardson Design and Illustration will need to negotiate a separate license for such additional rights, and the client will pay a separate fee.

Liability

18. Richardson Design and Illustration will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

19. Richardson Design and Illustration will not be liable for costs incurred, compensation or re-prints during the printing process once the final artwork has been agreed by the client and has been supplied to the print supplier.

20. The client is advised to check and approve all artwork proofs. If the client declines the opportunity to approve the artwork proofs, Richardson Design and Illustration will not be liable for any costs incurred, compensation or re-prints during the printing process due to print or artwork errors.

21. If, during the development, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Richardson Design and Illustration will consider that the client wishes to cancel the commission.

22. Richardson Design and Illustration reserve the right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.

 Websites

23. Richardson Design and Illustration makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been created.

24. While every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Richardson Design and Illustration cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

25. Richardson Design and Illustration will initially place the client’s website on one of the Richardson Design and Illustration demonstration servers in order that the client may view and comment upon the website’s progress. When both Richardson Design and Illustration and the client agree that the website meets the criteria agreed during the commissioning process, Richardson Design and Illustration will invoice the client for the full amount due for the commission. On receipt of payment, Richardson Design and Illustration will publish the website on the client’s server, or provide the source code for the site via a download (or CD-ROM disc) for the client to upload.

26. Richardson Design and Illustration does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Richardson Design and Illustration to maintain or update a web site as a separate commission, Richardson Design and Illustration will negotiate with the client a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the client so wishes.

 Miscellaneous

27. The client agrees that Richardson Design and Illustration is an independent contractor and not an employee of the client. Although the client will provide general direction to Richardson Design and Illustration, Richardson Design and Illustration will determine, in its sole discretion, the manner and ways in which Richardson Design and Illustration creates the design(s) for the client. The work that Richardson Design and Illustration creates for the client under this agreement will not be deemed a “work-for-hire”. Whatever rights Richardson Design and Illustration grants are contained in this document.

28. Richardson Design and Illustration reserves the right to change or modify any of the terms and conditions.