Little Gem Design
Terms & Conditions
If you appoint Little Gem Design to prepare work for you on a project or ongoing basis, you are bound by the following Terms and Conditions.
Quotation
At the time of the proposal, Little Gem Design will provide the Client with a quotation. The quotation is valid for thirty (30) days from the date of issue.
Acceptance
The Client may send an email in reply to the quote which binds the Client to accept Little Gem Design’s terms and conditions. No work on a project will commence until this has been received.
Payment
Little Gem Design accepts payment via bank deposit. Invoices will be sent periodically, relating to work done to date. Payment for this invoice shall be made within seven days unless otherwise arranged. Accounts outstanding for a period in excess of 14 days may be subject to an additional administration charge of 5% of the balance due. All debt collection fees incurred by hiring a third party will be paid by the Client.
Deposit
A 50% deposit of the total fee payable is due before work will commence. At the discretion of Little Gem Design. Little Gem Design reserves the right not to commence any work until the deposit has been paid in full. Final payment is due before any digital files or website is launched.
Goods and Services Tax (GST)
All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
Client Approval
Before finalising each deliverable, Little Gem Design shall send a draft to the Client for approval. The Client may give: a) unconditional approval for Little Gem Design to proceed with the Project; or b) conditional approval subject to refinement. Any changes to the deliverables after approval may incur an additional fee.
Feedback and Refinement
The Client is entitled to two rounds of feedback and refinement to any deliverables submitted by Little Gem Design to the Client for approval. Any feedback and refinement must not be such that: a) the nature of the Deliverables would be changed; or b) would be inconsistent with the original quote; or c) would increase the scope of work agreed to by Little Gem Design for the Project.
If the feedback and refinements required by the Client do not meet the quoted instructions, work will be charged at an hourly rate.
All requests for revisions and alterations by the Client must be in writing via email.
Charges for additional services
Charges for any additional services over and above the quote will be detailed on the final invoice.
Consultation
Where required meetings will be included in each state as itemised in the quote. Should an additional meeting be requested or special presentations required, this will be charged at an hourly rate and detailed on the final invoice.
Right of refusal
Little Gem Design reserves the right not to undertake any work which in its opinion is or may be unlawful, offensive, or otherwise inappropriate.
Artwork approval
Little Gem Design will take all reasonable care to check proofs carefully for accuracy in all respects. It is the Client’s responsibility to check all artwork carefully, including spelling, grammar, images and colours. Text changes and corrections will not be taken over the phone and must be provided via email. Little Gem Design is not liable for any errors once the Client approves the file(s) for print. All files are to be approved by the Client via email.
Ownership
Copyright ownership for all work finished or otherwise, is retained by Little Gem Design including words, pictures, ideas, visuals and illustrations. Then ownership will transfer to the Client only if this has been specifically agreed with the Client and only when full payment for the project is received.
It is to be understood that the Client does not automatically own any development files or development designs, but only a set of the finished artwork files.
It is the responsibility of the Client to ensure that material provided to Little Gem Design, including any text, logos and/or images is not subject to copyright. The ownership of such materials will remain with the Client, or the rightful copyright or trademark owner. Little Gem Design takes no responsibility for issues arising due to using supplied material if it is found to be copyrighted to a third person or party.
Confidentiality
Little Gem design may request passwords and details to fulfil the requirements of a project. Little Gem Design will not misuse any confidential information that may be made available. The Client agrees not to disclose the fees charged by Little Gem Design or any confidential information we provide you. The Client is responsible for keeping any passwords and usernames issued by Little Gem Design confidential.
Master files
Little Gem Design retains the exclusive right of ownership of all original artwork files created by it. Master files are not included in the final price or estimate and are not considered part of the final deliverables. The Client is entitled to a copy of the final product i.e. the print-ready pdf – unless agreed in writing that the master files will be released for which an additional fee may apply.
Trademark
All design work where there is a risk that another party makes a claim should be registered by the Client with the appropriate authorities before publishing and legal advice sought as to its use. Little Gem Design will not be held responsible for any damages resulting from such claims.
Cancellation
Cancellation of projects may be made initially by phone or email, a formal notification in writing is then required within seven days. The Client will then be invoiced for all work completed over and above the non-refundable website deposit. The balance must be paid within seven days.
Schedule
Work done by Little Gem Design will be turned around within a reasonable no-rush schedule to be determined, where possible and mutually agreed upon at the start of each project. Later or weekend hours incurred to accommodate additional compressed deadlines if needed will be negotiated separately.
Working hours
Work done by Little Gem Design will be completed within the standard workweek ( Monday through Friday 9 am – 3 pm). Little Gem Design is closed on all major holidays and the entire week of Christmas and New Year’s.
File storage
Little Gem Design agrees to store all final electronic files created for the Client for a maximum of two years.
Portfolio use
Little Gem Design reserves the right to display any work in its portfolio. When a Clients website is designed and/or built by Little Gem Design a link will be added at the bottom of the website to Little Gem Design’s website.
Website project
Little Gem design uses third party services and open source technology for web design and development projects. Whilst every care will be taken to ensure the website and any scripts or programs are free of errors, Little Gem Design cannot take responsibility for any losses incurred due to malfunction of the website or any part of it.
When requesting a website to be made by Little Gem Design the Client acknowledges responsibility for collecting content and other relevant material required to complete the project and for providing that material to Little Gem Design promptly. Failure to deliver material to complete a project when requested may delay the delivery of services and may also result in increased costs being incurred. The Customer agrees that any such increased costs shall be charged by Little Gem Design and shall be in addition to the quote total.
Little Gem Design will provide the customer with the opportunity to review the resulting work. Little Gem Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes, or any navigation features.
Search engine performance
Little Gem Design will, as part of setting up your website, carry out basic search engine optimisation for you. However, we cannot and do not guarantee where your website will be ranked and any additional, ongoing specialist search engine work requested will be charged for.
Updated: 30 May 2022
