Little Gem Design
Terms and Conditions
Little Gem Design will carry out all work on the understanding that you (the Client) have agreed to its terms and conditions.
Quotation
Little Gem Design will provide the client with a quotation at the time of the proposal. The quotation is valid thirty (30) days from the issue date.
Acceptance
The Client may send an email in reply to the proposal, which binds the Client to accept Little Gem Design's terms and conditions. Work on a project will commence once 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 over 14 days may be subject to an additional administration charge of 5% of the balance due. The Client will pay all debt collection fees incurred by hiring a third party.
Deposit
A 50% deposit of the total fee payable is due to secure your project start date and before work commences. Little Gem Design reserves the right to begin work once the deposit has been paid in full.
Final payment is due immediately upon completion or within 60 days (whichever comes first). It must be made before any finished artwork files are delivered, or the 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.
Feedback and refinement
The Client is entitled to two rounds of feedback and refinement of 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, b) would be inconsistent with the original proposal, or c) would increase the scope of work agreed to by Little Gem Design for the Project.
Work will be charged hourly if the feedback and refinements the Client requires do not meet the proposed instructions.
All requests for revisions and alterations by the Client must be in writing via email.
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.
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 errors once the client approves the file(s) for print. All files are to be approved by the client via email.
Charges for additional services
The final invoice will detail charges for additional services over and above the proposal.
Colour variation
There may be some colour variations between screen and printed artwork. When colours are converted from one colour space to another, screen (RGB) and print (CMYK) colours can appear different, lighter, darker, or less vibrant. Print results can also vary due to different combinations of printer, ink, and material used. Reprints due to colour variation are at the Client's expense.
Consultation
Where required, meetings will be included in each state as itemised in the proposal. Should an additional meeting be requested or special presentations required, this will be charged hourly 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.
Confidentiality
Little Gem Design may request passwords and details to fulfil the project requirements. 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.
Ownership
Little Gem Design retains copyright ownership for all finished work, including words, pictures, ideas, visuals, and illustrations. Ownership will then transfer to the Client only if this has been specifically agreed upon with the Client and only when full payment for the project is received.
It is to be understood that the Client does not own any development files or development designs but only a set of the finished artwork files.
The Client is responsible for ensuring 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.
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 it is agreed in writing that the master files will be released, for which an additional fee may apply.
Trademark
All design work involving a risk that another party may make 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 from such claims.
Cancellation
Project cancellations may be made initially by phone or email, and a formal written notification is 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. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately.
Working hours
Little Gem Design's work will be completed within the standard workweek (Monday through Friday, 9am – 3pm). It is closed on all major holidays and Christmas and New Year's week.
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 Client's website is designed and/or built by Little Gem Design, a link to Little Gem Design's website will be added at the bottom of the website.
Website project
When requesting a website to be made by Little Gem Design, the Client acknowledges responsibility for collecting content (text copy and images) and other relevant material required to complete the project and for providing that material to Little Gem Design by the project start date. If the Client is unable to provide the content on time, Little Gem Design will add placeholder content, and the Client will be responsible for adding content.
Little Gem Design will allow the customer to review the resulting work and 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 adjustments to the placement of items on the page. They do not include changes to images, colour schemes, or any navigation features.
Websites built by Little Gem Design are hosted by Rocketspark. The hosting fees are paid directly to Rocketspark. Website maintenance and technical updates are carried out by Rocketspark. Little Gem Design does not take responsibility if the Rocketspark website builder becomes outdated or obsolete.
Little Gem Design will not be held responsible and is not liable for any loss of income that may arise from the Client's website “going down,” being hacked, or being maliciously attacked.
Search engine performance (SEO)
Little Gem Design will carry out basic search engine optimisation for you as part of setting up your website. However, Little Gem Design can not guarantee where your website will be ranked, and any additional, ongoing specialist search engine work requested will be charged for.
Little Gem Design was established in 2013, a graphic design studio based in Lower Hutt, Wellington. Specialising in helping small businesses craft unique standout brands.
