General Terms

  • These Terms become effective upon the acceptance of this estimate.
  • Tristan Kerr has the right to request a 50% deposit before commencing production.
     

Cancellation

If the client cancels the work after commencement for any reason other than due to the fault or negligence, the client agrees to pay Tristan Kerr:

  • 30% of the final fees if the cancellation occurs after preliminary concept stage (including sketches or vector design)
  • 50% of the final fee if cancellation occurs after revised concept design and/or design development stages (including vectorised design).
  • 100% of the final fee if the cancellation occurs after revised design development or final artwork.


Estimates & Payment Terms

  • Our Payment terms are within 30 days.
  • Fair payment provision applies to payments later than 30 days from the date of invoice. 10% Penalty interest rate applies to the amount outstanding for more than 30 days.
  • Cost estimates are valid for 30 days and are to be approved prior to commencing work.
  • Cost estimates include all reasonable allowances for time, however any work outside of the original specifications or scope (including author's corrections) will be charged at an hourly rate of $100.00 + GST. 
     

Author's Corrections 

These are extraordinary charges that are the result of changing information from the client and the reassessment of original requirements. Includes:

  • Making amendments beyond the scope of the original work
  • Alterations to supplied text and images
  • Additional changes resulting from client requests
     

Artwork Usage

  • Rights associated with imagery and graphics developed by Tristan Kerr or third parties used in or associated with the project are not transferred unless otherwise stated and remain the property of Tristan Kerr. Where an identity is developed for a ‘limited’ application or market and requires extended application for wider use a fee will apply to extend the usage rights of the identity.
  • All rights and title of goods does not pass to the client until all accounts are paid in full
  • The rights to all unused concepts, created in the course of project development remain the property of Tristan Kerr.
  • The client agrees that examples of the work created by Tristan Kerr, whether copyright and moral rights have been assigned by this agreement or not, may be displayed on Tristan Kerr’s website and on other material and media for promotional and marketing purposes.

Trade Marking & Copyright

  • The client intending to use graphics or artwork created by Tristan Kerr that may be subject to copyright, trademark and other intellectual property rights must ensure that all appropriate licenses, permissions and trademark clearances are in place. 
  • The client shall fully indemnify, hold harmless and defend Tristan Kerr from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses, whether or not involving a third party claim, which arise out of or relate to (1) any breach of any representation or warranty of Company contained in this Agreement, (2) any breach or violation of any covenant or other obligation or duty of the Client under this Agreement or under applicable law, in each case whether or not caused by the negligence of Tristan Kerr and whether or not the relevant Claim has merit.

 

Terms & Conditions applies from 01.06.16