TERMS AND CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Karma Design. Please read these Terms carefully as they set out your rights and obligations when you engage Karma Design for any of their services and you must comply with these Terms. All work is carried out by Karma Design on the understanding that the client has agreed to these Terms and Conditions.
Ownership and Rights
The process of creating the ‘finished product’ for a client, requires the construction of source and/or master files. These files contain intellectual techniques and/or information. Whilst the ‘finished product’ is the licensed to be used for the client (upon full payment), the ‘source files’ remain the exclusive property of Karma Design.
The source (native) files (the files that were used to originally create the document, ie, InDesign™, Illustrator™, Photoshop™, Word™, PowerPoint™, Excel™, etc) sketches, illustrations, including electronic files, procedures and development files employed to create the agreed work remain the sole property of Karma Design unless specifically agreed and released in writing and after all costs have been settled. A charge for supply of source files will be incurred as it includes intellectual creative expertise, file retrieval, digital file/disc transfer, compensation for loss of (future) earnings. Source files will not be supplied until payment is received in full. This does not include unused intermediate ideas and concepts, which will remain the property of Karma Design. Also does not include purchased Fonts as it is illegal to hand them over – instead the font licences will need to be supplied in outlines and the client will have to purchase the font licences themselves.
For Commercial Confidentiality and Intellectual Property reasons, Karma Design source files cannot be accessed by any external company or contractors without prior consent of Karma Design. In the event that Karma Design (at our sole discretion) allows access by 3rd parties additional terms & conditions will apply. By allowing external parties to access these files, you unconditionally waive Karma Design for any liability that may be associated by changes to the files and backup files that we may hold.
Charges may apply to digitally transport large file sizes at the discretion of Karma Design and the client will be solely responsible for these costs. Karma Design will construct achievable ‘non-source’ file requests on any given request.
In the construction of Graphics, Animations and Data, Karma Design relies upon the information that is supplied by the client. While best practice is applied by Karma Design, it is the sole responsibility of the client to ensure the information is correct and the end result matches the data supplied. Clients unconditionally accept that the final proof supplied is correct and cannot hold Karma Design liable under any circumstances for errors and omissions.
Stock Content
While constructing Graphics, Animations and presentation, Karma Design may purchase stock photography or other stock assets or font licences. These images and fonts are licensed to Karma Design and are not transferable without written authorisation by Karma Design with the appropriate royalty fees. Images and fonts supplied by the client for artwork must be licensed by the client and the client accepts all liability for any infringing copyright. Once the images are supplied to Karma Design, we will use them without restriction in the project or any related projects – unless advised of any restrictions. All data is treated in commercial confidence, but will remain on our systems for integrity verification in the event of a dispute.
Whilst every effort has been made in ensuring that print-ready artwork is colour correct and free of errors, Karma Design can not be held liable for colour matching or production quality due to skipping the checking of printed proofs and press checking or any related/similar issues.
Copyrights and Trademarks
Copyright is retained by Karma Design on all design work including words, pictures, ideas, visuals, animations, and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Karma Design as fulfilling the contract. All other designs and concepts remain the property of Karma Design, unless agreed in writing that this arrangement has been changed. By supplying text, images and other data to Karma Design for inclusion in the customer’s literature or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. The customer agrees to fully indemnify and hold Karma Design free from any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.
Design Charges
Prices quoted for all work are estimates only and are based on the initial brief from the client. Any changes, corrections or work additional to the original brief will be charged at an hourly rate (or a preagreed fee negotiated by the client and Karma Design). Charges for design services to be provided by Karma Design, will be set out in a written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 30-50% of the quoted fee will become immediately due. Work on the project will not commence until Karma Design has received this amount. All work conducted by Karma Design at the request of the Customer, and without an agreed quotation will be charged at an hourly rate. Charges are not negotiable once work has commenced. Karma Design will raise and send mid-project timesheets and invoices regularly during an active project. These mid-project invoices are not tied to specific project milestones and may not be tied to specific dates, and can be weekly, bi-weekly, or issued for a specific number of work-hours (ie: 20 work-hours). Our studio and business model is set up to operate with a pre-payment method, ensuring that the work and finances progresses equally with time, and as such, mid-project invoices that are not settled in time (usually these pre-discussed mid-project invoices are to be settled within 7-14 days after raising) will result in the project put on-hold, and a project re-initiation fee will be charged to compensate for the changed studio/service scheduling.
The client must make reasonable attempt to finish the project after the first delivery of artwork by Karma Design within 60 days. For all projects unfinished, full payment will become payable after 60 days of no communication from the Client. Should the Client wish to continue the project after 60 days, full settlement of the invoice is required first and any other pre-agreed charges will be need to paid in advance.
Charges for Other Services
Charges for any additional services (ie: agreed third party contractor (printing) fees) over and above the estimated design, will become fully payable (100% of the quoted/estimated amount) at the time of estimate or quotation acceptance.
Payment
The client will be provided with an Invoice with the final issue/delivery of artwork or publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days from the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. If the services of a debt collection agency are required to receive payment of this account, the cost collection will be added to the invoice.
Supply of files by the client
It is the responsibility of the client to supply correct, proofed text files in an agreed format and file type. Any changes or corrections to original text supplied will be charged at an hourly rate (minimum of one hour). It is the responsibility of the client to supply appropriate resolution photos and images in an agreed file type. Karma Design takes no responsibility for the print quality or resolution of images provided by the client.
Final art approvals and changes
It is the responsibility of the client to proof all artwork and production files before sign-off and/or production. Karma Design takes no responsibility for errors in typography, spelling, grammar, formatting or file errors. Any changes or corrections made by the client subsequent to the issue of final artwork will be charged at an hourly rate (minimum of one hour). Karma Design may extend or modify any delivery schedule or deadline as may be required by such changes. Re-issue of artwork on disk, via e-mail or ftp upload will be charged at an hourly rate (minimum of one hour).
Showcasing Artwork
Karma Design reserves the right to show any artwork, ideas and sketches created for Projects in a portfolio, in various online galleries and in project process posts as examples of client work. If you are unhappy for Karma Design to display your artwork in portfolios and in other online inspiration galleries, please discuss this with Karma before proceeding with any projects. A non-disclosure agreement can be signed on request.