TERMS & CONDITIONS
The following Terms and Conditions of Service apply to all services provided by Judi DESIGN.
All work is carried out by Judi DESIGN on the understanding that the Client has read and agreed to these Terms and Conditions as outlined below.
01. DEFINITIONS
- ‘Judi DESIGN’, ‘ジュディー DESIGN’, ‘I’ mean Judith Cotelle, the designer.
- ‘Client’ or ‘you’ means a person(s) or company who engages Judi DESIGN for design and related services.
- ‘Quotation’ means the design quotation provided to the Client by Judi DESIGN
- ‘Project’ means the scope and purpose of the Client’s identified usage of the work product as described in the quotation.
02. QUOTATION
Proposals and offers are valid for a period of 30 days from the date issued. Judi DESIGN is not bound to honor offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed upon by both parties. This timetable must be agreed to within 30 days that the offer is valid. If an acceptable timetable has not been approved by both parties within 30 days of the offer being made, the offer is deemed to have expired.
All prices are in Japanese Yen.
Additional work that is outside the original scope and not provided for in the original quotation will be added to the final invoice.
Similarly, if the number of rounds of revisions indicated in the quotation must be exceeded, or if the revisions requested by the client imply a major amendment of the initial specifications in the middle of the project, a new quotation will be established.
03. PROJECT ACCEPTANCE
A copy of the written quotation or the letter of agreement is to be signed and dated by the Client to indicate acceptance and should be returned to Judi DESIGN by email, post, or signed via HelloSign. No work on a project will commence until either document has been received by Judi DESIGN.
04. DESIGN FEES
Fees for design services to be provided by Judi DESIGN will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Judi DESIGN has received this amount.
05. CONTENT SUPPLIED BY THE CLIENT
Text is to be supplied to Judi DESIGN in digital format as standard text (.txt) or MS Word (.doc) via email.
Logos and icons must be supplied in Adobe Illustrator/EPS format, original source files, or editable digital formats.
Images (photographs, illustrations) are to be provided in a high-resolution format at a minimum of 300dpi at actual size (JPG or PDF). Images must be of a quality suitable for use without any subsequent image processing, and Judi DESIGN will not be held responsible for any image quality that the Client later deems to be unacceptable.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, and data entry services.
It is preferred that all relevant content be provided to Judi DESIGN before commencement of work. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Judi DESIGN has the right to extend previously agreed upon deadlines for the completion of the project by a reasonable amount.
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, photographs and illustrations, registered company logos, names and trademarks, or any other material it supplies to Judi DESIGN for inclusion in the artwork. The conclusion of a contract between Judi DESIGN and the Client shall be regarded as a guarantee by the Client to Judi DESIGN that all such permissions and authorities have been obtained and that the inclusion of such material would not constitute a criminal offense or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Judi DESIGN and indemnifies the same from any claims or legal actions however related to the content of deliverables.
06. CHANGES AND REVISIONS
Any and all corrections, changes, or amendments to a project must be provided to Judi DESIGN in writing. Where only verbal instructions are received, Judi DESIGN shall not be responsible for errors or omissions due to misinterpretation of those instructions.
Feedback should be clear, concise, and specific. Excessive revisions, tweaks, and miscellaneous changes are subject to additional charges at the discretion of Judi DESIGN.
The Client agrees to provide feedback and approval in a timely manner. If late feedback leads to a delay in the completion of the work, Judi DESIGN has the right to extend previously agreed to deadlines for the completion of the project.
07. PROOF APPROVAL
Design and artwork does not include proofreading. The Client agrees to proofread and approve all final copy before the production of artwork. An email verification from the Client shall be conclusive as to the approval of all artwork prior to its release for printing. While Judi DESIGN takes all care to avoid errors, Judi DESIGN accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a Client. No refunds or reprints are given after a final approved design has gone to print due to oversights by the Client’s proofreading.
Judi DESIGN is not liable for loss, expense, or damage caused by any act or omission.
08. PAYMENT
Full payment (by bank transfer or credit card) is required before any print-ready artwork or final design(s) will be supplied to the Client.
Charges for design work do not cover the release of Judi DESIGN’s copyright design source files, including but not restricted to .indd, .psd, .ai or any other source files. If the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation.
09. COPYRIGHT / INTELLECTUAL PROPERTY
The Client understands and agrees that until payment is made in full, Judi DESIGN 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 Judi DESIGN can complete, exhibit, use, and sell the design(s) at its sole and absolute discretion. The Client also agrees that Judi DESIGN owns all of the concepts created before the client selects the final design(s).
Judi DESIGN 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 Judi DESIGN creates. The Client understands and agrees that Judi DESIGN 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 Judi DESIGN delivers to the Client. The Client will receive rights for the final design(s) only. The Client agrees that Judi DESIGN 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 Judi DESIGN’s design business (including through social media).
For any artwork(s) that Judi DESIGN creates for the Client, Judi DESIGN gives you the following rights: to print, publish, or distribute the final design(s) in the format as supplied by Judi DESIGN only. 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 Judi DESIGN without the written permission of Judi DESIGN. The Client agrees that they are not permitted to resell design(s) supplied by Judi DESIGN to a third party. If the Client wishes to purchase a right that’s not listed in this paragraph, the Client and Judi DESIGN will need to negotiate a separate license for such additional rights, and the Client will pay a separate fee.
10. CONFIDENTIALITY
Judi DESIGN agrees not to misuse or disclose any confidential information that may be made available by the Client.
11. RIGHT OF REFUSAL
Judi DESIGN will not include in her designs any text, images, or other data that it deems to be immoral, offensive, obscene, or illegal. All advertising material must conform to all standards laid out by all relevant advertising standards authorities. Judi DESIGN also reserves the right to refuse to include submitted material without giving reason.
12. LIABILITY
Due to variations in computer settings, on-screen color proofing may differ between monitors and devices, and it can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that Judi DESIGN is not responsible for any color variations that may occur between on-screen proofs and the final printed outcome.
Judi DESIGN makes every effort to maintain the highest possible work standards but cannot accept responsibility for any loss, expense, or liability of any kind incurred while preparing work for the Client. To the extent permitted by law, Judi DESIGN shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and hold harmless Judi DESIGN from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data, or otherwise, even if expressly advised of the possibility of such damages.
13. INCOMPLETE & CANCELLED PROJECTS
The Client, within 14 calendar days of receipt of each proof, shall notify Judi DESIGN of any corrections, changes or amendments the Client wishes to be made. Should the Client fail to contact Judi DESIGN within 14 calendar days of receipt of proof(s) and notify Judi DESIGN of any corrections, changes, amendments, or of final proof approval, Judi DESIGN reserves the right to consider the project complete, and issue an invoice for payment of work completed. In the event of a project termination by either party, Judi DESIGN will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
14. JUDI DESIGN’S RELATIONSHIP WITH THE CLIENT
The Client agrees that Judi DESIGN is an independent contractor and not an employee of the Client. Although the Client will provide general direction to Judi DESIGN, Judi DESIGN will determine, in its sole discretion, the manner and ways in which Judi DESIGN creates the design(s) for the Client. The work that Judi DESIGN creates for the Client under this agreement will not be deemed a “work-for-hire.” Whatever rights Judi DESIGN grants are contained in this document.
15. PROMOTIONAL USE
Judi DESIGN retains the right to publish and display any Client projects in Judi DESIGN’s portfolio, website, magazines, and other media or exhibits.