Terms & Conditions
If you appoint Joanna Bury Design Studio to prepare work for you on a project or ongoing basis, you are bound by the following Terms & Conditions.
The Client : Also referred to as ‘You’, the company, business or client, authorized representative of the client, or individual requesting the services of Joanna Bury Design Studio.
Joanna Bury Design Studio: Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
The Project: Joanna Bury Design Studio will issue you with an estimate and/or proposal either verbally, by post or via email outlining our interpretation of your brief, the scope of works, work method, deliverables and limitations of service. For the purposes of this document, The Project may also be titled ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.
ACCEPTANCE – Acceptance of the estimate/proposal Joanna Bury Design Studio provides you with is deemed acknowledgement and agreement to the following terms and conditions. Fixed Fee components of estimates are firm for three months from the date of proposal. Estimates not accepted within that time may be subject to adjustment.
PAYMENT – Joanna Bury Design Studio accepts payment via direct bank deposit or check. Invoices will be sent periodically, relating to work done to that date. The client agrees to settle accounts within 14 days of receipt of invoice. Accounts outstanding for a period in excess of 30 days may be subject to an additional administration charge of 5% of the balance due. Joanna Bury Design Studio will be under no obligation to proceed to an ensuing stage of the project until all outstanding invoices have been met in full.
CONFIDENTIALITY – Joanna Bury Design Studio may ask you for passwords and details in order to fulfill the requirements of the Project. Joanna Bury Design Studio undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by Joanna Bury Design Studio or any confidential information we provide to you. The Client is responsible for keeping confidential, any passwords and usernames issued to them by Joanna Bury Design Studio.
EXCLUSIVITY – Joanna Bury Design Studio does not work on an exclusive basis unless this has been specifically negotiated.
DEPOSIT – A 50% deposit of the total fee payable under our proposal for The Project is due before work will commence. At the discretion of Joanna Bury Design Studio, The remaining amount will be due in accordance with the project stages outlined in your proposal. We reserve the right not to commence any work, or further project stage, until the deposit has been paid in full, or fees payable for previous work have been paid in full.
MODIFICATIONS & ADDITIONAL/OPTIONAL/RECOMMENDED SERVICES – Any modification or alteration which increases the time to complete a design (beyond the proposed and stated deliverables) may result in supplementary charges. We will do our best to promptly notify you when moving into additional design time and you will be charged for such additional design time at our quoted hourly rate OR at the fixed fee attributed to that service. If your proposal or estimate contains items marked Additional, Recommended or Optional, you will be charged for these in addition to the total of base deliverables stated.
DISBURSEMENTS & OUT OF POCKET EXPENSES – Fees for Joanna Bury Design Studio’s professional services do not include outside purchases such as, but not limited to, web hosting and domain services, themes and add-ons, widgets and plugins, printing, photography, stock imagery, color printouts, illustrations, shipping and handling or courier service. Expenses are itemized on each invoice. If consultant, training or supervisory services are required in out-of-town locations, we will bill accommodation, meals, and transportation at cost. Reimbursement for mileage is calculated at our then-current rates. These items will not be accrued without your prior knowledge. Known anticipated disbursements will be itemized in The Proposal.
TIME – Fees estimated in this proposal are done so for the purpose of budgeting. The costs are generated from experience based on similar projects. Fees are subject to change. Should there be any additions or alterations to the brief, Joanna Bury Design Studio will keep the client informed of both work and fee status during the design and production program. If The Client does not provide expected information or respond to Joanna Bury Design Studio in a reasonable amount of time, the timelines for the project may be affected. Joanna Bury Design Studio will not be liable for any loss or damage resulting from such estimated time periods not being met.
CONSULTATION – Where required, milestone meetings/calls/training sessions will be costed into each stage as itemized in The Proposal. Should additional meetings be requested or special presentations required, these will be charged at the hourly rate and reflected on the invoice. You will be notified if a meeting or call is in excess of the anticipated project scope.
PROJECT DELAYS AND CLIENT RESPONSIBILITY – Joanna Bury Design Studio will let you know of any required information/copy/imagery/services etc upon The Project proposal being accepted. Any time frames or estimates that we give are reliant upon you providing Joanna Bury Design Studio with accurate and timely information and materials. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a reliable basis in order to expedite the feedback process. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
COMMUNICATION – Once payment has been received and The Project has commenced, you must be available via email or phone, able to answer all questions and complete tasks throughout the design and development process. If you require to discuss details of your drafts by phone, please let us know with anticipation to make the proper arrangements.
NATURE OF COPY – The Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations, and shall only provide us with true, accurate and correct information and details. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. You promise not to provide to us, or request us to include in a Project, any material that infringes the law or any third party rights. Joanna Bury Design Studio will not be held liable for any legal infringements as a result of artwork being distributed or published under client direction. You indemnify us from all third party claims made against us in connection with materials included on your website (or otherwise connected with your Project) at your request.
ARTWORK APPROVAL, ERRORS AND OMISSIONS – Joanna Bury Design Studio will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, is it considered the client’s responsibility to check all artwork carefully before final sign off on the artwork approval sheet. Joanna Bury Design Studio is not liable for errors or omissions once this sheet is signed. Your signature (or electronic recognition) or that of your authorized representative is required on all illustrations or artwork prior to release for printing or other implementation.
CANCELLATION – Should the project be postponed or cancelled by the client, then the client shall be liable for our fees, costs and expenses up to the time Joanna Bury Design Studio is notified in writing of such cancellation.
LIABILITY – To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations (which are not included in these terms and conditions) in relation to the provision of the services or any other goods or services delivered by Joanna Bury Design Studio are expressly excluded, and our entire liability, and the client’s sole remedy, is limited (at our discretion) to: (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied. The client agrees that in no event will the liability of Joanna Bury Design Studio exceed the fees actually paid by the client to Joanna Bury Design Studio. Further, Joanna Bury Design Studio will not be liable in any way for any consequential damage which may be caused as a result of any alleged negligence or breach by us of these terms and conditions.
Unless specifically agreed in writing, Joanna Bury Design Studio owns the copyright to any bespoke visual design work created for The Project. Any third party photography, stock imagery and copyright materials will remain the property of the respective third party and, where appropriate, will be used under the license agreement to which they are distributed. Joanna Bury Design Studio agrees to provide access to the terms of the license relating to such third party copyright, if requested by the client.
Upon final project payment, Joanna Bury Design Studio agrees to provide final files relating to the Project in a manner that allows The Client to utilize and produce the requested deliverables.
PORTFOLIO USE – After the completion of The Project, we might include the design we created for you in our Portfolio and do a mini-feature on our site. This feature is for design purposes only and if you decide you don’t want to be included please let us know before the finalization of your project. You may also be asked to fill in a questionnaire with the option to include a testimonial paragraph for the Joanna Bury Design Studio website. You are under no obligation to do so but your feedback is always appreciated.