Standard Service Agreement

Quotation

The scope of work described in the quotation shall be considered as a whole in consideration of the price quoted. Any alteration of the scope of work or the price without the consent of both Hello Design Studio and/or hds - advertising, marketing, design and the client shall constitute a cancellation of this agreement.
A quotation not accepted within thirty (30) days is subject to review. All expense estimates are based on trade and material costs at the time of quotation, and may change to reflect prices at the time of purchase.

Execution of Work

Hello Design Studio and/or hds - advertising, marketing, design agrees to execute this project with the due diligence of a skilled professional in the Graphic Design and Advertising profession. Every effort will be made by Hello Design Studio and/or hds - advertising, marketing, design to adhere to the production schedule, to fulfill the demands of the project, and to meet the client’s needs. The client will not directly supervise Hello Design Studio and/or hds - advertising, marketing, design or it’s employees in the execution of the work, but may exercise broad supervisory powers in the form of suggesting direction or revisions.
Hello Design Studio and/or hds - advertising, marketing, design will make every effort to work with the client, and to bring the project to a satisfactory conclusion. If, hovever, in the opinion of the designer, the client makes excessive or open-ended changes, or changes which do not lead towards the conclusion of the project, Hello Design Studio and/or hds - advertising, marketing, design may bill for such changes at current rates.
Concept drawings or proofs will be transmitted electronically to the client, or paper proofs will be sent by other means. Finished artwork will be supplied electronically, in a format compatible with the expected end use.
All communication carried out between the client and Hello Design Studio and/or hds - advertising, marketing, design will be in written form, and delivered by Post, Courier, Email, Fax, or other means necessary. All instructions given to Hello Design Studio and/or hds - advertising, marketing, design by telephone or voice should be followed up in writing, as this gives us a reference to follow.
The client agrees to answer in a timely and accurate manner, any questions Hello Design Studio and/or hds - advertising, marketing, design may ask regarding marketing, competition, current advertising, printing, or any other information Hello Design Studio and/or hds - advertising, marketing, design may require to complete the project.

Confidentiality

All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent to do otherwise has been granted by both parties involved.

Copy Supplied by Client

The client shall supply all copy, photographs, graphics, logos, and other material to be included in the project unless otherwise specified.
All copy, photographs, graphics, logos and all other material supplied by the client for inclusion in the project shall be of sufficient quality and resolution to fit the end use of the project. Hello Design Studio and/or hds - advertising, marketing, design shall, on written direction by the client, execute such upgrading or improvements as are necessary to fit the end use of the project, and bill for time spent at current rates.
Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs substantially from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.

Author’s Alterations (AAs)

Author’s Alterations represent work performed at the client’s request to material supplied by them in addition to the original specifications. Such additional work shall be billed at the current rates and be supported with documentation upon request. No additional payment shall be made for changes or corrections to work performed by Hello Design Studio and/or hds - advertising, marketing, design in order to conform to the original project description.

Preparatory Materials

Preparatory work performed at the client’s request, such as sketches, drawings, composition, disks, plates, presswork, and materials will be charged at current rates and may not be used without the consent of Hello Design Studio and/or hds - advertising, marketing, design. Artwork, type, negatives, positives, plates, disks, and other items when supplied shall remain the exclusive property of Hello Design Studio and/or hds - advertising, marketing, design unless otherwise agreed in writing.

Photography

Photography performed for a fee by Hello Design Studio and/or hds - advertising, marketing, design, either as a part of the project or at the request of the client, constitutes an exclusive use license for photographs used in this project. All negatives, prints, and unused photographs whether print or electronic, shall remain the property of Hello Design Studio and/or hds - advertising, marketing, design and shall be returned at the conclusion of the project.

Proof Reading

The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling, grammatical or other errors contained in the final product. The designer will not be responsible or held liable for any errors contained in the final product after the such product has been committed to print or posted in view of the public.
A Proof Form will be supplied with the proof and must be signed by the client. If revised proofs are desired, request must be made in writing when proofs are returned.
A reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
Hello Design Studio and/or hds - advertising, marketing, design cannot be held responsible for errors under either or both of the following conditions: if the customer has failed to return proofs with indication of changes, or if the customer has instructed Hello Design Studio and/or hds - advertising, marketing, design to proceed without the submission of proofs.

Ownership of Artwork

Until full payment has been made, Hello Design Studio and/or hds - advertising, marketing, design retains the intellectual and physical ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. All other proposals, conceptual designs, sketches, prints, or disks remain the intellectual and physical property of Hello Design Studio and/or hds - advertising, marketing, design. They will be returned or deleted at the end of the project, and may not be used without compensation to Hello Design Studio and/or hds - advertising, marketing, design.
Both parties will ensure that they have permission or license to use any elements supplied by them for the specific use in this project. Hello Design Studio and/or hds - advertising, marketing, design will not be liable for any charges, fines, or penalties accrued for copyright violations or illegal use of elements supplied by the client.
Hello Design Studio and/or hds - advertising, marketing, design retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and marketing materials. Where applicable the client will be given any necessary credit for use of the project elements.   

Overruns or Underruns

Where Hello Design Studio and/or hds - advertising, marketing, design supplies printing, overruns or underruns not to exceed 10% of quantity ordered shall constitute acceptable delivery. Hello Design Studio and/or hds - advertising, marketing, design will bill for actual quantity delivered within this tolerance. If the client requires guaranteed “no less than” delivery, percentage tolerance of overage must be doubled.

Expenses and Rush Work

The client shall reimburse Hello Design Studio and/or hds - advertising, marketing, design for all expenses arising from this assignment. Payment in advance is required for materials or presswork costing over $50. There is a 15% extra charge for rush work (rush to be determined at time of quote) and a 50% extra charge for rush work resulting in work being performed on weekends or holidays. Hello Design Studio and/or hds - advertising, marketing, design must be instructed in writing to proceed with such work.

Production Schedules

A production schedule will be established and adhered to by the client and Hello Design Studio and/or hds - advertising, marketing, design. Neither party shall incur any liability or penalty for delays due to: state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority, acts of God, or other causes beyond the control of the client or Hello Design Studio and/or hds - advertising, marketing, design. In the case of delays caused by uncontrollable circumstance, the final delivery date will be adjusted by the amount of the delay. In the case where the client does not adhere to the schedule, final delivery date(s) will be subject to re-negotiation.

Payment Terms

Design and development are commodities of time and expertise unlike manufactured product. Customers are appropriately billed for the time and expertise of our graphic designers, developers, art/creative directors and project managers. In accordance with industry standards, Hello Design Studio and/or hds - advertising, marketing, design charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance.
Hello Design Studio and/or hds - advertising, marketing, design does not engage in speculative work. We have provided an extensive public portfolio on our website, making it easy for potential clients to judge whether the style and quality of design offered by Hello Design Studio and/or hds - advertising, marketing, design is the right fit for their organization. (if you do not understand what spec work is please refer to www.no-spec.com for more information.)
All quotations are estimates only, unless otherwise negotiated and noted in writing on the actual quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.
This document must be executed and returned with a down payment equal to 50% of the quotation for all new projects. Plus 100% of estimated expenses if over $50.00 (such as software, hosting, registrations, etc.).
Projects lasting over 1 month will be billed every 30 days for work completed. Extra work performed at the client’s request, or adjustments to the contract amount, will be billed with the next invoice.
Claims for defects, damages, or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
Preferred and trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle, allowing clients to forego any subsequent deposit requirements. Clients on monthly billing will be invoiced on or around the 1st of each month.
Deposits and payments may be made in a number of ways:
• Credit Card (via PayPal)
• Company or Certified Cheque
• Bank or Wire Transfer
• Money Order or Bank Draft
• Interac Email Money Transfer (via Canadian Chartered Banks)
All invoices are payable upon receipt. Payments not received after fifteen days will incur a penalty of 2.5%. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.
New websites will go live to the public once full payment has been received.

Third Party Work

All shipping costs will be borne by the client.
In the event that any material necessary for the production of the client’s order must be shipped to a third party for additional processing, typesetting, custom coding, photographic work, color separation, press work, or binding, Hello Design Studio and/or hds - advertising, marketing, design will incur no liability due to the delay or loss by the shipper, or by the third party.

Rejection/Cancellation of project

The Client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, Hello Design Studio and/or hds - advertising, marketing, design must be promptly notified, allowing for the necessary corrections.
Rejection of the completed project, or cancellation by the client during its execution will result in the loss of the deposit, and billing by Hello Design Studio and/or hds - advertising, marketing, design for all additional labour and expenses to date. In no case shall the cancellation fee exceed the full price of the project at the time of cancellation.
Ownership of all copyrights and the original artwork and disks shall be retained by Hello Design Studio and/or hds - advertising, marketing, design. All artwork and disks shall be returned to Hello Design Studio and/or hds - advertising, marketing, design forthwith, and any material copyrighted by Hello Design Studio and/or hds - advertising, marketing, design shall be erased from all hard drives, disks, or storage media in the possession of the client. No concept, design, photograph, graphic, or any other material supplied by Hello Design Studio and/or hds - advertising, marketing, design in relation to the project, whether finished or unfinished, shall be used or shown for any purpose, unless permission in writing is given by Hello Design Studio and/or hds - advertising, marketing, design.

Disclaimer of Warranties

Hello Design Studio and/or hds - advertising, marketing, design hereby disclaims any and all implied warranties of merchantability and/or warranties of fitness for particular purpose. In no event shall Hello Design Studio and/or hds - advertising, marketing, design be liable for consequential and/or incidental damages incurred by any person and/or entities.

Indemnity Agreement

The client further agrees to indemnify and hold harmless Hello Design Studio and/or hds - advertising, marketing, design for claims of any nature whatsoever pertaining to the services and goods provided. This includes the loss of customer furnished proofs and materials, missing projected deadlines set for the completion of work, and loss of any information stored in Hello Design Studio and/or hds - advertising, marketing, design’s computers. Additionally, this Indemnity Agreement includes claims relating to any software or other copyrighted materials furnished by the client and from any and all copyright claims and/or misappropriations of trade secrets and/or any claim of theft of proprietary information.