Terms and Conditions – Daphne Hansen

LEGAL TERMS
What You Need to Know.

All clients must read and agree to the points laid out below. By entering into a business relationship with me (Daphne Hansen) you (the Client) agree and consent to the following terms and conditions:

GENERAL

Daphne will carry out work only where an agreement is provided either by email, telephone, mail or fax. Daphne will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Daphne and the client, this includes telephone and email agreements.

PAYMENT

I accept paypal and paypal credit card payments. You can pay in full or make a 50% deposit of the total cost of the design (see “DEPOSIT PAYMENTS”) If you choose to make a deposit, the balance will be invoiced to you within 24 hours after the design is completed. Payment is required within 3 business days. Once a design has been completed and approved the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the design, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a design, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.

ABANDONED STATUS

If a client should abandon a project or contract after work has commenced (no contact within 21 days) I reserve the right to charge 25% of the total project cost (regardless of project status on abandonment) if a client decides to continue with a project.

DEPOSIT PAYMENTS

– you make a 50% deposit of the total cost of the design

– after the design is completed I will send an email asking you to review the work.

– Once you accept the design ( or If I don’t hear from you within three business days) the remaining balance will be invoiced to you

– If payment is not received within 14 business days, I reserve the right to add late payment charges to the invoice which is 8% plus the Bank of New Zealand base rate for business to business transactions. As the base rate is currently 0.5% it gives 8.5% on late payments.

Abandoned Status – deposit payments
If a client should abandon a project or contract after work has commenced (no contact within 21 days), an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned contracts in cases where the client is nonresponsive are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.

RUSH ORDERS

Rush Order fees depend on the Client’s deadline and the service they wish to order. Daphne Hansen is not responsible for the amount of revisions, additional requests or client’s response time that may delay the project.

TIMEFRAME AND DELIVERY

Daphne will provide the initial draft concepts to the Client within the timeframe agreed upon in the initial consultation. Please note that if I am experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified before placing your order. I will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design. I will analyze the Client’s feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe.
Regular working days are Monday through Friday, 8am – 4pm NZST, excluding NZ holidays. I will then continue the revision process as per the terms of the specific contract. Once the Client has approved the final design, the Client will complete any remaining payment owed, and I will then proceed with the delivery phase. All specified formats of the approved designs are then emailed or posted to the client download area for the Clients use.

Designs and programming code remain the property of Daphne Hansen until all outstanding accounts are paid in full. Any designs created by me remain the copyright of mine and may only be commercially reproduced or resold with the permission of me. I cannot take responsibility for any copyright infringements caused by materials submitted by the client.
The Client unconditionally guarantees that any element of text or graphics furnished to me for inclusion in the design do not infringe on any copyright or
trademarks that have been already established by another company or organization. The Client will hold harmless and protect Daphne Hansen from any claim or suit arising from the use of such as furnished by the client. I will carry out no research or checking on the legal availability of the name they are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. I will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. Daphne reserves the right to display design work in their portfolio. Unless otherwise arranged, all stock photography is used under royalty-free licence of Daphne Hansen. As such, the Client has legal rights to use the stock images only within the scope of the purchased design, and all original copyright is retained by the designer or licencing agency. Exclusive, rights-managed stock images are available, but will incur additional cost.

REVISIONS

The quotation assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which the Client requests an additional amount of drafts or revisions. Any additional revisions will still incur the hourly rate of £45, and the Client confirms that any requested revisions or additions not included in the design quotation will incur this cost.

CANCELLATIONS

Cancellations will be considered only if the request is made within 12 hours of placing an order. However, the cancellation request will not be entertained if the orders have been communicated to the designer and I have initiated the process of working on them. Refunds or cancellations after 12 hours of placing an order are not possible due to the nature of the service provided. If I am unable to complete the design (due to an emergency situation) your payment will be refunded in full.

CONFIDENTIALITY

When I receive your transmission of personal information, I treat the information as strictly confidential. I use your personal information only for the purpose you
intend. I, Daphne Hansen, would never willfully disclose your personal information to any third party without your written consent or authorization, except as required by any applicable federal, state or local law or regulation. I can only deal directly with the party placing the order and I am unable to deal with any intermediaries / third parties.

WEBSITE TEMPLATES / PLUGINS

If requested to use a specific third party template for design purposes, I am unable to guarantee that all design changes, layouts or browser compatibility are possible as this is a third party extension.

WORKING HOURS

Working hours are Monday – Friday 8am-4PM. (excluding NZ Bank Holidays)