Terms & Conditions

Agreement between DESIGNER and BUSINESS or INDIVIDUAL identified on this agreement.

The client/individual listed below is subject to the following terms and conditions.

GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working
relationship. All projects or services that DESIGNER may be contracted to produce or provide for the
CLIENT will be subject to the following:

WORK PHASE – All bulk purchase of design services will be divided into three phases. Each phase will
be bound by all the terms and conditions stated here. Concept revisions, extensive alterations, or a
switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the
total cost of a project. Planning the work, cost estimating, and billing in several phases permits
DESIGNER or CLIENT to adjust for such revisions/or halt work before completion if a project is
postponed or cancelled. Any cancelled project is billed only through phases and/or portions of
phases that were actually completed by DESIGNER. For each project, the CLIENT will receive a
proposal/estimate outlining the project specifications and our proposed scope of services and
working/billing phases. Each proposal estimate will contain a project budget, which includes estimated
fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.

We will begin work upon the CLIENT’S approval of the written estimate and payment of 60% of the
total cost. Your approval (written or oral) will constitute an agreement between us.

PAYMENT/ESTIMATES – CLIENT agrees to pay DESIGNER in accordance with the terms specified in
each proposal/estimate. On accounts that have not submitted a credit application and been
approved by our credit department, the CLIENT will be required to pay 60% of the project cost before
work can begin its first phase. When DESIGNER completes the second phase of the project/work the
CLIENT is required to pay 40% of the total balance. DESIGNER continues the work, beginning with the
third phase which is the supposed last phase.

Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past
due balances is 18% per annum or 5% per month or 1.5% per week. We reserve the right to refuse
completion or delivery of work until past due balances are paid. In cases where CLIENTS are permitted
to pay the balance after final work submission CLIENTS have 3 days to complete balance payments.

DISCOUNTS OFFERED – Discount offered to CLIENTS are only limited to the agreed duration and
condition of the project. DESIGNER reserves the right to terminate the discount offered at any phase of
the work/project if CLIENT requests for major reviews or alterations of jobs done and extension of
agreed project duration and change in project nature or additional requests with a notice to the
CLIENT written or oral.

Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from the date on the
estimate. The CLIENT requested changes will be billed additionally. The client will be notified of any
price changes.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as,
but not limited to, printing, photography, colour printouts, laminating, illustrations, separations,
shipping, and handling or courier service. Expenses are itemized on each invoice. Expenses are subject
to Ghana sales tax unless 1) You are a nonprofit organization, or 2) the work is for resale and you have
submitted a resale certificate to DESIGNER. If a consultant or supervisory services are required in out-
of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage
is calculated at current allowable rates.

REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by DESIGNER after a
proposal/estimate has been approved is considered a revision or alteration. If the job changes to an
extent that substantially alters the specifications described in the original estimate, we will submit a
proposal revision memo to you, and a revised additional fee will be attracted which must be agreed to
by both parties before further work proceeds. Minor reviews include but not limited to colour change,
font change or repositioning and typo errors.

Author’s alterations and other copy changes requested after layouts or mechanicals are
completed are billed at standard hourly rates.

OVERTIME – Estimates are based on a reasonable time schedule, and may be revised to take into
consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of
your deadlines is essential to provide an accurate estimate.

RESPONSE – CLIENTS need to respond to DESIGNER concerning work submissions within 48 hours via
any medium appropriate. Delay in response which leads to any further delay in the project is not the
fault or responsibility of the DESIGNER.

NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding the
preparation of materials and must be able to substantiate all claims and representations. 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.

ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all
respects, ranging from spelling to technical illustrations. DESIGNER is not liable for errors or omissions.
Your signature or that of your authorized representative is required on all mechanicals or artwork prior
to release for printing or other implementation.

PROPERTY AND SUPPLIER’S PERFORMANCE – DESIGNER will take all reasonable precautions to
safeguard the property you entrust to us. In the absence of negligence on our part, however, we are
not responsible for loss, destruction or damage or unauthorized use by others of such property. We
will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened,
embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against
any loss to you through the failure of our vendors, media, or others to perform in accordance with
their commitments, DESIGNER is not responsible for failure on their part.

If you select your own vendors, other than those recommended by us, you may request that we
coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held
responsible for the quality, price, performance or delivery.

LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be
retained as security until all just claims against the CLIENT are satisfied.

RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT,
DESIGNER will assign the reproduction rights of the design for the use(s) described in the proposal.

The rights to all design and artwork, including but not limited to photography and or illustration
created by independent photographers or illustrators retained by DESIGNER, or purchased from a
stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator.
Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized
representative, you may not use or reproduce the design or the images therein for a purpose other
than the one(s) originally stipulated. If you wish to use the design we have created and/or the images
within it for another purpose or project, including a reprint or exhibition, you must contact us to
arrange the transfer of rights and any additional fees before proceeding. If printing or other
implementation is done through your vendors, you agree to return to us all our original mechanicals
and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with
printed samples of each project.

We reserve the right to photograph and/or distribute or publish for our firms promotional and
marketing needs any work we create for you, including mock-ups and comprehensive presentations,
as samples for our portfolio, firm newsletter, brochures, slide presentations, and similar media. We
agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery
of a job. Thereupon, we reserve the right to discard them.

TERM AND TERMINATION – The term of this agreement will continue for work in progress until
terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to
cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so,
provided you hold us harmless for any cost incurred as a result.

Upon termination of this agreement, DESIGNER will transfer to CLIENT all your property and materials
in our control and for which you have paid. CLIENT will indemnify and hold DESIGNER harmless for
any loss or expense. This includes, but is not limited to assertations made against CLIENT and any of
its products and services arising from the publication of materials that we prepare and you approve
before publication.

PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both C L I E

N T and the D E S I G N E R, provided that neither shall incur any liability, penalty or additional cost
due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents,
energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of
government or civil authority, and acts of God or other causes beyond the control of the Client or the
Designer. Where production schedules are not adhered to by the Client, final delivery date or dates
will be adjusted accordingly.
Number of Reviews per work: Number of Samples: 1
3 Job Duration: 5 working days Prerequisites: Design Brief

Commencement Date: Day of 60% Delivery Date:

deposit Job Description: Flyer

CLIENT: Signature: Date:

Designer: Perk Pomeyie Signature: Date: