The following terms have been tailored throughout fifteen years in business to help make things as clear and straightforward as possible for both of us during our working relationship.

Rights and ownership

Rights: All the services I offer during the course of the project are for your exclusive use other than for my own self-promotion (such as in my portfolio, publications, and exhibitions). Upon payment of all fees, you’re granted full transferable rights to all the approved final designs I create during the project. This means you can pass my work to others for things such as future modification or commercial printing. Essentially, you won’t need my permission to do anything with the files I create.

Ownership: You’ll be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

Third party contracts: I never begin work on the assumption that third parties might be required for project completion. Where third parties are required (for photography, animation, web development, illustration, or otherwise), such details will be finalised prior to the project starting, unless requested by you at a later date.

Communication

Emails are replied to within a few hours during the work week. I’m available by phone from 9am to 5pm London time, Monday, Tuesday, Thursday and Friday. Video calls on Skype, FaceTime, and Google Hangouts are very welcome, too.

Payment schedule

Before work begins, and depending on the total project fee, you’ll transfer a non-refundable downpayment or payment in full. The project can be scheduled once I receive payment. If a downpayment is made, the remaining amount will be payable upon completion of the project, and before original files are provided.

Delayed payment

If, after the project has commenced, any subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received.

Digital files

Length of storage: All final digital files created for you are stored by me for 12 months from the date of supply.

Retrieval fee. There’ll be a nominal fee to retrieve and transfer any digital files after the project has been completed and after all files have already been supplied.

File type requirements. If you have specific requirements for how project files must be prepared, please tell me in an email before the project begins.

Miscellaneous

Samples: You agree to provide me with samples of print or product design that may result from the project deliverables. I can use such samples for promotional purposes. I’ll have the right to photograph all completed designs or installations and I can use these photos for self-promotion.

Confidentiality: You’ll inform me in an email before the project starts if any portion of any material or information you provide or if any portion of the project is confidential.

Indemnity: You agree to indemnify me from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by and arising out of the work I supply. It’s worth pointing out that my work has never resulted in any legal disputes. I add this indemnity because it’s recommended by design organisations.

Consensus

The above terms and conditions will be supplied alongside the first invoice in a PDF document. Transfer of the downpayment indicates your acceptance.

Independent since 2005
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Studio
13 Gransha Park, Bangor
Northern Ireland
BT20 4XT

Contact
studio@davidairey.com
+44 7739 530 457
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