"The Client" shall mean the person firm or company requesting goods or services from The Brand New Studio Ltd
1.1 The Brand New Studio Ltd operate on a daily, hourly or fixed fee basis depending on the job in hand.
£30per hour and £250per day as standard with fixed fee's being based on these costs and time projection.
1.2 Due to the small team (one woman!) The Brand New Studio Ltd will charge for large expenses (flights, overnight stay, long distance travel, over 100 miles drive) in addition to any fixed fee but will detail these within the fee proposal for budgeting purposes.
1.3 The Brand New Studio Ltd will supply all documentation and artwork produced as digital files. For fixed fee proposals The Brand New Studio Ltd may add up to a 10% markup for the cover of all materials, consumables, travel, subsistence, documentation presentations, proof reading and any external source purchased directly for that job.
2 Design rights
2.1 All design rights remain the intellectual property and copyright of Freya Deabill at The Brand New Studio Ltd until final payment has been received unless stated by The Client at the beginning of the project.
2.2 Unused initial concepts and sketches will remain the property of The Brand New Studio Ltd unless otherwise agreed.
2.3 No design concepts shall be shared with any third parties until the formal agreement has been signed by The Client regarding each specific phase of works.
2.4 The Brand New Studio Ltd may reproduce any completed work and concepts in the public media and on its own website with the understanding that it will be referenced to The Client as one of its partners or clients (current or former as the case may be).
2.5 All design working files remain under copyright of The Brand New Studio Ltd – no work can be amended or altered for additional uses under any circumstances by The Client without prior written consent by The Brand New Studio Ltd. This includes any publishing, digital or retail work.
3 Abortive work
3.1 The following cancellation fees will become payable by The Client to The Brand New Studio Ltd for termination of the contract at any stage :
Contract value up to £500.00: 50% of remaining cost
Contract value £550.00 and over: remaining 25% of the total project cost
3.2 Any changes to the brief, delivery, requirement, timescale and scope of work will result in a review of the fee proposal.
4 Additional work
4.1 If The Brand New Studio Ltd is required to perform additional services in relation to the project outside the scope of the confirmed brief by reason of any alterations or modifications in the project required by The Client or by reason of any change in laws or regulations affecting the project or any other circumstances outside the control of The Brand New Studio Ltd then, to the extent that the same shall not have been occasioned by the negligence of The Brand New Studio Ltd, The Brand New Studio Ltd will produce a revised fee proposal or additional charges proposal to be agreed by The Client before the remainder of the project is continued.
4.2 Any requests made by The Client for changes to the design after sign-off approval and not made in accordance with the confirmed brief will be charged on a quantum merit basis at The Brand New Studio Ltd's standard hourly rate together with expenses, unless otherwise agreed in writing.
5 The Client's responsibilities
5.1 The Client shall:
i) Make timely payment of all sums due to The Brand New Studio Ltd, for which time shall be of the essence.
ii) Supply to The Brand New Studio Ltd without charge, all relevant and necessary data and information in the possession of The Client or it's servants, agents, or sub-contractors to allow The Brand New Studio Ltd to provide the services and The Client shall give and shall procure that such persons give such assistance as shall be required by The Brand New Studio Ltd in the performance of the services.
iii) Ensure that any approved design complies with the laws of the country for which it is intended, and does not infringe the rights of any third party.
iv) Ensure by way of suitable tests that any products manufactured from any approved design shall be safe and without risk to the person or property of the user when properly used.
v) In circumstances where The Client's consent is required in writing or otherwise, deal with any request for consent expeditiously and shall not unreasonably withhold or delay such consent.
vi) Approve all drawings, artwork and designs prepared by The Brand New Studio Ltd prior to the printing and manufacture of prototypes, brochures, company stationery or any other printed material before and/or after the commencement of production layout compatibility and ensure that all tolerances are in accordance with the Client's specifications. The Brand New Studio Ltd shall not be liable for any costs resulting from the Client's failure to carry out such checks.
vii) Advise The Brand New Studio Ltdof all relevant and necessary company standards.
6 Payment terms
6.1 Unless otherwise stated payment is due before final artwork files are issued, and after signoff is completed. All invoices are payable within 30 days of receipt the signoff document.
6.2 The Brand New Studio Ltd reserves the right to charge interest for late payment of invoices at 1.5% per month payable from the date of the invoice.
6.3 Payment from overseas is required in pounds sterling by cheque, cash or BACS. When payment by BACS is agreed final artwork will not be released until funds are received by the nominated account (to be advised).