TERMS OF SERVICE & CONDITIONS OF ENGAGEMENT
All services provided by Onyx Design are subject to the following terms and conditions.
In these terms of service/engagement, Onyx Design is also called “We” or “Onyx Design” in this agreement. The client means the person or business accepting the terms of this agreement/engagement and is also referred to as “you” or “yourself” in this contractual agreement. Onyx Design provides its services to you subject to the following Terms of Service. Onyx Design may, in its sole discretion, modify these terms from time to time without notification. 
Estimates
Estimates will be honoured for 30 (business) days. Estimates that have been provided to you in writing (email), but not accepted will only be honoured within 30 (business) days of the initial date of receipt of the estimate. Pricing does not include printing unless specified. 
Charges and Fees
All-new graphic and website design projects require an initial deposit equal to 50% + GST of the estimated total project cost (or no less than $200 + GST) at the time of acceptance.
If the project contains a design phase, then a progress payment as set by Onyx Design is payable on acceptance of the design phase. 
The final balance will be due upon completion of the graphic design project and must be paid before it is released to the client. Onyx Design retains the right to hold all project design and development work (with the exception of content and graphics provided by the client) until payment is received in full for such items. 
Commencement of Work
Work will begin as soon as is practicable once the terms have been agreed to. 
This forms an agreement between Onyx Design and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by Onyx Design – but not yet billed – in full. 
Continuing Authority
The client acknowledges that this is a continuing authority and can only be cancelled by giving Onyx Design 14 days prior notice in writing. 
Payment Terms
The client accepts that payment terms in relation to Onyx’s Design fees provide that payment is to be made within 14 days of the date of the invoice unless otherwise agreed with Onyx Design in writing. 
If payment is outstanding the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place. 
If the outstanding payment relates to a service provided by Onyx Design, that service will be suspended until the account has been paid in full. 
Meetings
The initial meeting is always free of charge, any subsequent meetings are chargeable and additional to any project estimates. 
Client Responsibilities
Text must be provided in a digital format (E-mail, Word document or similar text document).
Any logos or pictures must be sent before design is started. All pictures and logos must be hi-resolution, 300 dots per inch, or printed at customer’s risk. Client will approve samples for any stock photographs that are used prior to purchase. Cost for each stock image is a minimum of $30+GST per image, unless otherwise quoted. If client requests new pictures after purchase, client is required to pay for additional images.
Revisions
Client revisions must be specified in writing and must include all corrections or changes from the original specifications. Any text changes count as a revision. 
Approval of artwork
Your design concepts will be delivered to you for review via email. This email will have your concepts attached in PDF format, viewable through Acrobat Reader. Read your proofs carefully! While Onyx Design takes all care to avoid errors, Onyx Design accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The client must proof read and approve all final copy before the production of artwork. An email verification shall be conclusive as to the approval of all artwork prior to their release for printing. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading. Accuracy of the information is the client’s responsibility. 
Subcontractors
Onyx Design reserves the right to hire subcontractors on any given project should the need arise.
Ownership, Copyright and Source Files
Upon completion of the project and upon full payment for services rendered, Onyx Design will transfer all final PDF files as appropriate for printing, or other graphic files as detailed in the job scope and deliverables. 
Source Files are not transferred to the client and remain under copyright to Onyx Design. Charges for design work does not cover the release of copyright design source files, including but not restricted to INND, PSD, AI, raw code or other source files; if the Client requires the source files, they will be subject to a separate quotation or ‘buy-out’ charge. 
Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners or publishers. Onyx Design reserve the right to resell unaccepted mock-ups or other graphics created by Onyx Design but not in legal use by the client. Onyx Design reserves the right to display graphics that have been designed and/or built by Onyx on this website, and in any marketing material unless confidential.
Deadlines and Time-frames
Onyx Design understands the importance of completing projects in a timely manner. 
However, any delays incurred by the client will cause a subsequent and equal delay in any agreed schedules and will impede Onyx Design’s ability to meet any deadlines previously agreed to at the beginning of the project. 
The delivery times for initial design concepts will vary depending on the complexity of the design project. We usually work on a 5 working day turnaround time for concepts, however, there may be some projects that require longer. We will always strive to ensure that all projects meet their deadline. Business days are Monday through Friday. Public holidays, Saturdays and Sundays do not count when calculating turnaround. Design changes and alterations will take between 3 - 5 days. Please note complexity and quantity of alterations and amendments will also impact on timing. Services may be rushed for an additional fee. An increase of 50% to our quoted hourly rate is charged for concepts required within 24 hours. 
Cancellation
In the event of project cancellation, ownership of all copyrights and any original artwork shall be retained by Onyx Design. If the order is cancelled after the 1st proof has been designed and sent, a 75% charge will be incurred. If the order is cancelled after the 2nd proof, you will be charged in full.
Non-Communication
If Onyx Design is unable to communicate with a client on a project for an extended period of time  (5 business days) – by phone or email, the project will be put on hold. Any previously agreed to time-frames or deadlines will be null and void and will need to reassessed upon the resumption of communication. 
Non Payment
If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended. 
These services shall be reinstated once payment (in full) has been received. 
The client also accepts that a debt recovery process may be put in place if the account remains outstanding, and they will be liable for all debt recovery & legal fees. If the account remains outstanding after a debt recovery process has been completed the client accepts that they will be default listed. 
Confidential Information
Onyx Design acknowledges and agrees that the source materials, technical and marketing plans or other sensitive business information, that are supplied by the Client to Onyx Design or developed by Onyx Design in the course of developing the projects are to be considered confidential information.
Liability
Services purchased from Onyx Design are provided “as is” without warranty of any kind. 
In no event shall Onyx Design be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of design services and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the services, and/or goods provided to the client. The entire risk as to the quality and performance of the graphic design work rests with the client. 
Acceptance
Please note that you are agreeing to all of Onyx Design’s terms of service as written above. Onyx Design reserves the right to change or update these terms at any time without prior notice. If you would like to be notified of updates or changes to these terms, please advise by emailing info@onyxdesign.co.nz.

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