Upon receiving a written quotation from Hanga Studio, the Client is considered to have accepted the terms outlined in this document. If the Client chooses to proceed with the services outlined in the quotation, they can confirm acceptance by signing the quotation form and sending an email acknowledging acceptance.By accepting the quotation, the Client agrees to comply with all the Terms and Conditions specified by Hanga Studio.This acceptance establishes a legally binding contract between the Client and Hanga Studio. It is important to note that Hanga Studio’s Terms & Conditions, as accessible at www.hangastudio.co.nz/termsandconditions, take precedence over any conditions stated in the Client’s proposal.
2.1 Deposit:
Upon the Client’s acknowledgment and acceptance of the quotation, along with the agreement to the Terms & Conditions, a non-refundable payment equivalent to 50% of the quoted fee will be promptly required. An invoice will be generated, and immediate payment is anticipated, with a strict 7-day payment term enforced to initiate project requirements and formally engage Hanga Studio in the assigned work.
2.2 Progress Payments:
A further twenty five (25) percent progress payment will be due as agreed between the Client and Hanga Studio. The terms for this progress claim are also expected right away with a 7 day payment term strictly monitored to continue project needs.The remaining twenty five (25) percent of the project quotation total will be due upon completion of the work prior to the
release of materials and files for commercial use. This payment is also expected right away with a 7 day payment term strictly monitored to complete your project needs.
2.3 Late Payment Policy:
• Accounts are expected to be settled within 7 days from the date of the invoice.
• Accounts remaining outstanding after this period will be subject to a late payment fee of 6.5% on the outstanding amount from the date due until the date of payment.
The Client shall pay designer’s expenses incurred in connection with this Agreement as follows: (a) incidental and out-of-pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, presentation materials, photocopies, computer expenses (b) non stock materials such as images and fonts and(c) reasonable travel expenses.
5.1 Revision Rounds:
The predetermined number of revision rounds will be established at the project’s commencement. In the event that the project surpasses the initially agreed-upon revision rounds, the Client will incur additional charges commensurate with the excess revisions.
5.2 Communication and Notification:
Hanga Studio commits to informing the Client in advance if the scope of work exceeds the initially agreed-upon terms.
5.3 Excess Work:
In the event that the undertaken work surpasses the predefined scope or includes additional items beyond the signed agreement, the Client agrees to remit appropriate fees for the ‘Excess Work.’
5.4 Author Alterations:
Author Alterations refer to changes made to any completed artwork after approval by an authorized representative of the Client.
6.1 Cancellation Procedure:
The Client may cancel the project by providing written notification. In the event of a breach of this agreement or non compliance with our standard 7-day payment terms on the final invoice, Hanga Studio reserves the right to cancel the agreement by issuing written notification.
6.2 Invoice for Work Completed:
In the event of cancellation, Hanga Studio retains the right to invoice the Client for all work completed up to the date of receipt of the written cancellation.
6.3 Payment Obligation:
The Client is obligated to follow the payment procedures as indicated in the agreement, even in the case of project cancellation. Failure to adhere to the payment terms may result in further actions as per the agreement.
6.4 Cancellation During the Project:
No refund will be provided if the Client cancels the project after its initiation.
All Terms and Conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by Hanga Studio, unless the disclosure is required pursuant to process of law. Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Client.
At Hanga Studio, we acknowledge the importance of delivering projects on time to ensure client satisfaction. It’s essential to clarify that Hanga Studio cannot be held responsible for delays caused by actions on the client’s part. These actions include, but are not limited to:
1. Approval delays for project proofs.
2. Late submission of content specified in project requirements.
3. Postponement of scheduled meetings.
4. Changes to previously provided content.
Furthermore, the project completion timeframe provided by Hanga Studio is an estimate. Clients should be aware that Hanga Studio is not liable for any project delays, irrespective of the cause. The estimated duration begins upon the receipt of cleared funds for the initial payment, upon the signed acceptance of the quotation, or as confirmed in writing by Hanga Studio.
9.1 Ownership During Project Duration:
The artwork created by Hanga Studio is Hanga Studio’s property until the account is settled completely. Preliminary designs not approved by the Client are excluded from this provision.
9.2 Rights Retained by Hanga Studio:
Hanga Studio has the right to use both the completed project and any preliminary designs for future publications related to design, educational purposes, and marketing materials.
9.3 Ownership Transfer on Full Payment:
Until full payment of the Fee (including any additions) is received, all ownership, copyright, and intellectual property rights in the deliverables belong solely to Hanga Studio, encompassing all constituent parts.
Any changes to the terms and conditions require mutual agreement before the Client grants approval to the proposedservices. Once agreed upon, amendments will be incorporated into a revised proposal by Hanga Studio. The updateddocument will then be presented to the Client for their signed approval.
Hanga Studio will provide proofs and PDF files suitable for printing, along with other graphic files specified in the project details or upon request.The design charges do not include the release of our copyrighted design source files, such as indd, psd, AI, png, fla, or other raw code. If the Client requires these files for transfer to an in-house or external designer, a separate quotation or ‘buy-out’ charge will apply.The Client is responsible for maintaining a copy of any supplied images or files. Hanga Studio is not liable for accidental damage to any provided materials. Additional translation, editing, or programming required to use customer-supplied files will incur an extra charge.
12.1 Client Satisfaction:
The Client acknowledges and agrees that they are fully responsible for ensuring the satisfactory completion of every aspect of the job, including but not limited to layout, text, copy, images, colors, folding, and any other specified elements.
12.2 Ultimate Client Responsibility:
The Client understands and accepts that they bear ultimate responsibility for any errors in the final deliverables, even if the copy supplied to Hanga Studio was initially correct.
12.3 Obligation to Proofread:
12.3.1 The Client acknowledges the importance of thorough proofreading and commits to reviewing all materials provided by Hanga Studio before approval.
12.3.2 The Client understands that proofreading is essential, as discrepancies may arise between the time of copy submission and final approval.
12.3.3 The Client agrees that failure to conduct a careful proofreading may absolve Hanga Studio of responsibility for any errors in the completed work.
12.4 Client Acknowledgment:
By entering into this agreement, the Client acknowledges that their active participation in the proofreading process is crucial to ensuring the accuracy and quality of the completed work.
12.6 Notice of Changes:
The Client understands that changes may occur between the time of content submission and final approval, and it is the irresponsibility to identify and address any such changes during the proofreading process.
12.7 Final Approval:
The Client’s approval of the job signifies their satisfaction with all aspects, and the Contractor shall not be held responsible for any subsequent issues identified after final approval.
Upon completion of the project and the delivery of all files by Hanga Studio, it is expressly understood that the responsibility for the backup and preservation of project files shifts to the Client. Hanga Studio shall not be held accountable for the ongoing backup or storage of client files once the final handover has occurred. In the event that the Client requires retrieval of project files subsequent to the final handover, Hanga Studio may, at its discretion, provide file retrieval services.
However, the Client acknowledges that such services will be subject to additional charges. The specific charges and terms for file retrieval will be communicated to the Client in advance, and the Client agrees to compensate Hanga Studio accordingly for any such services requested. It is strongly recommended that the Client implement their own comprehensive backup procedures to safeguard project files and data integrity. Hanga Studio shall not be liable for any loss or damage to files once they have been handed over to the Client.
14.1 Hanga Studio considers the design project complete upon receipt of the Client’s signed Approval Form or sign-off email.
14.2 Publication and/or release of work done by Hanga Studio on behalf of the Client, may not take place before cleared funds have been received.
This document represents the complete understanding between the involved parties regarding its subject matter. It overrides any previous agreements, whether oral or written, and replaces them with its explicit terms. The terms of this agreement take precedence over any customary practices or previous performance.