Agreement

By booking your project with Orange Pepper Design, you as a Client are automatically entering a legally binding contract for services and are agreeing to these Terms and Conditions.

Proposal

Quotations for Services with OPD are generated on the basis of the brief agreed upon and provided by the Client and expected time investment by OPD, and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry such date, OPD reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary.

Professional Standards

Designer will provide the services identified in the Design Proposal. Designer will provide these services in a professional manner, and in accordance with applicable professional standards. Designer agrees to maintain high-level ethics and standards of behavior.

Payment

Client agrees to pay the total amount for the scope of work selected by Client in the Design Proposal. Initial deposit secures the project into Designer’s schedule and is non-refundable once the design process has commenced.

Any remaining balance is payable before release of final files. Any additional charges (stock images, non-standard typefaces, printing etc.) are due at the time they are incurred and must be paid for upfront. Alterations outside of the Design Proposal are charged at an hourly rate.

Payments are due seven (7) days from invoice date, unless otherwise arranged. An 18% annual service charge will be billed against overdue invoices/late payments monthly.

Nonpayment or Default in Payments

Client shall assume responsibility for cost outlays by Designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

Designer may choose also to cancel the project immediately and suspend work until payment is received (including stopping ongoing work, removing unpaid material, and taking down the website).

Revisions

The design fee includes the specified number of revisions in the Proposal. Additional revisions or alterations are charged hourly. Designer will make every attempt to communicate if the project or client requests are headed outside of original scope so costs can be discussed prior to additional work.

Change Requests

The costs cited in the Design Proposal are based on the information provided by the Client. If additional information is forthcoming or the project specifications change, the estimated Design Costs may change. Such changes can include, but are not limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after client approval has been given for a specific stage of the project, including but not limited to concept, design, composition, development and production.

A “Change Request” is any request for work outside the scope of the Design Proposal inclusions list and approved Design Proofs. If Client informs Designer of changes or new ideas which need to be accommodated, Designer will notify Client if it is a Change Request. If Client still wants to proceed with the Change Request, Designer may submit a new proposal to Client. Designer may also extend the delivery schedule to accommodate changes.

In the case of urgent changes to the project scope that need to be carried out right away, Client can request and approve an oral quote in order for Designer to start work on urgently needed changes.

Additional expenses

Client shall reimburse Designer for all additional and approved expenses arising from this project. Designer will provide a separate estimate which will be billed as Additional Expenses to Client. This may include, but is not limited to the following:

– Photography, photographic art direction
– Stock photography searches/image purchases
– Print production (film, plates and printing)
– Digital image manipulation or retouching
– Copywriting editing or text inputting
– Web hosting
– Domain registration
– Animation
– Illustration
– SEO Research and implementation

Third-Party Vendors

Designer may purchase or license from third party vendors materials used in Client’s project (including source code, work-up files, software programs, fonts, photographs, illustrations etc.). Where Designer licenses such material, the intellectual property rights in the licensed material remain the property of the third party vendors.

Approval of Artwork

Designer will make every reasonable effort to ensure the accuracy of the material produced, Designer is not responsible for any spelling, grammatical, typographical errors, omissions or incorrect information in the final product. It is the Client’s responsibility to thoroughly check all proofs and give their approval via email before the final work will be released to the Client and/or sent to prior to production. Designer will not be held accountable for any Additional Costs incurred if the project has to be reproduced due to errors in the final proofs approved by Client. Any changes that are required post approval will incur an additional design fee to cover the time it takes to make the changes.

Color Variation

Please note there may be color variation between the screen and final product. This occurs due to differences in the way colors are managed on the screen (RGB) and print (CMYK). Screen proofing is not indicative of the final print result, printed colors can vary between printing companies, jobs and different print runs. Designer will not be responsible for any color variations on printing as these factors are beyond control.