The following Terms and Conditions of Service apply to all products and services
provided by Falk Klemm Graphics / Illustrations (henceforth referred to as „the designer“).
All work is carried out by the designer on the understanding that the client has agreed to the designers terms and conditions.
Copyright is retained by the designer on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
PROJECT ACCEPTANCE
At the time of proposal, the designer will provide the client with a written estimate or quotation.
The terms and conditions can be read on the the designers website.
The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation,
which binds the client to accept the designer’s terms and conditions.
the designer may contract with other creative professionals to provide services such as, animation, photography, web development, film and illustration.
Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost,
the client will first be asked for permission to proceed.
No work on a project will commence until acceptance of the quotation has been received by the designer.
PAYMENT
Regulary when the invoice is delivered, payments may be made by online transfer, cash or cheque.
Publication and/or release of work undertaken by the designer on behalf of the client may not take place before cleared funds have been received.
For long term projects, such as developements for websites, identity / corporate design etc, staggered payment is required.
Regardless of how long it takes, the client agrees that after a period of 4 weeks, an invoice will be issued for the services already provided by the designer.
Otherwise, other staggerings can be agreed in advance according to the project time.
All new clients are required to pay a deposit of 50% to the designers commencing work.
Generally a deposit can be agreed in the contract depends.
The designer reserves the right to consider an account to be in default in the event of a returned cheque.
DEFAULT
The client will be provided with a Invoice. At this time the amount will become payable.
An account shall be considered default if it remains unpaid for 30 days (2011/7/EU) from the date of invoice, or following a returned cheque.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month and a handling charge
of 40,- Eur of the outstanding amount. Returned cheques will incur an additional fee of 50,- Eur per returned cheque.
Until full payment, the client has no rights of use for the delivered works!
Clients whose accounts become default agree to pay the designer
reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
COPYRIGHTS & TRADEMARKS
By supplying text, images and other data to the designer for inclusion in the client‘s project, the client declares that it holds the appropriate
copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by the designer on behalf of the client,
will remain the property of the designer and/or its suppliers in accordance with the Copyright.
The client may request in writing from the designer the necessary permission to use materials (for which the designer holds the copyright)
in forms other than for which it was originally supplied, and the designer may, at its discretion, grant this.
Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
Generally not agreed multiple use or imitation, even just parts of copyright works of the designer is inadmissible and subject of obligation to pay remuneration.
By supplying images, text, or any other data to the designer, the client grants the designer permission to use this material freely in the pursuit of the design.
Should the designer or the client supply an image, text, audio clip or any other file for use in a multimedia presentation, print item,
website, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges
to have such copyright or royalty usage limitations, the client will agree to allow website to remove and/or replace the file.
The client agrees to fully indemnify and hold the designer free from harm in any and all claims resulting from the client
in not having obtained all the required copyright, and/or any other necessary permissions.
ALTERATIONS
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the
draft design will be liable to a separate charge. The client also agrees that the designer holds no responsibility for any amendments
made by any third party before or after a design is published.
LICENSING
Any design, copywriting, drawing, slogan or idea created for the client by the designer, or any of its contractors, is licensed for use by the client
on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent
of the designer and any of its relevant sub-contractors.
All design work - where there is a risk that another party make a claim - should be registered by the client with the appropriate
authorities prior to publishing or first use or searches and legal advice sought as to its use.
The designer will not be held responsible for any and all damages resulting from such claims. The designer is not responsible for any loss,
or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold the designer responsible
for any such loss or damage. Any claim against the designer shall be limited to the relevant fee(s) paid by the client.
SOURCE FILES
Charges for design work do not cover the release of copyright design files including indd, psd, or any other source files;
if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
RIGHTS OF REFUSAL
The designer will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
CANCELLATION
Cancellation of orders may be made initially by telephone, contact or e-mail.
The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering.
The balance of monies due must be paid within 30 days. The fee will not exceed 100 percent of the total project cost.
In case the client cancels the order before the work starts, 5% of the agreed budget will be payable.
In addition, of course, different individual agreements are possible.
Please note: any cancellation which is not formally confirmed in writing and received by the designer within 14 days of such
instruction being issued, will be liable for the full quoted cost of the project.
PROJECT DURATION
Any indication given by the designer of a project‘s duration is to be considered by the client to be an estimate. The designer cannot be held
responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds
are received by the designer for the initial payment or by date confirmed in writing by the designer.
DISCLAIMER
The designer makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
The designer will not be held responsible for any and all damages resulting from products and/or services it supplies.
The designer is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
While taking reasonable steps to investigate the materials, the designer accept no responsibility for the performance or quality of materials
or any consequential loss arising from their failure.
The client agrees not to hold the designer responsible for any such loss or damage.
Any claim against the designer shall be limited to the relevant fee(s) paid by the client.
The designer reserves the right to use the services of sub-contractors, agents and suppliers and any work,
content, services and usage is bound by their terms and conditions. The designer will not knowingly perform
any actions to contravene these and the client also agrees to be so bound.
ACCEPTANCE OF TERMS & CONDITIONS AND QUOTATIONS
The placement of an order for design and/or any other services offered by the designer, by email, verbally or in writing,
is deemed to be acceptance of these terms and conditions, which are freely available at www.falk-klemm.com
An estimate validated by confirmation of approval to proceed with the project by the client by e-mail or in writing constitutes acceptance
of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between
the signatory and the designer.
GENERAL
The designer reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Thank you for reading!