Terms of Trade

GENERAL

These Terms and Conditions shall apply to the provision of all of Eyecatcher Designs’ services. By contracting Eyecatcher Designs for work, you agree that you have read the terms and conditions. Any changes to Terms and conditions must be received by Eyecatcher Designs in writing 14 days prior to work and must be signed by both parties.

Estimates or Quotations – remain available for acceptance for 28 days from the date of the quote, after which a revised quotation may be required. Any variation or alteration to the specifications, copy and/or layout by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.

PAYMENTS

Unless otherwise agreed in writing, prices are estimated and quoted in New Zealand Currency and shall be exclusive of GST. Eyecatcher Designs will invoice the Client upon completion of the work unless the work is ongoing (past the end of any month) in which case Eyecatcher Designs will invoice the Client on a monthly time-taken basis. Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the date of that invoice. If the Client does not pay their account by the due date and has not entered into any payment arrangement (which is at Eyecatcher Designs’ sole discretion), Eyecatcher Designs reserves the right to stop working for the Client immediately and will not be liable to the Client for any loss that they may suffer as a result of such discontinuance. Eyecatcher Designs reserves the right to correct any typographical or clerical errors contained in the prices or specifications. Tax invoices issued must be paid in full 14 days following the date of the invoice. Interest may be charged on overdue accounts at the rate of 3% per month on the outstanding amount and include any costs (including costs on a solicitor/client basis and any credit agency fees) associated with the collection and recovery of the overdue and unpaid account. For large orders Eyecatcher Designs reserves the right to request a deposit before commencing the job.

FINAL DESIGNS

Until full payment has been made, Eyecatcher Designs reserves full ownership of all final designs or websites. Once paid in full the final artwork or website becomes the property of the Customer, however all working files and custom code remains the property of Eyecatcher Designs, or when using third-party fonts or software, the relevant licenseholder. Eyecatcher Designs reserves the right to display any work in Eyecatcher Designs’ portfolio and social media. Unless specifically requested otherwise, Eyecatcher Designs reserves the right to add link at the bottom of the Customer’s website to Eyecatcher Designs’ website. Eyecatcher Designs reserves the right to reuse some or all the working files and/or custom code on other projects without breaching Customer copyright. Where Eyecatcher Designs provides access to design files, access will be provided in PDF, JPG or PNG format. Access to design files in other formats may incur additional costs for the Client. Trademarking is the sole responsibility of the Client.

PROOF APPROVAL

Eyecatcher Designs is not liable for errors in the finished work where a proof has been submitted to and approved by the customer. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the Client.

CANCELLATIONS/TERMINATION OF PROJECT

If either party chooses to terminate the contract, they may do so in writing. Any work completed to date must be paid for in full.

ELECTRONIC IMAGES AND/OR FILES

It is the customers responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.

COLOUR PROOFS

There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation, methods and substrates.