Terms & Conditions

Article 1. General

  1. Florie Parenthoux, The Design Mash, established in Haarlem, Chamber of Commerce number 71766340, is referred to in this general terms and conditions referred to as “I”, “me” and “the designer”.
  2. The other party is referred to as “you” and “the client” in these general terms and conditions.
  3. As the client, you have entered into work with me, the designer, on behalf of yourself or your organisation.
  4. The client will provide everything the designer needs to complete the project and answer all queries in a clear and timely fashion.

Article 2. Confidentiality

  1. The client shall inform the designer in writing before the project commences if any portion of any material of information provided by the client or if any portion of the project is confidential.

Article 3. Rights and ownership

  1. All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use, see Article 3.4 for more information. Upon payment of all fees and expenses, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
  • Client to gain full transferable rights to final designs
  • Client to gain full licence to reproduce works through commercial printers. 
  1. The client shall be entitled to full ownership of all artwork created during the project upon full payment of the agreed fee. 
  2. The design files (original Photoshop, Illustrator, Indesign, Adobe XD, After Effect files) that were used to create the final artwork stay fully the property of the designer. If, once the project is completed, the client wishes to have the original design files an extra fee of 40% of the project’s total agreed fee will have to be paid by the client.
  3. As mentioned in Article 3.1, the designer reserves the right to display her work and a link to the completed project as part of her online portfolio, for self-promotion purposes only, unless the client informs the designer in writing before the project commences that the full or a portion of the project is confidential, see Article 2.1.

Article 4. Hourly rate

  1. The hourly rate for the service "Design Execution" is €85 per hour. The hourly rate for the service "Concept & Design" is €95 per hour. 
  2. In the event that a client requests a last minute project with a time window of less than two working days, an emergency rate will be charged. The emergency rate will be calculated based on the hourly rate by adding 30% for two working days and 50% for one working day.

Article 5. Project set-up

  1. Before the designer starts to work on the project, the designer and the client will define together the project goals and requirements, the format of the deliverable, the estimated time to complete and the final deadline.

Article 6. Quote

  1. Following Article 5.1, the client will receive within 3 days a quote alongside the current Terms and Condition document. The client will have 14 days to accept the quote. If the quote is not accepted within 14 days, the quote and the project will be cancelled.
  2. The quote will be an estimation, made by the designer, of the agreed project requirements discussed with the client, refer to Article 5.1. The quoted figure will be calculated based upon the amount of hours needed for the completion of the project and the designer’s hourly rate as referred to in Article 4.1. 
  3. In case of overtime on the project, on the tasks described in the quote caused by more rounds of changes than calculated in the quote, and/or changes in the content from the client, and/or elements added not described in the quote, extra hours will be charged.

Article 7. Down payment (For projects with a quoted figure over €1000)

  1. Following Article 6.1, once the quote is accepted by the client, the client will make a 20 percent down payment prior to work commencing. On small sized projects, the remaining 80 percent is payable to the designer once the project is completed. On larger (longer-term) projects with several stages of deliverables, the remaining 80 percent will be broken into multiple invoices scheduled based on the project milestones.
  2. The down payment is due 7 days from the invoice issue date. If the down payment is not received within that time, the project will be cancelled. 
  3. The down payment is non-refundable.
  4. The project can be scheduled once the down payment is received via bank transfer by the designer. 
  5. Transfer of your down payment means you’re happy to proceed.

Article 8. Payment

  1. Large (longer-term) projects with several stages of deliverables, will be broken into multiple invoices scheduled based on the project milestones.
  2. If I have not received any feedback or comments within 14 days of submitting work to the client (the initial draft or subsequent edits), I will assume you are happy with the work completed and will invoice for the remaining balance.
  3. Payment is due thirty days from the invoice issue date.
  4. All payments are to be made by bank transfer.

Article 9. Delayed payment

  1. If the final invoice is not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30-day period until the full amount has been received by the designer. 

Article 10. Cancellation

  1. If, after the project commencement, the client cancels or postpone the project, then a ‘kill fee’ will be due. This ‘kill fee’ is 50% of the initial fee of the agreed project.
  2. If, after the project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project will be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer and a ‘kill fee’ will be due. This ‘kill fee’ is 50% of the initial fee of the agreed project.

Article 11. Round of feedback and changes

  1. As the client, you have the responsibility to provide a finalised and spell checked content for me to use in your project.  
  2. As the client, you will review my work and give feedback where required in a clear and timely fashion.
  3. I will make every effort to check design or copy/paste mistakes before submitting it to you.
  4. As the client, it will be your responsibility to check the work at your end, and hand it back to me for further edits and corrections, if any errors are found, in a timely fashion. I am absolved of responsibility if, when the work is finally published or printed, errors appear in the published or printed version, regardless of whether they were in the draft I supplied you with.
  5. Changes or feedback may be required to the submitted work. Revisions will be also included in the project quote. A maximum of changes or feedback rounds will be determined in the quote depending on the size of the project. If the amount of changes or feedback rounds exceeds the one calculated in the quote, extra time will be charged.

Article 12. Deadline

  1. I agree to work promptly and meet deadlines. However, I cannot be responsible for missed deadlines due to a late down payment, delays in you providing source materials or feedback and extra amount of changes. If such delays occur, then deadlines will be revised.
  2. I cannot be responsible for deadlines missed due to circumstances completely beyond my control, including but not limited to: family emergencies, civil unrest, flooding, war, acts of god, national emergencies, etc. If there are any factors affecting my ability to meet deadlines, I will advise you right away.‍

Article 13. Communication

  1. I can be reached by email on Monday, Wednesday and Friday between 9 am and 5 pm CET.  On Tuesday and Thursday I am available between 9 am and 2 pm CET. Slack and whatsapp messages are welcomed for quick questions only in the specified hours above. Brief, changes, feedback and other big communication should be made by email.

Article 14. Indemnity

  1. All design elements that I will provide you, will be made by me and I will do my best that my work does not infringe upon any copyright or other rights of a third party. However, it is your responsibility to submit the artwork for legal review if required or desired.
  2. If we need to use a third party element for your project as a photograph, an illustration, music or other, I will notify and advise you to pay for the copyright of the element, in the end, it is your responsibility to make sure you are not infringing any copyright on a third party element. 
  3. When sending me images, content copy, music files, illustrations or any other type of assets to use in your project, it is your responsibility to make sure that the assets you sent to me are not infringing any copyright. 
  4. I can’t be liable to you, or any third party for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise regarding this assignment.
  5. I aim for full satisfaction with the design work produced before you use it, but I cannot guarantee specific results from its use. I do not make any guarantees on the conversions, rise of sales or other results.
florie@thedesignmash.com
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