Terms of Trade

Welcome to Gobo

Thank you for the opportunity to be of service. I’ll do my best to fulfil your needs and meet your goals. It’s my mission to produce solid, technically sound and unique designs that you can proudly use to communicate your message to your audience.

To help set the scene for our new relationship I have a few simple things jotted down so that we both know what’s what. In this Agreement you won’t find complicated legal jargon or large passages of unreadable text. I have no wish to trick you into something you’ll later regret. I do however, want what’s best for the safety of both parties.

Please note that from time to time I may need to alter these terms and conditions without notice. Make sure you’re happy with the terms before the commencement of your project. Feel free to contact me if you don’t understand anything in this Agreement.

COMMENCEMENT OF WORK

1. Agreement To Work

By contacting Gobo and submitting a brief by letter, phone, fax, email, text or any other means and asking me to carry out particular services you’ll be deemed to have read, understood and agreed to my terms of trade.

In short, you (“the client”) is hiring Gobo, to design or produce something for you for the estimated total price as outlined in our previous correspondence. If you ask me to start your project without an estimate, you agree to be billed in quarter-hour intervals at my standard hourly rate.

Estimated prices are based on the cost of materials, labour and services as at the date of estimation. All prices are exclusive of New Zealand Goods and Services Tax.

WHAT I AGREE TO DO

2. Scope Of Work

Unless otherwise stated in our previous correspondence, I’ll provide initial draft/concept designs for your project within 21 working days following your design brief. After your feedback on the presented designs, I’ll make any needed changes to your favourite choice until you are satisfied.

3. Final Files

I’ll deliver files to you, either on disk, via electronic email or as a downloadable link, within seven working days after you approve the final design(s), digital files containing the final design(s), in the following format(s): .swf, .svg, .gif, .png or .jpg, optimised for the Internet. .tif, vectorised .pdf or .eps of high enough quality to be printed on business related material.

I’m not obliged to provide my working or native files. This Agreement is for the supply of final design(s) or printed pieces only. For an additional fee, you may request native files. Fees for the purchase of native files will be quoted and invoiced separately.

4. Original Work/Conflicts/Confidentiality

I promise that, except for anything that you give me to incorporate into the design(s):

1. my work will be original and will not be copied in whole from any other work;
2. I own the rights that I’m giving you under this Agreement, or I have secured such rights to any third-party content incorporated into my final design(s); and
3. my work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity.

I promise that this Agreement does not conflict with any other contract, agreement or understanding to which I am a party.

Finally, I promise that I’ll hold and maintain in strict confidence any confidential information that you provide me with (such as proprietary technical or business information) and I will not disclose such information to any third party except as may be required by a court or governmental authority.

WHAT YOU PROMISE ME

5. Pay Me For My Work

Unless otherwise arranged in advance, you promise to pay me the total sum on invoice in the specified timeframe. My terms are payment due upon receipt of invoice. Progress payments will be required where work is completed over an extended period of time. When work is in hand for one month or more, a progress payment equal to the value of the work completed will be requested. Further progress payments calculated on the same basis may be required to be paid on a monthly basis, until completion of the work. Web design and development, or special projects, payment will be required when milestones are completed as set out in our initial proposal. A deposit may be required if you are a customer outside the region, where 25 percent is requested on commencement.

If you ask me to use any third-party content (such as stock photos) in the design(s), you promise to pay me the actual cost of licensing that third-party content for use in the design(s).

You agree that until you pay me in full, you will not acquire the rights or license to use or transfer ownership of any design(s) that I create for you under this Agreement.

6. Pay Me For Extra Work

I agree that the fee you owe me will cover in full all of the work listed in the initial estimate. You agree that if you ask me to make changes or do other work for you that is not covered by this Agreement, you’ll pay me for the additional work at my standard hourly rate. This payment will be in addition to all other amounts you owe me under this Agreement. You also agree that if you ask me to do work outside the scope of this Agreement, I may have extra time to send you the final files for the design(s).

7. You Have Rights To The Client Content

You promise that:

1. you own the rights to use anything you give me (“Client Content”); and
2. using such Client Content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity.

You grant me a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with my work for you under this Agreement and my limited promotional uses as allowed by this Agreement. You also affirm and represent that this Agreement does not conflict with any other contract, agreement or understanding to which you are a party.

8. You Promise To Provide Feedback

You agree that I cannot send you final files unless you give me timely feedback and approve the final proofs I send you. You agree to provide feedback within 30 days so that I can understand your concerns, objections or corrections to the design(s). If you fail to communicate with me for more than 30 days you agree to pay me in full. Any refunds will be at the discretion of Gobo. I agree to listen to your feedback and make changes to the design(s) in response to your feedback. You promise not to unreasonably withhold acceptance of the final design(s).

9. Errors, Omissions And Liability

You promise to check proofs carefully for accuracy in all respects, ranging from spelling and grammar to design and technical illustrations. Your accepted proof either printed or electronic is what will be printed or published. Whilst all care is taken I, as the designer, will not be responsible for any errors that were not corrected by the client on the proof.

My liability is limited to replacing goods, materials or workmanship which are defective. No claim for consequential losses or damages of any kind will apply.

Finally, you agree that my work on this project will be complete and the Agreement will end after I deliver to you final files containing the final design(s) or materials that you’ve approved.