Terms

All work will be estimated based on the information available prior to a project start.

Outside costs such as illustration or photography image hire, equipment rental and artwork licenses, if any, will be estimated separately at the outset or you will be notified during the project. If any work is anticipated to exceed estimated costs as outlined in any estimate proposal, we will obtain the approval of yourselves before proceeding with the work; alternatively, you may decide not to include said work.

Project status and/or approval meetings will be scheduled regularly throughout projects or at an agreed interval.

Payment

A 20% deposit is required to start work, with the remaining balance due at project completion. If we have worked together before, please discuss, we may be able to waive this on a case by case basis.

Late accounts could cause project work to be discontinued until the account is brought current.
Any estimate is valid for up to 30 days. Inactivity for more than 30 days after beginning the project may invalidate estimates.

When a project is delayed beyond 30 days we will bill for work completed to date. Any additional Client-requested work outside the scope of any proposal would be billed additionally on a time-and-materials basis at standard rates.

Intellectual Property

All products relating to work performed by Nicky Dyer under an engagement with you will remain Nicky’s property until payment for services is received in full.

Upon receipt of payment in full, all rights to final deliverables will be automatically transferred to you/the client as outlined in any estimate. Working files and creative concepts not accepted or purchased will remain Nicky’s property.

Nicky reserves the right to use work samples in online and print portfolios.

You must be the copyright holder for all materials supplied for inclusion in any branding or design work, or have permission to use the materials from the copyright holder. We are not responsible for any copyright violations.

Termination

Our working agreement can be terminated at any time by either party unless agreed otherwise. In the event of cancellation we will charge for work already completed and for any extraneous expenses that have accumulated up to the cancellation date. If we have received advance payments that have not been used for work performed, we will reimburse these for any applicable overpayment within 1 month of termination.

Limitation of liability and dispute resolution

You agree that you shall not hold Nicky Dyer liable for any incidental or consequential damages that arise from the failure to perform any aspect of the project in a timely manner, or that result from causes reasonably beyond the control of Nicky. In no event shall Nicky Dyer be liable for indirect, incidental, or consequential damages, including, without limitation, loss of profits or interruption of business. Any disputes arising out of this agreement shall be submitted before a mutually agreed-upon arbitrator.