Robert Parnass Design Freelance Terms & Conditions
When you engage Robert Parnass Design to perform work in a freelance or independent contractor capacity, you will be required to accept the Robert Parnass Design Freelance Terms & Conditions.
Agreement between Robert Parnass, owner/operator of Robert Parnass Design (hereinafter referred to as “Robert Parnass Design”), and You, the authorised representative of “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Freelance Digital Designer, Web Designer, Digital Producer or Graphic Designer.
1. HOURLY RATE
A flat rate will be charged per hour for work carried out during the normal business hours (9:00am – 5:00 pm) unless an agreed hourly rate is negotiated between The Client & Robert Parnass Design before work commences in writing This agreed hourly rate is to remain confidential between The Client and Robert Parnass Design. Robert Parnass Design reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.
2. DAILY RATE
Where a client prefers to engage Robert Parnass Design at a fixed Daily Rate, Robert Parnass Design will negotiate with the client to an agreed rate which is to remain confidential between The Client and Robert Parnass Design. Robert Parnass Design reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
3. OVERTIME RATE
The overtime rate is applicable outside the normal business hours of 9:00am – 5:00pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 38 hours per working week, and any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
4. SUPERANNUATION GUARANTEE
In cases where Robert Parnass Design is required to perform duties on a client site at a specified time at an hourly or daily rate, the Australian Taxation Office deems the relationship to be that of employer/employee. Therefore, when the payment for Freelance Services exceeds $450 in 1 (one) calendar month, Robert Parnass Design’s invoices include a Superannuation Guarantee component. This has been incorporated into your hourly rate with Robert Parnass Design, and will appear as a separate entity on the invoice. Superannuation in Australia is currently 9.5% .This must be paid directly to the nominated Superannuation Account and details will be noted on the invoice.
5. EXCLUSIVE BOOKING
Where The Client has requested the services of Robert Parnass Design on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.
6. MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING
A minimum of 4 (four) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is cancelled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced.
7. ADDITIONAL WORK
Robert Parnass Design reserves the right to charge without notice for any additional work caused by requested changes in job description, additions and alterations. However, where possible we will try tonotify you of any extra costs.
This is defined as any work involving additions to the list of items defined in the Project Proposal / Brief or changes to all pieces of finished artwork after sign off or payment by an authorised representative of the Client.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further works being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
REVISIONS
3 revisions by client is considered standard, any further revisions are considered additional work.and client will be charged accordingly at an hourly rate.
8. USE OF THIRD PARTIES
Robert Parnass Design is permitted to use other persons to provide some or all of the Graphic Design Services
Any fees associated with the use of Third Parties will be directly invoiced to the Client. The Client is liable to pay the Third Party directly.
Robert Parnass will not be liable for work undertaken by any Third Party.
9. DESIGN / WORKING OR CONSTRUCTION FILES AND UNUSED CONCEPT FILES
Working files, construction files and unused concepts include, (but are not limited to) Indesign, Illustrator, Photoshop - remain the property of Robert Parnass Design..
In the event of Termination, prior to the completion of the Graphic Design Services, the Client, upon proper payment of all outstanding Fee(s) for work undertaken, may request the release of the collected working files.
Robert Parnass Design will charge, and the Client will pay Robert Parnass release fee for these files.
10. PAYMENT
The client agrees to the payment terms as dated on invoice - Payment terms are considered 'Upon Receipt' unless where they have contacted Robert Parnass Design to arrange an extended payment term . Robert Parnass does not supply credit and a interest rate of 10% may be added to any extended payment period.
Robert Parnass Design holds the right to supply watermarked files, with watermark only being removed once payment is complete.
INVOICING
Robert Parnass Design invoices weekly.
DISCOUNTS
Any discounts are only valid where payments are made within the payment terms & conditions listed here and may be deemed void after invoice due date and payment has not been made the full total of invoice excluding the discount will serve as the total amount owing.
LATE FEES
A late fee of 5% will apply when payment is not received by the due date and then additional late fee of 5% every 7 days until invoice is paid in full. If you have trouble paying or wish to make an alternative arrangement, please contact me before the due date,
DEBT RECOVERY
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs. Robert Parnass Design accepts payment by direct deposit and the bank account details will be made available to you when the invoice is sent.
11. DEFAULT
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque.
Robert Parnass Design shall be considered entitled to remove Robert Parnass Design and/or the client's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Robert Parnass Design reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.
12. CONFIDENTIALITY
Robert Parnass Design agrees not to misuse or disclose any confidential information that may be made available by The Client.
13. CLIENT RESPONSIBILITIES
All reasonable care will be taken to ensure work is completed to the highest achievable standard however Robert Parnass Design will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
The Client is responsible for all content proofing which includes spelling mistakes and errors. Robert Parnass Design will not be held liable or responsible for errors published or printed once a final proof has been approved and signed off by the Client.
By means of final approval and final sign off the Client acknowledges they have checked the project as well as any details relating to their business and confirm all details are correct.
Ensure that all communications in relation to the Graphic Design Services, and any amendments to the Graphic Design Services and/or the Brief, are provided, in writing, are clear, concise and effectively communicate the Client’s instructions. Any delay caused by ambiguous instructions will be soley the fault of the Client.
The Client agrees to behave through all communication in a professional, courteous and respectful manner towards Robert Parnass Design. Any actions towards Robert Parnass deemed to be disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of the Client may result in termination of this Agreement and the deposit will serve as a cancellation fee, along with pro-rata payment based upon the time spent if it exceeds 50% of the quoted work.
Publication and/or release of work performed on behalf of the Client by Robert Parnass Design may not take place before cleared funds have been received, or proof of remittance has been received by Robert Parnass Design, by e-mail rob@robertparnass.com.
The Client will abide by payment conditions as mentioned in section 10 above.
14. CLIENT RESPONSE TIME & PROJECT DURATION
The Client must respond to Robert Parnas design within five (5) working days to each draft submission or where a request for information or assets have been made to prevent project suspension. In such a case the project will be considered to be on hold and the project will be archived and the client invoiced for work to date. To recommence work on an archived project, rescheduling milestones or timeframes will need to be adjusted accordingly. If the Client fails to respond after thirty (30) days Robert Parnass Design may consider this Agreement terminated. At such time Robert Parnass Design will have no further obligations to the Client, and the Client must pay all fees and expenses associated with the work performed, and the client may be charged a re-instatement fee to recommence work
15. SUPPLY OF CONTENT
Where verbal instructions only are received, all care is taken but ultimately Robert Parnass Design shall not be responsible for errors or omissions due to misinterpretation of those instructions. We prefer instructions to be given in writing, email, forms or meeting with us. If we proceed based on an instruction by you, either verbally or in writing, an invoice will be issued at the completion or termination of the job or request.
For all content inclusive items e.g., websites, brochures, business cards, forms etc, all text must be typed and supplied in a common text editor in digital format and be emailed in a clear, legible and easy to understand format.
If you have any existing logos or other job related logos — it is preferred that they be supplied in Adobe Illustrator or EPS format. If logos are supplied in JPG format or have “pixels” within them, the file will be submitted to a quality control test and may need to be retraced to meet quality reproduction standards and therefore will incura charge.
All images must be supplied in CYMK high resolution for print and either high resolution RGB or optimised RGB for screen for. Otherwise a scanning fee or a stock image search and licence fee may be incurred. It is preferred that all Images and text must be provided to Robert Parnass Design before commencement of work.
Any existing artwork you wish to supply that has been created in Publisher or Word files are not acceptable.
Rescheduling of milestones or timeframes due to delays in providing content/assets may need to be adjusted accordingly.
16. ARTWORK APPROVAL, ERRORS AND OMISSIONS
Robert Parnass Design will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, Robert Parnass Design is not liable for loss, expense or damage caused by any act or omission.
17. NATURE OF COPY
The Client agrees to exercise due diligence in its direction to Robert Parnass Design regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Robert Parnass Design prepares. Robert Parnass Design will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
18. COLOUR VARIATION IN PRINT
With all physical external printing there may be some colour variation from what is viewed on a digital display or desk top printer, to what the final print production is. All external printers are different and will read colour slightly different with a 15% variance. There will be no reprints at the expense of Robert Parnass Design once final approval has been provided by the Client. It is recommended by Robert Parnass Design that all new jobs require a printed proof or colour sample provided. If deadline is tight or short time frame project, this is at the risk of the Client if time has not been allowed for this. It is recommended where possible for Client to supply CMYK, or Pantone breakdowns where by designer / printer has a universal standard to follow if colour replication is an issue.
19. COLOUR VARIATION IN DIGITAL
All colour computer digital display monitors vary slightly and this is due to many factors. It is recommended where possible for Client to supply RGB, or Pantone breakdowns where by designer has a universal standard to follow.
20. COPYRIGHT
Copyright of all files and artwork remains with Robert Parnass Design until final payment is received.
Client maintains copyright privilege over Client provided graphics and visual elements once paid.
Release fee is required if Client wishes to have working files. Simple files $30 release fee / Complex files - cost will be determined on case by case.
21. LIABILITY
Robert Parnass Design makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred preparing work for The Client in a freelance capacity. To the extent permitted by law, Robert Parnass Design shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
22. CANCELLATION / TERMINATION OF AGREEMENT
Should The Client wish to cancel/terminate the agreement and discontinue any work in progress for any reason, The Client must notify Robert Parnass Design immediately of this intention. Hours worked to that point will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.
23. VARIATION IN TERMS
These terms can only be varied, amended or altered by written agreement between Robert Parnass Design and The Client.