OMK Creative Terms & Conditions
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Our Opening Statement:
OMK Creative is owned and operated by Sarah Austin (Lead Designer) and Wai Skerrett (Creative Director). Through industry experience and extensive research OMK Creative aims to create a welcoming and easy process for clients with high quality production of content for logos, design and business branding.
Communication:
We can be reached by email, our FB business page messenger Monday to Friday between 11am and 4pm New Zealand Standard Time. We will aim to get back to you within 24 hours during these days and times.
Required Information:
You, the client, agree that you will supply all of the necessary information required for your design job including all and any copy, images, logos. You, the client, guarantee to OMK Creative that any elements of copy, graphics, photos, designs, trademarks or other artwork that you provide are either owned by you or that you have permission to use them. Any information that the team at OMK Creative has to source will be charged out at $75 per hour for their time. If anything needs to be purchased for the design job, this cost will also be passed on to you, the client. Wai will discuss this with you before any costs are incurred and any invoices are sent.
Design Job Approval:
Once a design has been approved by you the client, you accept all responsibility for any use of the design in any other process, eg; printing, signage, business cards, logos, social media or website banners. OMK Creative holds no responsibility for any issues or errors that may happen post design approval. Any changes that are required post approval will incur an extra design fee to cover the added time it takes to make design changes. This cost will be discussed with you and an invoice sent before any design work changes are made by a designer at OMK Creative. We will not force any unstated payments before finalising of work.
Design Ownership:
Any design options that are sent to you during the design process are owned by OMK Creative and permission is not given for them to be reproduced by you or other designers. Once a design is approved and fully paid for, you, the client, will own the final design.
Payment Terms:
An invoice will be sent to you, the client, via email for a non-refundable deposit of 50% of the design cost. Once this payment has been received, your initial design work will be emailed to you within 7 working days. All remaining fees will be required before the final files are sent to you via email. Payment is due Seven (7) days from issuance of invoice, unless otherwise organised or stated by either party. A two and a half percent (2.5%) monthly service charge will be billed against overdue invoices/late payments.
Cancellation:
You, the client and OMK Creative may determine to cancel a design job at any time, if the design work /relationship is thought to be unsatisfactory by either or both parties. Written confirmation is required for any cancellation which can be done via email. Ownership of all incomplete and completed files/designs shall have the copyright retained by OMK Creative and therefore cannot be reproduced by anyone else. Once a design job has started if you, the client, fail to make contact with Wai for a period of 60 days then the design job will be cancelled in writing by Wai. A cancellation invoice will be emailed with a 25% fee of the outstanding design cost. Payment is due Seven (7) days from issuance of invoice, unless otherwise organised. A two and a half percent (2.5%) monthly service charge will be billed against overdue invoices/late payments.
Complaints:
All complaints can be made directly us via email: designbyomk@gmail.com
Limitation of Liability:
You, the client, agree to indemnify and hold harmless OMK Creative from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs, but only to the extent caused by, arising out of, the work supplied by OMK Creative.
Our Closing Statement:
Many thanks for taking the time to read our terms and conditions. If you have any queries please get in touch with Wai. This agreement is made between you, the client, and OMK Creative.
Copyright OMK Creative 2020