Terms of Service
CONDITIONS OF ENGAGEMENT
All services provided by Inkdrop Design Ltd are subject to the following terms and conditions.
In these terms of service/engagement
Inkdrop Design is also called “We” or “Inkdrop Design Ltd” in this agreement.
The client means the person or business accepting the terms of this agreement/engagement and is also referred to as “you” or “yourself” in this contractual agreement.
Estimates
Estimates will be honoured for 30 (calendar) days.
Estimates that have been provided to you in writing (email), but not accepted will only be honoured within 30 (calendar) days of the initial date of receipt of the estimate.
Charges and Fees
All new graphic and website design projects require an initial deposit equal to 50% + GST of the estimated total project cost (or no less than $200 + GST) at the time of acceptance.
If the project contains a design phase, then a progress payment as set by Inkdrop Design Ltd is payable on acceptance of the design phase.
The final balance will be due upon completion of the graphic or website design project and must be paid before it is released to the client or published to the internet.
Inkdrop Design Ltd retains the right to hold all project design and development work (with the exception of content and graphics provided by the client), until payment is received in full for such items.
Commencement of Work
Work will begin as soon as is practicable once 1) any required deposits have been paid and 2) the terms of engagement have been agreed to through the submission of the form at the bottom of this page, by the client.
Submission of this form, will form an agreement between Inkdrop Design Ltd and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by Inkdrop Design Ltd – but not yet invocied – in full.
Continuing Authority
The client acknowledges that this is a continuing authority and can only be cancelled by giving Inkdrop Design Ltd 14 days prior notice in writing.
Payment Terms
The client accepts that payment terms in relation to Inkdrop Design Ltd’s fees provide that payment is to be made within 14 days of the date of the invoice unless otherwise agreed with Inkdrop Design Ltd in writing.
If payment is outstanding, the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place.
If the outstanding payment relates to a service provided by Inkdrop Design Ltd, that service will be suspended until the account has been paid in full.
A re-establishment fee may also apply.
Meetings
The initial meeting is always free of charge, any subsequent meetings are chargeable and additional to any project estimates. This includes travel to and from the meeting location.
Website Design Credit
All websites completed or amended by Inkdrop Design Ltd will display a small ‘Design (and/or Development) by Inkdrop Design’ text link in the footer of their website on no less than one page.
By engaging Inkdrop Design Ltd to work with you on your website you agree to the above design credit clause and you agree that this link may not be removed without Inkdrop Design Ltd’s prior consent, or unless some other arrangement has been agreed to – by both parties.
Email Hosting
Inkdrop Design Ltd do not host email accounts, however we highly recommend using Google Apps for domain based (you@yourdomain.com) email hosting and storage, and can recommend technical support in setting this up for you.
Subcontractors
Inkdrop Design Ltd reserves the right to hire subcontractors on any given project should the need arise.
Ownership, Copyright and Source Files
Upon completion of the project and upon full payment for services rendered, Inkdrop Design Ltd transfer all final PDF files as appropriate for printing, or other graphic files as detailed in the job scope and deliverables section of the proposal.
Source Files are not transferred to the client, and remain the intellectual property of Inkdrop Design Ltd. Charges for design work does not cover the release of copyright design source files, including but not restricted to INND, PSD, AI, raw code or other source files; if the Client requires the source files, they will be subject to a separate quotation or ‘buy-out’ charge.
Software and third-party graphics or programs are not transferred to the client, and remain under copyright of their respective owners or publishers.
Inkdrop Design Ltd reserves the right to resell custom designs and websites that remain unpaid or unused by the original client (e.g. elements from initial concepts not selected by the client). Inkdrop Design Ltd reserve the right to resell unaccepted mock-ups or other graphics created by Inkdrop Design Ltd but not in legal use by the client.
Inkdrop Design Ltd reserves the right to display website’s and graphics that have been designed and/or built by Inkdrop Design Ltd on the Inkdrop website (www.inkdrop.co.nz), and in any marketing material.
Squarespace Website Security, and Administrator Level Access
Inkdrop Design are happy to provide administrator-level access to Squarespace-built websites.
However, Inkdrop will not be held responsible for changes made by you, or agents working on your behalf. – it is important you are aware of the responsibilities user access entails, prior to providing others with access to your website.
Deadlines and Time-frames
Inkdrop Design Ltd understands the importance of completing projects in a timely manner.
However, any delays incurred by the client will cause a subsequent delay and alteration to any agreed schedules. This will consequently impede Inkdrop Design Ltd’s ability to meet previously agreed deadlines. Inkdrop Design will not be held responsible for missed project milestones or deadlines, resulting from a client’s inability to meet the requirements of the agreed timeline.
Force majeure and COVID-19.
Please know that we will always adhere to achieving deadlines; however, we want to acknowledge the current challenges that events such as COVID-19 present. We ask for understanding and flexibility if, at any point, a similar disruption affects the studio and our team. As always, we will communicate any timeline concerns at the earliest convenience.
Cancellation Policy
This Cancellation Policy ("Policy") sets forth the terms and conditions governing the cancellation of projects between Inkdrop Ltd ("Inkdrop") and its clients ("Client").
Project Cancellation by Client:
In the event that the Client decides to cancel a project that is already in progress, the Client must provide written notice to Inkdrop 14 (calendar) days prior to the desired cancellation date.
The Client acknowledges and agrees that cancellation of the project may result in a loss to the Studio, including costs incurred as well as the time and effort invested by Inkdrop's team.
The Client shall be responsible for payment of any outstanding fees and costs incurred by Inkdrop up until the date of cancellation.
Cancellation Charges:
Upon cancellation of a project by the Client, Inkdrop reserves the right to charge cancellation fees based on the progress made on the project and Inkdrop's expenses and losses incurred as a result of the cancellation.
The cancellation fees will be determined at Inkdrop's sole discretion, taking into consideration factors such as the stage of completion, the complexity of the project, and the resources allocated by Inkdrop.
Inkdrop shall give notice of any applicable cancellation fees to the Client within a reasonable period after receiving the cancellation notice.
Retention of Intellectual Property:
In the event of project cancellation, the Client shall not be entitled to use any preliminary designs, concepts, or materials provided by Inkdrop, except with Inkdrop's written permission.
The Client acknowledges that all intellectual property rights, including but not limited to copyrights and trademarks, associated with any unfinished work or completed deliverables, remain the property of Inkdrop.
Refunds:
Inkdrop reserves the right to retain any fees already paid by the Client prior to cancellation to cover costs and losses incurred up to the date of cancellation.
Refunds, if applicable, will be determined on a case-by-case basis and at Inkdrop’s sole discretion.
Any refund provided by Inkdrop shall be limited to the fees already paid by the Client, minus any applicable cancellation fees and expenses incurred by Inkdrop.
Dispute Resolution:
In the event of any dispute arising from the cancellation of a project, the parties agree to negotiate in good faith to resolve the matter amicably.
If the dispute cannot be resolved through negotiation, the parties may pursue alternative dispute resolution methods such as mediation or arbitration, in accordance with the laws and regulations governing the jurisdiction in which Inkdrop operates (New Zealand).
Modifications:
Inkdrop reserves the right to modify or update this Cancellation Policy from time to time. The most current version of the Policy will be made available on Inkdrop's website or provided to the Client, upon request.
By engaging in a project with Inkdrop, the Client acknowledges and agrees to be bound by this Cancellation Policy.
Non Communication
If Inkdrop Design Ltd is unable to communicate with a client on a project for an extended period of time (5 business days) – by phone or email, the project will be put on hold.
Any previously agreed to time-frames or deadlines will be null and void and will need to be reassessed upon the resumption of communication.
Non Payment
If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended.
These services shall be reinstated once payment (in full) has been received.
The client also accepts that a debt recovery process may be put in place if the account remains outstanding, and they will be liable for all associated debt recovery & legal fees.
If the account remains outstanding after a debt recovery process has been completed the client accepts that they will be default listed.
Liability
Services purchased from Inkdrop Design Ltd are provided “as is” without warranty of any kind.
In no event shall Inkdrop Design Ltd be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, design services, marketing advice, web hosting and/or goods provided to the client. This includes, without limitation, lost sales, business interruption, reputational damages, loss of data or any other loss directly resulting from the use of an Inkdrop output, advice or service. All risk associated with any Inkdrop Design service, vests solely in the client. All work should be signed off by the client, prior to completion to ensure it adheres to their brand and business guidelines, this responsibility is the client’s.
Acceptance
Please note that by submitting the form below you are agreeing to all of Inkdrop Design Ltd’s terms of service as written above.
Inkdrop Design Ltd reserves the right to change or update these terms at any time without prior notice. If you would like to be notified of updates or changes to these terms, please check the box below.