Terms and Conditions - Please read carefully
This site is operated by Revell Design . Throughout the site, the terms “I”, “me”, “my”, “we”, “us”, “Revell Design”, and “our” refer to Revell Design. Revell Design offers this site, including all information, tools and services available from us to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to us that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will refer to that organisation).
Please read these Terms of Service carefully before accessing or using any of our services. By accessing or using any services provided by us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Payment Terms: We are sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule outlined in any proposals we send or written agreements that we reach (without any deductions, set off or counterclaim). All prices are GST exclusive.
Payment Schedule
Work-to-date on your project will be invoiced at the end of each month, payable on the 20th of the following month. Any remaining balance is to be paid 15 days from receipt of the final invoice for the completed project.
A late payment fee of 10% of the invoiced amount will apply to overdue accounts older than 45 days.Debt collection proceedings will be initiated if no agreement can be reached about invoices that are 60 days overdue. Any costs incurred by us for late payments, including, but not limited to debt collection and or court costs, to recover overdue accounts will be paid by you, (The Client).
Reproduction of Work
The client assumes full reproduction rights upon payment for completed project. You own the graphics and other visual and design elements that we create for you for any project and you should store them safely as we are not required to keep them or provide any native source files we used to make them. Any fonts or thrid party images purchased for your project remain under the licence of Revell Design unless otherwise specified. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to any completed project as part of our portfolio and to write about the projects we have completed on sites, in magazine articles and in books about design
Confidentiality
Revell Design agrees not to disclose any content or information shared by the client to third parties unless otherwise instructed by the client.
Copy
All copy shall be supplied to Revell Design as final copy. The client takes full responsibility for copy proofing and will proofread and sign off any design work before final use.
Compliance
It is your responsibility, as the client and owner of your business to ensure that any images, fonts or other material content (such as, but not limited to, design, words, products, video, downloads) you purchase or supply for this project complies with all relevant legislation, copyright legislation, advertising standards and privacy rules within New Zealand and the countries that you operate in.
Compliance with legislation is entirely your responsibility as the business owner. While we may in good faith help you implement compliance, we cannot be held responsible or liable for past, present or future compliance with the applicable laws. Any advice we may give verbally or in writing should not be treated as professional legal advice. We are not qualified in this area and you should seek independent professional legal advice on any compliance and liability issues.
Rejection/Cancellation of Work
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of payment-to-date and the possible billing for all additional labor or expenses to date.
If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either discontinue our services or continue to commission us to make further design revisions at our standard design rates. Revelldesign reserves the right to cancel the project if the Client is not complying with agreed terms.
Completion/Delivery of Project
Revell Design agrees to deliver the project upon a mutually-agreed upon date. Any delay in the completion of the project due to late content delivery or negligence of client, unforeseen illness, or external forces beyond the control of Revell Design, shall entitle us to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
Changes and Revisions
Revell design does not want to limit either your options or your opportunities to change your mind. The estimate or quoted prices in any Revell Design contract (verbal or otherwise) are based on the amount of work estimated to accomplish everything that you have requested. If you do want to change your mind, significantly change the design, or the boundaries of the project, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly.
We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding.
We may also ask you to put requests in writing so we can keep track of changes.
Refusal of Service
Revell Design reserves the right to refuse service to any individual, site, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
Force Majure
Stuff happens. We agree to suspend our services under any agreements if we are unable to do so as a result of an act of God or similar circumstances such as a force majeure event. The suspension of service will remain in place until services can be resumed.
Contract or Service Termination
If for some reason one part of an Revell Design contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of New Zealand.
Either party may terminate a Revell Design contract under the following circumstances
- immediately if the other party becomes insolvent, or appoints a receiver or manager of their assets; immediately if ownership or effective control of the other party is transferred, where such transfer adversely affects the other party’s ability to perform its obligations under this agreement
- immediately if either party commits a material breach of the obligations under this agreement and fails to remedy that breach within 21 working days of being notified of that breach
immediately if we find the client in breach of any copyright laws (for content, images or design plagiarism) or other legal violations mentioned above - In any of the other specific circumstances as noted in terms & conditions.
In the event of early contract termination by the client, all work done by Revell Design up to the point of termination is immediately payable. If no milestone amount is applicable, or it is a milestone or project with an estimated price, work billable will be calculated at our standard rate. As per our payment terms above, deposits, hosting payments or any payments for any services in advance are non refundable.
Definitions
Agreement: This agreement including the schedules and amendments to those schedules.
Authorised person: The name and position of staff, sub contractors or agents who are authorised to request service under this Agreement.
We: Revell Design employees, owners or sub contractors.
You (The Client): The customer purchasing services under this agreement.
Business day: All other days than Saturday, Sunday and NZ Public Holidays.
Business hours: The hours between 9.00am and 5.00pm on a business day in New Zealand.
Additional charges: The hourly rate at which the customer is charged for additional services not included in this agreement.
Force Majeure event: Circumstances including, but not limited to, interruptions to business such as electrical faults, wind, flood, war, riot, pestilence, industrial action or defaults of manufacturers, suppliers, governments or transport restrictions, i.e. not your common, everyday experiences.
Service: This is what the supplier contracts to do for the customer in terms of the outcome, the service requirement, availability and when it is carried out.
