NICK AVERY DESIGN - CONTRACTUAL NOTES (not applicable to published work)

1. It is the clients responsibility to thoroughly check all proofs prior to printing, whether supplied as digital ‘PDF’ files, printed proofs or xeroxed prints from the printer for any image or typographical errors or omissions. NAD cannot accept responsibility for any errors or omissions found subsequent to final approval for print and receiving finished material from the printer.

2. It is the clients responsibility to settle all invoices relating to printed material in accordance with the payment terms of the printer. NIck Avery Design does not buy print on behalf of it's clients unless previously agreed. Any estimates or quotes for design will not include the cost of printing, print quotes will be supplied as requested.

3. The client is at liberty to terminate the project at any time. Under such circumstances NAD shall be entitled to full remuneration for the work completed to that date, together with all previously agreed expenses incurred upto the point of termination.

4. All predictable expenses have been included in the estimated fees. Any additional unforeseen expenses would besubmitted for approval to the client prior to expenditure.
Work undertaken as a ‘rush’ i.e. to be acted upon immediately would incur an additional charge on an hourly basis.

5. Assisted design - i.e. design amendments made in the company of the client are costed at double the normal hourly rate.

6. The copyright of the work remains with NAD (as set out in the ‘Copyright, Designs and Patents Act 1988’). A license is automatically granted to use the commissioned work on final payment of the invoice relating to thecommissioned work.

7. Any amendments to the design work should be undertaken by NAD, or by prior agreement, approved by NAD in aconsultancy role if undertaken by a third party.

8. The commissioned work must only be used for the purpose originally commissioned. If the work is used in a waynot originally intended, a re-use fee would be payable.

9. The original reproduction files remain the property of NAD and should be destroyed by the printer after use. Anyamendment to the original files would constitute a breach of these terms and conditions unless previously agreed.

10. NAD retains the Right of Integrity over any commissioned work.

11. Images sourced from photographic libraries or an agency by NAD on behalf of the client must only be used within the terms and conditions of the library or agency license agreement held by NAD.

12. All commissioned design work must be paid for, whether approved or rejected, and is costed at an hourly rate on a pro-rata basis. In the event of work being rejected, a percentage of the original total estimated fee would be payable.

13. Fees (and any agreed expenses) would be due on completion of each agreed stage and would be subject to a maximum of 30 days payment from date of invoice.