T E R M S – A N D – C O N D I T I O N S

Terms and conditions may change without notification

Signing off
All projects entered into with Elan Design must be signed off at the Visual proof stage. All text and copy are to be supplied by the client
before finished art can be commenced unless copywriting has been requested. The text must be signed off by the client as being the correct and final text. Copywriting fees at $100 per hour. Completed Finished Art must be signed off by the client before being sent to the printer by the Director, his/her signatures, or proxy. Elan Design accepts no responsibility for any spelling or grammatical errors if the client does not sign off text copy before any project is sent to the printer.

Amendments
One set of free amendments is built into each project undertaken by Elan Design Ltd. This includes any corrections. Amendments only apply to minor changes to text and may include minor addition of sentences to improve text flow or improve grammar. Thereafter any amendment to a project undertaken between Elan Design limited and its clients the client will be charged at standard hourly studio rates. The onus is on the client to make sure that all amendments and text alterations are completed on the first free set to keep extra charges to a minimum

Additions
An addition is an element of either text, graphic, photograph or illustration to be added after work is presented to the client for final approval. Any addition will be charged at standard studio rates.

Change of design
A change in design is defined as a client request to alter the design of work undertaken for any client working by Elan Design Ltd after visuals have been signed off and work has been presented to the client for final approval. Any change will be charged at standard studio rates.

Cancellation
At any stage should the client wish to cancel or put on hold work in progress the client will be invoiced
for work up to the date when the project is put on hold or canceled. This may take effect after 14 days with no further
progress on any of the projects. After 14 days of no activity on any project undertaken between Elan Design Ltd and its clients full payment of labour and expenses becomes due and payable within 30 days of the invoice being sent out.

Elan Design Ltd agrees to meet all mutually set deadlines. To supply all work proofed signed off. Text accuracy is the client’s responsibility
the client and must be signed off before being sent to print.

Elan Design Ltd is in no way liable for any damages brought against it by either public or business organizations

Illustration and Photographic commissions and original design files.

All original Illustrations and Photography remains the property of
Elan Design and Illustration ltd unless a purchase of the original Illustration or Photograph is arranged.

Buy Outs

Once Artwork, design files, Illustration, and photography work commissioned by the client has been paid for.  The client takes possession of the files and they become the intellectual property of the client.  However, the original Illustration, Photography or design, and HTML file remain the intellectual property of Elan Design/  In some case the client may wish to buy the original rights and take possession of the original artwork or files.  This is at the discretion of Elan Design and it’s directors or proxies

Work in progress

Projects may progress in stages upon request.
Work in progress payments applies to any project likely to take more than a week to complete. Elan Design ltd (Elan Design and Illustration Ltd) reserves the right to invoice for work in progress at 2 weekly intervals or at the completion of each stage of a project. Work in progress payments must be paid before the next part of a project can commence.

Intellectual property.

All material on this or any future website that promotes Elan Design and Illustration ltd is the Intellectual property of Elan Design and Illustration ltd and of Its director, Unauthorized use or copy of any material created by Elan Design and Illustration ltd on this website including concepts or any artwork and design for print or promotion of Elan Design and illustration’s clients and created by Elan Design and Illustration ltd will be litigated to the full extent of the law

Payment: 7 days or Cash on Delivery where determined by Elan Design
7% late payment fees are charged for payment each month over 40 days of the invoice being due for payment compounding monthly.
Payment is cash on delivery in full unless arranged prior with Elan Design Ltd for all clients. Credit references may be requested.

Overdue Payment
Terms are 7 days unless by arrangement. Any client invoice over 40 days past settlement date (47 days) may at Elan Design’s discretion be forwarded to our ledger service company incurring an additional 25% invoice management fee over and above any late invoice fees chargeable monthly at 7%. At the discretion of the directors, any invoice over 47 days overdue may be forwarded to a ledger service and this will incur an additional 45%  fee.  We advise payment before this date

Website Terms

Payment: 33% deposit, 33% on sign off of designs.
The balance on completion and prior to launching the site.
Payment is cash on delivery in full unless arranged prior with Elan Design Ltd for all clients.
Work in progress Projects may progress in stages upon request. Credit references may be requested.
Websites typically require three equal payments or milestones. These are deposits before work starts, after the presentation of designs and the approval
of design work either written or verbal, and prior to launching the website.  Payment of each milestone represents approval and sign off by the client as each
stage cannot proceed until funded unless by prior written consent between Elan Design and it’s ClientsSign off each stage can be achieved in writing or
by simply making payment for each stage.

Completed, Finished Art must be checked by the client before being sent to the printer by the Director, his/her signature, or proxy. Elan Design Ltd accepts no responsibility for any spelling or grammatical errors after presentation and approval by the client of finished artwork produced by Elan Design Ltd and its associates. The client is responsible for the final proofreading. (however, via the Content management system any corrections or amendments are easily made)

Amendments and Corrections

Text Amendments
One set of free text amendments is built into each project undertaken by Elan Design Ltd. This includes any text corrections.

Thereafter any amendment to a project undertaken between Elan Design Limited and its clients, the client shall be charged at $100 per hour for additional amendments after the first free set. The onus is on the client to make sure that all amendments and text alterations are completed on the first free set to keep extra charges to a minimum. Prior to the website launch, it is the client’s responsibility to check that everything is to their satisfaction and working as they would like. 

Design Amendments
If amendments are required after initial designs have been approved additional fees at $100 per hour shall be incurred.
Typically the design process is:- to accept a brief, produce concepts and designs, present designs, attain client approval, and finally produce artwork for print or web. On rare occasions, designs need to be altered post-approval of the initial designs usually due to unforeseen circumstances the client happens upon. Naturally, we need to charge for these alterations due to the parameters of the brief change.

Cancellation

At any stage should the client wish to cancel or put on hold work in progress, the client will be invoiced for work up to the date when the project is put on hold or canceled. This may take effect after 21 days with no further
progress on any of the projects. After 21 days of no activity on any project undertaken between Elan Design Ltd and it’s clients, full payment of labour and expenses and any outstanding fees becomes due and payable within 30 days of no activity on a client’s account.

Guarantee

Elan Design Ltd agrees to guarantee the functionality of all the websites as outlined by the agreed website scope upon launch for  12 months. Please note that there is a 1 month debugging period after launch where the site may need to be tweaked for optimum performance. Please note that some earlier browsers such as Explorer 6 may not display the site exactly as intended.  Should any fault develop within the website Elan Design will repair it at no cost to the customer during the period of the Guarantee.
Elan Design is in no way liable for Acts of God such as Earthquakes or other acts of nature that may interrupt the display of your website on the internet. Elan Design and its associated companies are also not liable if any act of malicious hacking takes place. Furthermore, Elan Design is in no way legally responsible for any lost or potential income due to website fault after the Guarantee expires. Elan Design is not responsible if any of the website hosting companies we work with to display our client’s websites either cease to operate or provide interrupted service due to operator error, the act of god, or malfunction.
 We recommend clients keep their own backups of their website on their computers.

Website Hosting 

Elan Design pays for website hosting in advance meaning that we pay our web hosting company for 1 year’s hosting for your website Mid Year and invoice you November each year for 12 months of web hosting. Terms are 7 days.  Failure to pay Web Hosting fees after a reminder has been sent out may mean your website is suspended until payment is received. 
Cancellation.  Web hosting payment is made in advance therefore no refunds are offered after web hosting for the  hosting year starting November 7th 

Legal notice

By proceeding with any Elan Design project the client agrees that Elan Design and Illustration Ltd is in no way liable for any damages.

Intellectual property.
Upon full payment for services rendered for design, production,  Web hosting website including any charges other fees or expenses relating to your website or websites,
your website or websites becomes your legal property.  Until full payment is made,  all work undertaken for our clients remains the intellectual and legal property of Elan Design

Print and Web: All Prices exclude GST