As far as the law permits, and other than as set out specifically herein, Eyecue Design:
(a) gives no warranty or undertaking;
(b) makes no representations or promises regarding the Branding, Design Works, Website, Advertising and Promotional Materials, their characteristics, performance or suitability for The Client's purposes, and all implied warranties, undertakings, representations, terms, conditions and promises are excluded.
Eyecue Design shall not be liable for any special, indirect or consequential damages, loss of profit, goodwill, revenue or loss of anticipated saving or loss, or corruption of data arising as a result of a breach of the terms and conditions of this Agreement by that other party or as a result of a breach of duty of care or negligence arising at law.
Eyecue Design is not responsible for any statement or representation concerning the Advertising and Promotional Materials made by any other person and The Client acknowledges that it has not relied on any such statements or representations. Eyecue Design does not promise that the Advertising and Promotional Materials will operate continuously or be free of errors.
The client agrees to indemnify and hold harmless Eyecue Design & Related Parties from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs arising out of, the work supplied by the designer.
All artwork requires a deposit, the remaining amount as agreed or determined by a standard hourly rate will be billed.
Final full payment, less any deposit paid, will still be billed and expected to be paid, regardless if Eyecue Design is not able to complete the project due to the client not providing the material and/or feedback essential for Eyecue Design to finalise project.
Any artwork/ graphics remain the exclusive property of Eyecue Design until all outstanding accounts are paid in full.
Following consistent non-payment of an invoice, steps will be taken to further the matter of non-payment and if need be to seek payment through legal procedures, and if necessary court summons. Legal fees & court costs will be at the cost of The Client.
Intellectual Property (IP)
Ownership of all IP Rights & Copyright associated with the Design, Branding, Advertising and Promotional Materials provided will remain vested with Eyecue Design. The Client agrees that all IP Rights, whether currently existing or arising in future, are the absolute property of Eyecue Design for the full term of such IP Rights, throughout the world. Eyecue Design grants to The Client a non-exclusive licence to use the Brand, Advertising and Promotional Materials for all purposes within the reasonable contemplation of the parties. Unless otherwise stated, Eyecue Design will have the exclusive right to use or reproduce any artwork for self promotional purposes.
The ownership of copyright in all Works produced by the Designer which are not ultimately used remains with the Designer. The Designer also retains copyright in the following:
- (i) Draft concepts and ideas;
- (ii) Working notes and any other internal written materials;
- (iii) Preliminary drafts, drawings illustrations, photographs, and designs;
- (iv) Preliminary electronic works including website drafts, source code development tools, programs, multimedia applications and notes;
- (v) Draft sound recordings, outtakes, storyboards, scripts and concepts;
- (vi) Designs which are rejected by the Client; and
- (vii) All Source files.
Confidentiality & Changes
Eyecue Design records all phone calls with clients or prospective clients to aid in factual understanding and clarity of instructions or to keep records of emails and text (SMS) messages for the same purpose. Eyecue thus agrees not to misuse or disclose any confidential information that may be made available by The Client to any unrelated party. By engaging with or engaging Eyecue to perform services, seek estimates or advice, these terms as stated are agreed to in full. It is encumbent on a person/client to look at and understand the above terms in any interaction with Eyecue Design.
These Terms & Conditions could be subject to change without notice