Terms of service

Effective Date: 10 April 2025

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These terms explain how I work with clients and what you can expect when you engage Rubyfive Design ("I", "me", or "my"). By working with me, you agree to the following:

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Key Terms

• Client – that’s you, the person or business engaging me.

• Deliverables – the work I produce for you.

• Final Deliverables – the finished work you've approved.

• Proposal – a written outline (usually by email) of the work, timeline, and cost.

• Scope of Work – the list of tasks or services included in the project.

• Project Price – the total cost agreed for the work.

 

1. Services

I provide branding, website, and graphic design services. The scope, timeline, and cost will always be confirmed in writing before any work starts.

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2. Working Together

You agree to:

• Provide clear and timely feedback;

• Send through content, images, or materials needed for the job;

• Let me know promptly if anything changes.

 

If you’re late getting back to me or sending what’s needed, that can delay your project.

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3. Copyright and Ownership

I keep the copyright for all concepts and early ideas. Once full payment is received, you own the final approved design files. Anything not used stays mine.

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You can’t reuse or modify unused concepts. I may reuse elements or ideas not included in your final files.

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I also reserve the right to showcase final designs in my portfolio or on social media (unless we’ve agreed otherwise in writing).

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4. Font Licensing

Some fonts I use may require a separate licence. I’ll let you know if this applies. You’ll need to purchase your own licence if you plan to use a font in editable documents or on your website.

I can’t share fonts I’ve purchased—this is a legal restriction, but I will let you know where you can purchase your own license.

 

5. Payment

Payment terms will be outlined in your proposal or project confirmation. A 50% deposit is standard, with the balance due before delivery of final files.

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Invoices are due within 30 days unless we agree otherwise. Late payments may result in fees or delayed delivery.

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If you pause the project for more than 30 days, I may invoice for work completed to date.

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Extra costs (like printing, courier, travel, premium fonts or plugin subscriptions) will only be added if we agree in advance.

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6. Revisions and Changes

The number of revision rounds will be confirmed before we start. Any changes beyond that, or requests outside the original scope, may result in extra charges and an updated timeline.

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7. Cancelling a Project

You can cancel your project at any time in writing. I’ll invoice for any completed work. Refunds are considered on a case-by-case basis.

I reserve the right to cancel a project if there’s misconduct, repeated lack of communication, or non-payment.

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8. Responsibility and Limitations

I do my best to deliver work that’s original, accurate, and appropriate for your needs. But I’m not liable for:

• Third-party platforms you use (like Wix or Shopify);

• Technical issues, delays, or outages;

• Changes made to your project after delivery;

• Licensing fees or plugin subscriptions;

• Errors in your supplied content or materials.

 

I perform basic checks for plagiarism and originality but you are responsible for carrying out final legal checks.

My total liability is limited to the amount you paid for the project.

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9. Website Backups and Maintenance

Unless we’ve agreed otherwise, I do not provide ongoing maintenance or backups. It’s your responsibility to ensure your website stays up-to-date and backed up.

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10. Privacy

I treat all client information as confidential and will only use it to complete your project.

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11. Names and Trademarks

It’s your responsibility to ensure your business or product name is legally available. I can’t check trademark databases or guarantee your name is free to use.

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If a name change is needed after design work has started, I may charge extra to accommodate the change.

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12. Your Content

You are responsible for the accuracy and legality of any content you supply. This includes text, images, and logos. I’m not liable for any content you don’t have the right to use.

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13. File Delivery and Storage

Final files will be delivered digitally (via email, cloud storage, or another method we agree on). You are responsible for downloading and safely storing them.

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I keep files for at least 6 months after delivery but may delete them after that.

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14. Final Approval

I’ll test or check everything before delivering final files. You have 5 business days to request changes. If I don’t hear from you, I’ll assume you’ve approved the work.

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Any changes requested after approval may incur additional fees.

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15. No Promises on Results

I can’t guarantee that design work will boost your sales, rankings, or business outcomes—but I’ll do everything I can to set you up for success.

 

16. Ending the Project

Either of us can end the project with 5 business days’ notice if there’s a serious issue and it isn’t resolved in that time.

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17. Subcontractors and Assigning Work

I may use trusted collaborators to help with your project if needed. You may not assign the project to someone else without my permission.

 

18. Disputes

If something goes wrong, we’ll try to resolve it by talking first. If needed, we can go to mediation or arbitration under New Zealand law.

 

19. Unexpected Events

If something outside either of our control affects the project (like a natural disaster or major service outage), we’ll agree on a fair extension or workaround.

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20. Legal Bits

• If one part of these terms is invalid, the rest still apply.

• Changes must be agreed to in writing.

• Just because I don’t enforce a term right away doesn’t mean I’ve waived it.

• These terms replace any earlier agreements between us.

 

21. What Continues After the Project

Some clauses (like intellectual property, liability, and dispute resolution) still apply even after the project ends.

 

22. Governing Law

These terms are governed by New Zealand law.

 

23. Contact

Questions? Reach out to Steph at steph@rubyfivedesign.co.nz.