Terms of Service
 
By engaging RUBYFIVE DESIGN the CLIENT agrees to acceptance of these terms.
 
  1. PARTIES The term RUBYFIVE DESIGN, as mentioned in these terms and conditions, shall refer to Stephanie Holt T/A Rubyfive Design located at 73A Redwood Street, Blenheim, Marlborough 7201, New Zealand. CLIENT, as mentioned in these terms and conditions, shall be the party signing this proposal and issuing the purchase order (if applicable) to RUBYFIVE DESIGN.
     

  2. ESTIMATE PARAMETERS This proposal is based on project parameters defined by the CLIENT during the initial briefing. RUBYFIVE DESIGN reserves the right to bill in addition to these estimated fees, should the scope of the project change, or should the submission of text, artwork or input materials not conform to the information upon which the original estimate was based. Change orders will be generated detailing additional scope and associated fees for any revisions to text or design components requested by the CLIENT after layouts with text have been provided.
     

  3. ORDERS, AWARDED CONTRACTS CLIENT’S orders regularly placed and/or any contracts awarded, whether verbal or written, cannot be cancelled except upon terms that will compensate RUBYFIVE DESIGN against loss incurred for work performed.
     

  4. CONCEPTUAL WORK Conceptual work performed at CLIENT’S request, such as preliminary sketches, drawings, copy writing, composition and materials will be charged for at RUBYFIVE DESIGN’s current rates and therefore may not be used without payment by CLIENT.
     

  5. ALTERATIONS Quotations are only for work produced according to the original specifications. CLIENT’S revisions, additions, changes and/or alterations, whether requested verbally or in writing, represent work performed in addition to such original specifications. All such work shall be charged for at RUBYFIVE DESIGN’s current rates.
     

  6. BILLING/INVOICES RUBYFIVE DESIGN requires a deposit of 50% of the project fees be paid prior to project commencement and the 50% balance paid upon CLIENT approval of the projects final deliverable. If for any reason, the CLIENT suspends or cancels the project after the terms and conditions have been signed, RUBYFIVE DESIGN will retain the entire deposit as compensation for services rendered. In the event of project cancellation, all files, creative explorations and designs remain the property of RUBYFIVE DESIGN.
     

  7. OUT OF POCKET COSTS/MISCELLANEOUS CHARGES Out of pocket costs are inclusive of general courier services, travel & parking, in-studio printing, etc. Long distance travel including airfare, lodging, ground transportation, meals, and all other related travel expenses are not included in the professional services fees. These fees are billed at cost. All out of pocket costs will require written approval by the client prior to being incurred.
     

  8. CANCELLATION/DELAY/WORK IN PROGRESS If CLIENT cancels an order or withdraws material while work is in process and/or prior to completion of the end product, and/or after the execution of this Terms & Conditions contract, RUBYFIVE DESIGN assumes no responsibility for the completion of the end work and is entitled to compensation for all work completed at the time of cancellation or withdrawal. 
     

  9. ABANDONMENT Should there be no contact between RUBYFIVE DESIGN and CLIENT for a continual 6 months whilst a project is active, despite best efforts to make contact with CLIENT, the project will be considered abandoned and cancelled. Should CLIENT resurrect the project after abandonment, RUBYFIVE DESIGN reserves the right to issue a new quote to reflect any changes in pricing. 
     

  10. TERMS CLIENT’S payment is due 14 days from date of invoice. Invoices unpaid after 14 days will attract a 10% late fee, with an additional late fee of 2.5% incurred every subsequent week. RUBYFIVE DESIGN’S clerical and invoicing errors are subject to correction. 
     

  11. OWNERSHIP Each end product produced by RUBYFIVE DESIGN is the property of CLIENT who ordered the product. All intermediate materials including, but not limited to, electronic data, electronic media, drawings, sketches, artwork, copy, film negatives and positives, any separations, etc., originated and/or provided by RUBYFIVE DESIGN and used in the production of end products are the property of RUBYFIVE DESIGN unless otherwise specifically agreed to in writing. All such intermediate materials originated and/or provided by CLIENT are the property of CLIENT. No use of property of RUBYFIVE DESIGN shall be made, nor any ideas obtained therefrom be used, except upon consent of RUBYFIVE DESIGN. RUBYFIVE DESIGN shall retain exclusive copyright on all concepts and work created by RUBYFIVE DESIGN until CLIENT pays all invoices relating to the project in full. Any and all conceptual work developed by RUBYFIVE DESIGN and submitted to CLIENT for consideration, but not incorporated into the final design, shall remain the exclusive property of RUBYFIVE DESIGN. For purposes of presenting/marketing examples of its work in any manner, including on its website, RUBYFIVE DESIGN reserves the right to publish or display any element of any project to which RUBYFIVE DESIGN contributed.
     

  12. STORAGE RUBYFIVE DESIGN shall retain intermediate materials (physical or digital) until CLIENT has accepted the related end product. If requested by CLIENT, intermediate materials shall be stored for an additional period of up to one year, for which a charge can be made. In the event that materials provided or originated by CLIENT have remained inactive for more than two years, RUBYFIVE DESIGN will consider such materials abandoned and said property will revert to RUBYFIVE DESIGN’S ownership. All CLIENT’S property will be stored at CLIENT’S risk. While every reasonable effort is made to protect CLIENT’S data, the integrity of stored electronic data and/or media cannot be guaranteed due to technological limitations of media and devices available.
     

  13. RESPONSIBILITY RUBYFIVE DESIGN is not responsible for the quality or accuracy of any original material (physical or digital) that may be supplied by CLIENT or any other agent of CLIENT. It is the responsibility of CLIENT and/or its agent to examine and/or proofread all concepts, final product, negatives, positives, proofs and/or press plates before going to press. RUBYFIVE DESIGN’S sole responsibility is to correct its own product. Under no circumstances will RUBYFIVE DESIGN be liable for any losses and/or consequential damages including, but not limited to, loss of press time, production time, labor, and/or paper, ink or other materials resulting from defects or errors in any of RUBYFIVE DESIGN’s products.
     

  14. INDEMNIFICATION CLIENT shall indemnify and hold harmless RUBYFIVE DESIGN from any and all cost, expense and damages including, but not limited to, legal fees, court costs and/or consequential damages, on account of any and all manner of claims, demands, actions and proceedings that may be instituted against RUBYFIVE DESIGN on grounds alleging the job: (a) contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal right, or (b) fails to comply with any local, national or international law, act or regulation.
     

  15. CONTINGENCY RUBYFIVE DESIGN shall not be liable for loss or damage caused to CLIENT as the result of problems beyond the control of RUBYFIVE DESIGN including, but not limited to, Acts of God, labour disputes, strikes, regulations, laws, non-availability and/or arrival of goods and/or material required for completion of project. RUBYFIVE DESIGN shall promptly notify CLIENT of any such event and shall provide CLIENT with information outlining problem and probable delivery date of order.
     

  16. COPYRIGHTS/POSSESSION RUBYFIVE DESIGN will retain exclusive copyright, ownership and possession of all concepts, designs and files created by us, until all invoices relating to this project are paid in full. Any conceptual work developed by RUBYFIVE DESIGN, submitted to CLIENT for consideration but not incorporated into the final design, will remain the exclusive property of RUBYFIVE DESIGN.
     

  17. TERMINATION By engaging RUBYFIVE DESIGN and payment of deposit the CLIENT agrees to acceptance of these terms, which will remain in effect governing all current and future projects and engagements. Upon termination of a working arrangement for any reason, each party’s obligations related to confidential information, rights in work product, and assignments and warranties shall survive. Except as otherwise provided herein, if CLIENT elects to terminate RUBYFIVE DESIGN’s services, and desires to develop one or more ideas or concepts created by RUBYFIVE DESIGN (whether in fulfillment of this project’s objectives or for other purposes), then a mutually acceptable fee for the acquisition of such idea(s) or concept(s) shall be negotiated in good faith between both parties. CLIENT will be responsible for payment of fees, expenses, and outstanding contractual obligations for all work incurred to date by RUBYFIVE DESIGN.