TERMS AND CONDITIONS
We work well with our clients because our relationships are based on honesty and trust, but as you know all work needs guidance in the form of terms and conditions. Here are ours, drafted by a lawyer of course, but still in fairly straight-forward English.
Please do read them – it’s important that we get off to the best and most transparent start we can and enjoy this creative process together.
The following Terms and conditions apply to all products and Services provided by Own Design (including use of this website and its affiliated content) and by using the Website or by engaging with Own Design, is deemed to be you saying ‘YES’ to be bound by these terms and conditions. This agreement is governed by New Zealand Law and all users of this website or clients irrevocably submit to the exclusive jurisdiction of that Law.
Within these Terms, Olivia Wimsett trading as Own Design is referred to as ‘We”, “Us” or “Our” in this agreement. You (Yes, you as you’re purchasing product or engaging in our services) are referred to “You” or “Your” or ”Client”.
We pour our heart and soul into our work at Own Design and hope you understand that Copyright is retained by us on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. This means that our content cannot be modified by you. Charges for design work do not cover the release of our copyright raw design source files. We will supply you with proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request via an organised Dropbox on completion.
Further, all content on our Website is copyright and may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purposes. Content on our website can only be used for your own personal use and if you acknowledge the source of the information. You may not sell or exchange for value the content on the Website and you may not reproduce, copy, or replicate the items that are available for purchase through our online store.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Own Design, unless specifically agreed in writing.
Any artwork, images, or text supplied and/or designed by Own Design on behalf of you, will remain the property of Own Design unless otherwise agreed in writing. Own Design will licence the use of the copyrighted material for use by you exclusively and in perpetuity for this project only as defined in the scope of the work and not for any other purpose unless we agree otherwise. Own design reserves the right to use the material as advertising/marketing for our own services.
If you are supplying us with any images, text or any other bits of artwork to use for your project, you assure us that you are rightful owner to the intellectual property or have permission to use it. You agree that you will fully indemnify us and hold us free from harm in any claims resulting in you not obtaining the necessary permissions or being the owner. Also, you grant us the permission to use your material freely in the pursuit of our design process.
Disclaimer and Limitation of Liability
Own Design has used all reasonable care and skill in providing its products and services to its wonderful clients however makes no warranties of any kind, express or implied for these and is not responsible for any loss or damage, including without limitation, both indirect or consequential damage arising from our services or products
Own design takes your privacy very seriously and have developed the following privacy statement for you to read and understand. We only collect personal information such as but not limited to name, contact information, billing or purchase information and interactions with us where it is necessary to properly conduct our business with you. The collection of information may be obtained directly from you in person, via telephone or in writing. We endeavour to keep all your information confidential however we may disclose personal information to third parties in certain situations such as but are not limited to as required by the law, or if required for reasonable audit or quality compliance processes. Your information is kept safe by storing information using encrypted or password protected files. As it is your information, You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at email@example.com.
All quotations that we provide you are exclusive of GST and require a 20% deposit prior to starting the work. Any changes to the fees due to unforeseen circumstances will be communicated to you as early as possible. We reserve the right to issue interim invoices in the event that the work takes longer than expected. We ask that all invoices are paid in full within 7 days of the date of our invoice, and unfortunately if we do not receive timely payment on completion of the work, we cannot release the files to you and you will be responsible for paying the costs of any collection fees we incur recovering our fees.
Returns and Exchanges
Our products are limited edition and made to order and we are unable to offer returns on items if you have changed your mind so please choose carefully. Please email me at firstname.lastname@example.org if you have any problems with your items that you have received.