Terms.

 

Agreement between Bec Tunley, freelance designer (hereinafter referred to as “Bec Tunley”), and You, the authorised representative of  “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Freelance Designer, Digital Marketer or Digital Designer.

Agreed rates.

The agreed hourly rate for work carried out during the normal business hours will be negotiated between The Client & Bec Tunley before work commences. The agreed hourly rate is to remain confidential between The Client and Bec Tunley. Bec Tunley reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.

Billings.

Bec Tunley invoices progress payments. Payment by The Client is required within 7 (seven) days of receipt of invoice from Bec Tunley. Bec Tunley accepts payment by direct deposit or credit card and the bank account details will be made available to you on the invoice.

Confidentiality.

Bec Tunley agrees not to misuse or disclose any confidential information that may be made available by The Client.

Client responsibilities.

Bec Tunley is under the responsibility of The Client from the time of reporting for duties, and throughout the project. All reasonable care will be taken to ensure work is completed to the highest achievable standard however Bec Tunley will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the project.

Artwork approval, errors and omissions.

Bec Tunley will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, Bec Tunley is not liable for loss, expense or damage caused by any act or omission.

Nature of copy.

The Client agrees to exercise due diligence in its direction to Bec Tunley regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Bec Tunley prepares. Bec Tunley will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.

Intellectual property.

Nothing in this agreement entitles either Party to use the other Parties name, logo, trademark, or other Intellectual Property (IP) in any way without written consent from the other Party.

Bec Tunley has the right to showcase work she has completed for The Client and include the project on her portfolio/website and additionally social media for marketing purposes.

Liability.

Bec Tunley makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, Bec Tunley shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.

Cancellation/Termination.

Should The Client wish to cancel/terminate the agreement and pause/discontinue any work in progress, The Client must notify Bec Tunley immediately of this intention. Hours worked to that point will be invoiced. In the case of cancellation/termination, outstanding invoices are required to be paid within 7 (seven) days of the invoice issue date.

Should Bec Tunley wish to cancel/terminate the agreement and pause/discontinue any work in progress, Bec Tunley must notify The Client immediately of this intention. Hours worked to that point will be invoiced. In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. Any creative assets that have been made to that point will also be emailed to The Client for their records once any current billings have been paid.

Variation in terms.

These terms can only be varied, amended or altered by written agreement between Bec Tunley and The Client.