This Agreement between Amadeus Brand and (“the Client”) is entered into on the date of first brief and supersedes any agreement previously in place regarding the services listed below.
Acceptance of the quote is acceptance of this Agreement. This Agreement is subject to the terms and conditions outlined below.
Amadeus Brand will provide the Client with the following services:
Visual Brand Development
These services shall be provided based on documentation and direction provided by the Client.
Amadeus Brand agrees to produce project materials (the “Work”) at the request of the Client for fees agrees upon in advance and delivery of the Work by an agreed-upon deadline. Amadeus Brand agrees that she will be the sole author of the Work, which will be original work and free of plagiarism. Amadeus Brand will cooperate with the Client in refining and otherwise reviewing the Work prior to completion and launch.
Amadeus Brand acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Amadeus Brand agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Amadeus Brand before this Agreement is signed or afterward. Unless strict confidentiality is requested by the Client in advance of the establishment of this contract, Amadeus Brand can display materials and final work created for the Client on the Amadeus Brand’s website (http://www.amadeusbrand.com.au).
The Client agrees to pay Amadeus Brand between 25-50% of the estimated project cost before any services are provided, agreed before commencement. Should the scope of the Work change, or the time involved in completion of the Work significantly increase for reason’s outside Amadeus Brand’s control, Amadeus Brand will inform the Client as soon as reasonable practicable to agree on a revised estimated cost for the Work. Interim invoices will be issued on a monthly basis after the time covered by the initial payment has been exhausted. Final payment must be received before any final artwork or workable files are released. Amadeus Brand is responsible for the payment of all federal, state, and/or local taxes with respect to the services performed for the Client as an independent contractor. The Client will not treat Amadeus Brand as an employee for any purpose.
6. The Client Approval
Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. social media, PR outreach, etc.) Amadeus Brand is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
7. Intellectual Property
The results of any and all work performed by Amadeus Brand for the Client, including original creative work will remain the property of the Client to use in any way deemed appropriate. This shall include only the final, deliverable work, and not any preliminary work, sketches or native files, except via prior arrangement.
Amadeus Brand may incorporate certain Designer Tools into the final work. "Designer Tools" means all design tools developed or utilised by Amadeus Brand in performing the services, including without limitation: pre-existing and newly developed software, web authoring tools, type fonts, and application tools. In the event Designer Tools are incorporated into any final deliverable, then Amadeus Brand grants the Client a royalty-free, perpetual, worldwide, non-exclusive license to use the Designer Tools to the extent necessary to use the final deliverables. Amadeus Brand retains all other rights in the Designer Tools.
The parties agree that the copyright work delivered by Amadeus Brand to the Client remains the property of the Amadeus Brand until all fees due to Amadeus Brand have been paid.
Amadeus Brand may use samples or imagery of the work created under this agreement and the Client for publications, exhibition, competition and other promotional purposes (such as our website) once the project has been made public.
9. Limited liability
Amadeus Brand will strive to provide error-free work. Final proofing is the responsibility of the Client. The Client is responsible for checking the legality of all statements in the content provided. Amadeus Brand is not responsible for any loss or damage due to clerical errors on the part of Amadeus Brand which are missed by the Client.
Both parties understand that the Client or Amadeus Brand may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Amadeus Brand. Should the Client cancel the project following its completion, the Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Amadeus Brand retains ownership of all copyrights and original work created.
11. Governing law and jurisdiction
The applicable law to the Agreement and to disputes arising out of the subject matter of the Agreement is the law of the State of NSW, Australia.