We’ve tried to make these terms and conditions as concise and easy to understand as possible. They apply to all artwork, graphic design, print and services provided by us, Never Know Defeat Ltd (NKD). These terms and conditions must be accepted by clients before a job can begin.
Copyright
Once a project has been delivered by us and is fully paid for, Never Know Defeat assign the reproduction rights of the design for the use(s) described in the proposal. The copyright to all design and art work, including but not limited to photography and or illustration created by independent photographers, illustrators or purchased from a stock agency on your behalf, remain with the with Never Know Defeat or the individual, artist, photographer or illustrator.
If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. We reserve the right to photograph and/or distribute or publish for our agencies promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio and similar media.
Payments
Clients will be provided with a quote, which must be accepted before work can commence. An initial deposit of 50% of the agreed price must be paid for NKD to begin work, with the remaining 50% to be paid upon completion. If the scope of the job changes during a project, NKD will charge all extra work at our standard hourly rate, or agree an amended fixed price.
Refunds
Due to the custom nature of our work, Never Know Defeat does not issue refunds for any reason once work has commenced. Please note our cancellation policy for information about cancelling your project.
Late Payment
Invoices must be paid within 30 days. Overdue invoices will have an additional 10% late fee added every 30 days.
PayPal
If a client wishes to pay an invoice with PayPal, a 5% fee will be added to each invoice to cover transaction charges.
File Storage
We agree to store mechanical files for a period of 3 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
Artwork proofing
All content must be signed off by the client. Full responsibility for any errors in content, written or visual, lies solely with the client. Never Know Defeat does not accept any liability for errors once supplied.
Purchasing Stock Assets
We are happy to purchase stock assets required for a job on behalf of our clients. All costs incurred will be billed to the client, with a 20% handling fee added.
Licensing – Font & Images
The licensing for any fonts used on work produced for clients is the sole responsibility of the client. NKD does not pass on font licenses to clients when work is purchased. We accept no responsibility for clients not owning correct licenses for work we provide.
Supply of mechanical/layered files
Unless specifically agreed before starting a job, the amount charged to a client does not include the supply of mechanical, editable, layered files such as Photoshop, Illustrator, InDesign etc. If you require editable files please let us know at the beginning of the project.
Cancellation
Should any project be cancelled or postponed for any reason, the client will pay a cancellation fee, based on the time spent on the job thus far. Cancellations made less than 30 days from the project start date result in full loss of deposit and may be rescheduled only with payment of another deposit.
Rush Jobs
Last minute changes and short deadline projects may incur rush charges. We can promise that your project will be moved to the front of the line and prioritised to meet your deadlines. For this service you would be charged an additional 50% on the total.
Portfolio Rights
Never Know Defeat retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Never Know Defeat’s portfolio and website, and third-party trade publications, awards or exhibits, solely for the purpose of promoting or exemplifying our work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.
Change in Direction or Brief Modification
We understand that projects may evolve, and clients may have changes in direction or modifications to the initial brief. However, it’s important to note that substantial alterations or changes requested after a significant portion of the work has been completed may impact the project timeline, scope, and overall delivery.
Alterations After Majority Work Completion: In the event that the client wishes to change direction, substantially modify the initial brief, or introduce new elements after a considerable portion of the work has been executed, the agency reserves the right to assess the impact of these alterations on the project. This assessment may include an evaluation of additional time, resources, and costs required to accommodate these changes.
Impact on Project Timeline and Scope: Any alterations or modifications to the original brief after a substantial portion of the work is completed may result in adjustments to the project timeline and scope. The agency will make reasonable efforts to accommodate such changes but cannot guarantee the same project delivery timeline as initially agreed upon.
Additional Fees and Costs: Depending on the nature and extent of the alterations, additional fees and costs may apply. These fees will be communicated to the client before implementing any changes and will be based on the agency’s standard rates for additional work or revisions.
Client Approval: Clients will be required to provide written approval or confirmation of any requested changes, acknowledging their understanding of the potential impact on the project timeline, scope, and additional costs involved. This written approval will serve as authorization for the agency to proceed with the requested modifications.
No Obligation for Completed Work: The agency shall not be obligated to rework, modify, or revise work that has already been completed or approved by the client unless mutually agreed upon. Any additional work required due to changes in direction or brief modifications will be considered new work and subject to the terms of a separate agreement.
