General Terms and Conditions of Trade – ID8 Creative Ltd

  1. Introduction
    1. These Terms and Conditions of Trade (“Terms”) govern the provision of design and creative services by ID8 Creative Ltd (“Company”, “we”, “us”, “our”) to our clients (“Client”, “you”, “your”).
    2. By engaging our services, you agree to be bound by these Terms.
    3. If there is any inconsistency between these Terms and the terms in a project quotation or contract, the terms of the quotation or contract will prevail.
  2. Services
    1. We provide design and creative services, including graphic design, identity and branding, print and publication design, digital and web design, architectural and decorative glass, artwork preparation, and related creative and production services (“Services”).
    2. Where Services involve physical production or architectural glass, delivery, transportation, site access, glazing, and installation are the Client’s responsibility unless otherwise specified in the quotation or contract, including engaging qualified installers where required and ensuring compliance with all relevant building and safety requirements.
    3. Project-specific details, including design scope, production requirements, timelines, and pricing, will be outlined in individual quotations or contracts.
  3. Fees and Payment
    1. Fees for our Services are specified in the project quotation or contract. All fees are exclusive of GST unless stated otherwise.
    2. A deposit may be required before work begins or before authorising production or fabrication. Remaining balances are due as specified in the quotation or contract.
    3. Invoices are payable within 30 days from the invoice date. Late payments may incur a penalty at a compounding rate of 5% per month.
    4. We will make finished work or deliverables available once all invoices have been paid.
  4. Client Responsibilities
    1. You agree to provide all required information, measurements, copy, site details, approvals, and reference material needed for accurate design and production.
    2. You are responsible for ensuring that all information, measurements, copy, specifications, and other material you provide, and all proofs you approve, are correct and suitable for their intended use.
    3. Where a project involves installation, you are responsible for engaging appropriately qualified installers, handling supplied materials safely, and ensuring compliance with all relevant building and safety requirements.
    4. For residential architectural glass projects, installation must be carried out by a qualified glazier. We are not responsible for damage or injury arising from incorrect handling or installation.
    5. Any content or material you supply must not infringe third-party rights.
  5. Changes and Revisions
    1. Changes to the design, scope, measurements, content, or production specifications after approval may incur additional charges, including subcontractor costs.
    2. The number of revisions included will be defined in the quotation or contract. Additional revisions will be charged at our standard rate.
  6. Intellectual Property
    1. All creative concepts, designs, drawings, artwork, working files, and related material produced by us remain our intellectual property unless otherwise agreed in writing. This includes underlying ideas, styles, motifs, composition, methods, or elements that may form part of wider or future work.
    2. When full payment has been received, you have the right to use the final approved work for the purpose for which it was commissioned and you own any finished physical items supplied. Unless otherwise agreed in writing, preliminary concepts, unused designs, working files, and underlying intellectual property remain our property and may not be reproduced, modified, adapted, reused, or used to create new or derivative works.
    3. If the work includes brand elements created specifically for you, you may use the final approved brand elements as your own. We retain ownership of unused concepts, working files, design methods, and other underlying material unless otherwise agreed in writing.
    4. We retain the right to reuse general concepts, design methods, styles, motifs, or non-client-specific elements in future projects, exhibitions, series, or commercial work. This does not include your brand elements or confidential material.
    5. We may use completed work, or images of completed work, in our portfolio or promotional material unless otherwise agreed in writing.
  7. Confidentiality
    1. Both parties agree to keep confidential any proprietary information disclosed during the engagement.
    2. This obligation does not apply to information that is publicly available or required to be disclosed by law.
  8. Limitation of Liability
    1. To the extent permitted by law, our liability for any claim connected to the Services is limited to the amount you paid for those Services.
    2. We are not responsible for damage or defects arising during printing, fabrication, transportation, handling, storage, glazing, installation, or other work performed by the Client or third parties outside our control.
    3. We are not liable for indirect, incidental, or consequential losses arising from the design, production, fabrication, delivery, installation, or use of the completed work.
    4. For architectural glass projects, variations in tone, texture, appearance, or depth inherent in handcrafted sandblasted glass are not considered defects.
  9. Termination
    1. Either party may terminate the engagement by written notice. You will be liable for all work completed up to the termination date, including any subcontractor or production costs already incurred.
    2. We may terminate the engagement immediately if you breach these Terms.
  10. Governing Law
    1. These Terms are governed by New Zealand law.
    2. Any disputes will be resolved in the New Zealand courts.
  11. Amendments
    1. We may amend these Terms from time to time. Updated Terms will be posted on our website and will apply to future engagements.

Contact Information

ID8 Creative Ltd,
c/- Raynes, Gibson & Matthews Accountants Ltd,
110 Saint Lukes Road,
Sandringham,
Auckland, 1025