Faizn Design Limited | Brand Identity & Systems Studio Auckland

LEGAL

Terms Of Service

These Terms of Service ("Terms") govern your use of graphic design services provided by Faizn Design Limited ("Faizn", "we", "us", or "our"), a company incorporated in New Zealand under the Companies Act 1993. By engaging our services, placing an order, or signing a project agreement, you (the "Client") agree to be bound by these Terms.

These Terms are intended to be clear and fair. If anything is confusing, just ask us before you commit.

1. Parties and Agreement

Faizn Design Limited is the service provider, registered in New Zealand.

The Client is the individual or organisation engaging Faizn for graphic design services.
These Terms, together with any project brief, proposal, or invoice, form the entire agreement between the parties.
If there is a conflict between these Terms and a specific project agreement, the project agreement takes precedence.

Faizn Design Limited is the service provider, registered in New Zealand.

The Client is the individual or organisation engaging Faizn for graphic design services.
These Terms, together with any project brief, proposal, or invoice, form the entire agreement between the parties.
If there is a conflict between these Terms and a specific project agreement, the project agreement takes precedence.

2. Services

Faizn provides graphic design services including but not limited to:

Brand identity and logo design
Print and digital collateral design
Packaging and label design
Social media graphics and templates
Web and UI/UX design assets
Any other design work agreed upon in writing

The scope of each project will be agreed in writing (email, brief, or proposal) before work begins. Any work outside the agreed scope constitutes a variation and may incur additional charges.

Faizn provides graphic design services including but not limited to:

Brand identity and logo design
Print and digital collateral design
Packaging and label design
Social media graphics and templates
Web and UI/UX design assets
Any other design work agreed upon in writing

The scope of each project will be agreed in writing (email, brief, or proposal) before work begins. Any work outside the agreed scope constitutes a variation and may incur additional charges.

3. Quotes, Fees and Payment

3.1 Quotes

All quotes are valid for 30 days from the date of issue.
A quote is not a binding contract until accepted in writing by the Client.
Quotes are based on information provided at the time. Significant changes to scope may require a revised quote.

3.2 Pricing and GST

All prices are quoted in New Zealand Dollars (NZD).
Where Faizn is registered for GST, prices are exclusive of GST unless stated otherwise. GST will be added to invoices at the prevailing rate (currently 15%) in accordance with the Goods and Services Tax Act 1985.

3.3 Payment Terms

For projects over NZD $500, a deposit of 50% is required before work begins.
The remaining balance is due upon delivery of final files or as specified in the project agreement.
Invoices are due within 14 days of the invoice date unless otherwise agreed in writing.
Faizn reserves the right to request full payment upfront for new clients or rush projects.

3.4 Late Payment

Overdue invoices may incur interest at 2% per month on the outstanding balance.
Faizn may suspend work or withhold delivery of final files until outstanding invoices are settled.
Reasonable debt recovery costs may be passed on to the Client for seriously overdue accounts.

3.5 Expenses

Any third-party costs incurred on the Client's behalf (e.g., stock photography, fonts, printing) will be invoiced at cost plus a 10% administration fee, unless otherwise agreed.

3.1 Quotes

All quotes are valid for 30 days from the date of issue.
A quote is not a binding contract until accepted in writing by the Client.
Quotes are based on information provided at the time. Significant changes to scope may require a revised quote.

3.2 Pricing and GST

All prices are quoted in New Zealand Dollars (NZD).
Where Faizn is registered for GST, prices are exclusive of GST unless stated otherwise. GST will be added to invoices at the prevailing rate (currently 15%) in accordance with the Goods and Services Tax Act 1985.

3.3 Payment Terms

For projects over NZD $500, a deposit of 50% is required before work begins.
The remaining balance is due upon delivery of final files or as specified in the project agreement.
Invoices are due within 14 days of the invoice date unless otherwise agreed in writing.
Faizn reserves the right to request full payment upfront for new clients or rush projects.

3.4 Late Payment

Overdue invoices may incur interest at 2% per month on the outstanding balance.
Faizn may suspend work or withhold delivery of final files until outstanding invoices are settled.
Reasonable debt recovery costs may be passed on to the Client for seriously overdue accounts.

3.5 Expenses

Any third-party costs incurred on the Client's behalf (e.g., stock photography, fonts, printing) will be invoiced at cost plus a 10% administration fee, unless otherwise agreed.

4. Project Process and Revisions

Projects begin upon receipt of written approval and the agreed deposit (if applicable).

Faizn will provide concepts or drafts within the timeframe agreed in the project brief.
The standard package includes up to two rounds of revisions unless otherwise stated. Additional revision rounds will be charged at our current hourly rate.
A revision is defined as minor amendments to an existing concept. A change of creative direction or brief constitutes a new project or significant variation.
The Client is responsible for providing accurate information, content, and approvals in a timely manner. Delays caused by the Client may affect delivery timelines and Faizn accepts no liability for such delays.
Final files will be delivered upon receipt of full payment.

Projects begin upon receipt of written approval and the agreed deposit (if applicable).

Faizn will provide concepts or drafts within the timeframe agreed in the project brief.
The standard package includes up to two rounds of revisions unless otherwise stated. Additional revision rounds will be charged at our current hourly rate.
A revision is defined as minor amendments to an existing concept. A change of creative direction or brief constitutes a new project or significant variation.
The Client is responsible for providing accurate information, content, and approvals in a timely manner. Delays caused by the Client may affect delivery timelines and Faizn accepts no liability for such delays.
Final files will be delivered upon receipt of full payment.

5. Intellectual Property

5.1 Ownership Before Payment

All design work, concepts, drafts, and artwork created by Faizn remain the intellectual property of Faizn until full payment has been received.

5.2 Transfer of Rights Upon Full Payment

Upon receipt of full payment, Faizn assigns to the Client the agreed rights to use the final approved deliverables for the purposes specified in the project brief.
Unless explicitly agreed in writing, this assignment covers the final delivered files only, not preliminary concepts, unused designs, or working files.

5.3 Faizn's Portfolio Rights

Faizn retains the right to display completed work in its portfolio, website, and promotional materials unless the Client requests confidentiality in writing prior to project commencement.

5.4 Third-Party Assets

Where licensed fonts, stock images, or other third-party assets are used, the Client is responsible for ensuring they hold appropriate licences for their intended use.
Faizn will advise the Client of any such assets included in the deliverables.

These provisions are consistent with the Copyright Act 1994 (New Zealand).

5.1 Ownership Before Payment

All design work, concepts, drafts, and artwork created by Faizn remain the intellectual property of Faizn until full payment has been received.

5.2 Transfer of Rights Upon Full Payment

Upon receipt of full payment, Faizn assigns to the Client the agreed rights to use the final approved deliverables for the purposes specified in the project brief.
Unless explicitly agreed in writing, this assignment covers the final delivered files only, not preliminary concepts, unused designs, or working files.

5.3 Faizn's Portfolio Rights

Faizn retains the right to display completed work in its portfolio, website, and promotional materials unless the Client requests confidentiality in writing prior to project commencement.

5.4 Third-Party Assets

Where licensed fonts, stock images, or other third-party assets are used, the Client is responsible for ensuring they hold appropriate licences for their intended use.
Faizn will advise the Client of any such assets included in the deliverables.

These provisions are consistent with the Copyright Act 1994 (New Zealand).

6. Client Responsibilities

Provide accurate, complete, and timely content, materials, and approvals.

Ensure that any content or materials provided to Faizn do not infringe the intellectual property rights of any third party.
Obtain any necessary permissions or clearances for logos, images, trademarks, or other materials supplied by the Client.
Review proofs and provide written approval before files proceed to final production or print.
Notify Faizn promptly of any errors identified in delivered work.

Provide accurate, complete, and timely content, materials, and approvals.

Ensure that any content or materials provided to Faizn do not infringe the intellectual property rights of any third party.
Obtain any necessary permissions or clearances for logos, images, trademarks, or other materials supplied by the Client.
Review proofs and provide written approval before files proceed to final production or print.
Notify Faizn promptly of any errors identified in delivered work.

7. Approvals and Sign-Off

The Client's written approval (including email) of a design constitutes acceptance of the work as presented.

Once final files have been approved and delivered, Faizn is not responsible for errors that were present in the approved version.
Faizn strongly recommends the Client review all proofs carefully before approval, particularly for print materials where reprinting costs are the Client's responsibility.

The Client's written approval (including email) of a design constitutes acceptance of the work as presented.

Once final files have been approved and delivered, Faizn is not responsible for errors that were present in the approved version.
Faizn strongly recommends the Client review all proofs carefully before approval, particularly for print materials where reprinting costs are the Client's responsibility.

8. Cancellation and Termination

Either party may terminate a project by providing written notice.

If the Client cancels a project after work has commenced, payment is due for all work completed to the date of cancellation at our standard rate, plus the non-refundable deposit.
If Faizn cancels a project without cause, any deposit paid will be refunded on a pro-rata basis for work not yet completed.
Faizn may terminate this agreement immediately if the Client breaches these Terms, fails to pay within 30 days of the due date, or requests work that is unlawful or unethical.

Either party may terminate a project by providing written notice.

If the Client cancels a project after work has commenced, payment is due for all work completed to the date of cancellation at our standard rate, plus the non-refundable deposit.
If Faizn cancels a project without cause, any deposit paid will be refunded on a pro-rata basis for work not yet completed.
Faizn may terminate this agreement immediately if the Client breaches these Terms, fails to pay within 30 days of the due date, or requests work that is unlawful or unethical.

9. Consumer Guarantees Act 1993

Where the Client is acquiring services for personal, domestic, or household use, the Consumer Guarantees Act 1993 (NZ) applies and nothing in these Terms limits or excludes rights the Client has under that Act.

Where the Client is acquiring services for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the extent permitted by section 2(1) of that Act.

10. Fair Trading Act 1986

Faizn complies with the Fair Trading Act 1986. We will not make false or misleading representations about our services. If you believe we have done so, please contact us in the first instance.

11. Contract and Commercial Law Act 2017

11. Commercial Law Act 2017

These Terms are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the New Zealand courts. The Contract and Commercial Law Act 2017 applies to this agreement.

12. Privacy

Faizn collects and holds personal information in accordance with the Privacy Act 2020 (New Zealand). We collect personal information only for the purpose of providing our services and managing our client relationships.

We will not sell or share your personal information with third parties except as necessary to provide the agreed services (e.g., printers, courier services) or as required by law.
You have the right to access and correct your personal information held by us. Contact us at the details below to exercise this right.
We take reasonable steps to protect personal information from loss, misuse, or unauthorised access.

We will not sell or share your personal information with third parties except as necessary to provide the agreed services (e.g., printers, courier services) or as required by law.
You have the right to access and correct your personal information held by us. Contact us at the details below to exercise this right.
We take reasonable steps to protect personal information from loss, misuse, or unauthorised access.

13. Limitation of Liability

To the maximum extent permitted by law:

Faizn's total liability for any claim arising from or relating to services provided shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
Faizn is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profit or business opportunity.
Faizn is not responsible for printing errors, colour variations, or production issues arising from third-party printers or suppliers once the Client has approved final files.
Colour representation on screen may vary from printed output. Faizn recommends requesting a physical proof before any large print run.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

To the maximum extent permitted by law:

Faizn's total liability for any claim arising from or relating to services provided shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
Faizn is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profit or business opportunity.
Faizn is not responsible for printing errors, colour variations, or production issues arising from third-party printers or suppliers once the Client has approved final files.
Colour representation on screen may vary from printed output. Faizn recommends requesting a physical proof before any large print run.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

14. Disputes

If a dispute arises, both parties agree to attempt to resolve it by good-faith negotiation in the first instance.

If the dispute cannot be resolved within 20 business days, either party may refer the matter to mediation under the New Zealand Dispute Resolution Centre rules.
Nothing prevents either party from seeking urgent injunctive relief from a New Zealand court.
Small claims may be referred to the Disputes Tribunal (New Zealand) for disputes up to NZD $30,000.

If a dispute arises, both parties agree to attempt to resolve it by good-faith negotiation in the first instance.

If the dispute cannot be resolved within 20 business days, either party may refer the matter to mediation under the New Zealand Dispute Resolution Centre rules.
Nothing prevents either party from seeking urgent injunctive relief from a New Zealand court.
Small claims may be referred to the Disputes Tribunal (New Zealand) for disputes up to NZD $30,000.

15. Force Majeure

Faizn is not liable for failure to perform or delays caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemic, power outages, or internet failure. We will notify you promptly and work to resume services as soon as practicable.

16. Variations to These Terms

Faizn may update these Terms from time to time. Updated Terms will be posted on our website and will apply to new projects commencing after the effective date of the update. Existing projects in progress will continue under the Terms in place at the time of commencement.

17. Contact Us

If you have any questions about these Terms, please contact us using the email "design@faizn.com".

Faizn Design Limited

Faizn Design Limited

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