Service Terms

 

Acceptance of a written Quote supplied by Studio Lannd or engaging Studio Lannd for Services includes agreement to the following Service Terms. These Service Terms in turn form part of the service contract. Updated April 2024.

1. Definitions

  • ‘Studio Lannd ’, ‘We’, ‘Us’ or ‘Designer’ means Studio Lannd Limited 

  • ‘Client’ means a person/s, entity or company who engages Studio Lannd Limited for design and related services

  • ‘Quote’ means the design quote provided in writing to the client by Studio Lannd Limited

  • ‘Project’ means the purpose and scope of the services provided 

  • ‘Service’ and ‘Services’ means the Service/s to be provided to the Client by Studio Lannd Limited, as described in the Quote or booking page

  • ‘Session’ and ‘Sessions’ means the Service/s to be provided to the Client by Studio Lannd Limited, as described in the Quote or booking page

  • ‘Deliverables’ means the product/s to be delivered by Studio Lannd Limited to the client, in the form and media specified in the Quote. 

  • ‘Working Files’ means all the materials created to produce the output files.

2. Jurisdiction

Any dispute, controversy, proceedings or claim of any nature arising out of or in any way relating to any contract or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with New Zealand law.

3. Quote

Quotes are provided by Studio Lannd Limited free of charge and with no obligation on either party and are valid for 5 working days from the date of issue. Quotes not accepted by the Client within 5 working days may be subject to amendment. Prices are in the currency specified in the Quote. 

4. Invoices and Payments

All invoices are payable within 10 working days from the date of invoice issue unless otherwise specified in the Quote.

When you accept the Quote a deposit comprising 50% of the Quote is required before commencing any project, unless specified otherwise in the Quote. No project work will begin until the 50% deposit has been received into the nominated bank account. The Client acknowledges that the final amount owing may be more than the 50% balance of the Quote. Any additional costs will be negotiated with the Client as they arise on a case by case basis. 

All timings, milestones and deadlines will be confirmed for project Deliverables in the Quote supplied. Any additional charges will be negotiated with the Client prior to the work being undertaken.

5. Copyright

Studio Lannd Limited is to retain copyright in all Working Files unless otherwise agreed with the Client. Copyright in all Deliverables supplied by Studio Lannd Limited remains the property of Studio Lannd Limited until the invoice is paid in full. 

6. Late Payment or Non Payment of Balance Owing

All late payments pursuant to clause 4 will incur a late payment fee of 5% of the total balance owing. The Client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the Client’s failure to pay invoices within 10 working days of the invoice issue date.

7. Privacy and Confidentiality

Each party, its agents and employees acknowledge that the other party’s Confidential Information is provided on terms of strict confidentiality. These confidentiality obligations continue to apply to the parties after completion or termination of the Project. Disclosure to any third party is permitted only as may be necessary to perform its obligations under the Quote, or as required by a court or governmental authority. 

Studio Lannd Limited reserves the right to outsource all or part of the Services as necessary to perform the obligations under this quote. We will retain responsibility for the Services as per these Service Terms.

8. Timings and Deadlines

All care and effort is made by Studio Lannd Limited to meet deadlines as set out in the Project scope. The Client must provide all content and materials as specified in the Quote in line with timelines agreed with the Client. 

Studio Lannd Limited will not be liable for any uncompleted projects or additional costs incurred as a result of circumstances that cannot be controlled by Us including but not limited to injury, illness, pandemic, natural disaster, or delays and obstructions caused by the Client. 

9. Proofs and Presentations

All concepts created by Studio Lannd Limited are supplied as low resolution drafts for on-screen proofing. We will exercise reasonable care and effort in delivering these services and proofing and testing deliverables prior to presentation.

The Client nonetheless warrants that it is responsible for ensuring that the works are not contrary to law, and hereby indemnifies Studio Lannd Limited against the same, including:

  • Ensuring that the work does not infringe the copyright or moral right of any person in relation to any material the Client has provided ensuring that the work does not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate; ensuring that the work is not by law defamatory of any person; ensuring that the work is not obscene, offensive or discriminatory.

10. Revisions and Scope Extension

All corrections, amendments, edits or changes to a project must be provided in writing to Studio Lannd Limited. Each Quote includes two rounds of minor Client revisions to the project unless specified otherwise in the Quote. Revisions or amendments in excess of minor revisions included in the Quote or work outside of agreed Project scope will be discussed and additional charges and scope approved by the Client prior to work being undertaken. If the Client chooses not to go ahead with the project, work completed up to that date will be invoiced.

11. Errors and Omissions

While all care, diligence and reasonable effort is taken by Studio Lannd Limited in producing recommendations, proofs and final work, the Client agrees to carefully review all supplied concepts, designs, proofs, content or recommendations, to identify errors or omissions and provide written request for changes or corrections. The Client will provide written approval for all final work and outputs and assumes and accepts liability for any and all errors. If the Client requests a project reproduction, correction or reprint, the Client is solely responsible for payment of all associated costs. Studio Lannd Limited cannot issue refunds or credits.

12. Supplied Images and Typefaces

Studio Lannd Limited cannot use images or typefaces that breach copyright. When the Client supplies images and typefaces, the images and typefaces must be sourced from reputable stock photography libraries, Type Foundries or Font License Distributors with appropriate licenses for use. Alternatively, the Client must hold copyright or have written permission from the copyright holder to use the image/s and typeface/s for commercial purposes. Professional stock photography and typefaces can be as sourced by Us as required. This may attract an additional cost which will be approved by the Client prior to any fee being incurred.

All files and images provided by the Client to Studio Lannd Limited for use in high quality print reproduction must be supplied at a minimum resolution of 300dpi at actual size. Where We are required to manipulate Client-supplied files to ensure they are press-ready, additional charges may apply. 

13. Colour Proofing and Print

On-screen colour proofing may differ between monitors and devices due to variations in computer settings. On screen colour proofing can also differ from the final printed result. The Client acknowledges that on-screen colour proofing is not an accurate representation of the final digital or print product and that We are not responsible for any colour variations that may occur between on-screen proofs and the final digital or printed outcomes.

Colour-accurate hard copy proofs may be required and may attract an additional cost, to be discussed as required. The Client accepts that Studio Lannd Limited is not responsible for any print inconsistencies or inaccuracies that arise.

14. File Supply 

Studio Lannd Limited does not supply Working Files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop etc) unless specified. High-resolution PDFs of a completed project can be supplied upon final payment, at the Client’s request. Working Files may be supplied upon request at an additional charge. 

15. Incomplete Projects

In the event a Project is terminated by either party, Studio Lannd Limited will issue an invoice for all work completed up to the date of termination and payment of this invoice is required by the Client within the timeframe set out in clause 4. Failure by the Client to progress the Project will be considered a termination of the Project and an invoice will be issued for work completed to date.

16. Promotion

We reserve the right to publish and display client projects in in Studio Lannd Limited’s portfolio, website, design periodicals, and other media or exhibits. Our employee/s may also display the work in their portfolios as appropriate.

17. Credit and Cancellations

No refunds will be provided for cancelled bookings for Services or Sessions after payment has been received. 

18. Outsourcing

Studio Lannd Limited reserves the right to outsource all or part of the Services and will retain responsibility for the Services as per these Service Terms.

19. Changes to these Services Terms

At any time and at our discretion, these Service Terms may be varied by publishing changes or an update on this website without notice. It is recommended you regularly check these Service Terms to make sure you are aware of current Service Terms.