Terms & Conditions
1. ‘NM Creates’ and ‘The Designer’ is Nicola McMillan trading as NM Creates.
2. ‘The Client’ is the party making a booking for design related services from NM Creates.
3. ‘An Order’ is the request for services from NM Creates.
4. ‘The project’ is a term used to describe service from NM Creates.
This is a legally binding contract between NM Creates and The Client that constitutes an order for the design services listed. The client hereby allows permission for all design work to be used and shared by NM Creates for self-promotional purposes, once the client has first publicly launched their designs. Unused designs created during the process, and which are not included in the final signed-off designs, remain in full ownership of the designer to do with as they please.
A 50% non-refundable booking deposit is required before starting any design project. This deposit is required in order to secure your starting date.
Payments are to be made via a bank transfer or Paypal. Paypal will incur a 3% fee.
Invoice terms are 5 business days from the date of the invoice.
Upon signing this contract, the designer will reserve the date agreed upon and will not make any other reservations. Should the deposit not be paid, the client is automatically surrendering their slot and this will be given to another client.
Printing invoices must be paid prior to anything being sent to print.
Should the client fail to comply with payment dates, a late fee of £50 will be billed directly. Failure to pay these fees will result in instant termination of the contract and the matter will be taken further.
Other fees / termination / cancellation
Unless stated otherwise, the client is entitled to 2-3 concepts, package dependant, with 3 sets of revisions. Should the client require more revisions or the designer believes the work to be more complex than set out, additional fees will occur. Furthermore, any additional work beyond the services listed above will result in an added billing to the invoice.
The maximum completion date for this project is set within your proposal brief and should the project not be completed by this date, at no fault of the designer, the client will be expected to pay a 20% disruption fee for each week that the project runs over.
In the event that the client wishes to terminate the contract for any reason, except for unforeseen circumstances (see below)), the client will be expected to settle any final payments for work already completed and will be subject to 20% cancellation fee. In this scenario, the client will not be entitled to a refund of any manner.
Breach of the following will result in automatic termination of the contract and the client shall not be entitled to a refund of any kind.
A) The client is disrespectful or makes any discriminative or offensive remarks towards NM Creates
B) In the unlikely case that multiple attempts have been made or offered to develop a design yet the client remains unhappy or is in refusal of additional fees, and a resolution is not deemed possible by the designer.
C) There is a dispute between the designer and the client that is unresolvable.
Should the contract be terminated by either party, all work legally belongs to NM Creates and the client is not permitted to use the designs for personal or business use. Furthermore, in this event, any individual, including the client or another designer, is not permitted to recreate the ideas or designs that have been created by NM Creates.
In the unlikely event that NM Creates falls ill or is injured and is unable to complete the work for this reason or any other, including personal, the client is entitled to a partial refund minus any design work that has already been completed.
Should this occur prior to the starting date, the client will be entitled to a full refund of the deposit
All quoted turnaround times are approximate. NM Creates will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
The client is required to respond with feedback within 3 working days of receiving any design work. In the case that the designer makes multiple attempts to contact the client and they are failing to communicate, the contract will be automatically terminated and all payments for completed work will be billed directly plus a disruption fee of £50.
The designer is not responsible for delays in the client’s schedule that are a result of the client’s planning. If the client requires additional work, or resumed work, to be completed on a rush order that results in the designer making accommodations in their schedule that go beyond typical work hours, then this will be billed at an increased rush rate, and only accepted based on the designer’s availability.
If a situation arises where the client must pause the project due to unforeseen circumstances within the business, or due to personal reasons, then the client will be billed for all design work completed up to date. The client may only pause a project for up to 1 calendar month, and the project will be resumed based on the designer’s availability. Following the 1 calendar month period, if the project has not yet resumed in full, the designer is within the right to cancel the project and refund the amount equal to the sum of work not yet completed.
Proofs & Approval
All design proofs will be provided in digital form and only once the final payment is made will the designer share all full, final files. Should this payment not be received for any reason, all work legally belongs to NM Creates and the client is not permitted to use the designs for personal or business use. Furthermore, in this event, any individual, including the client or another designer, is not permitted to recreate the ideas or designs that have been created by NM Creates
Whilst all care is taken by NM Creates, NM Creates is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from NM Creates, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
NM does not warrant that any deliverables will be profitable, will result in additional sales or will improve exposure. NM Creates has no responsibility to the client should the deliverables of the project not lead to the client’s desired results.
In the event that a dispute resulting in legal action, the unsuccessful party will be liable to cover any fees of the opposition.