Terms

1. Definitions

Design tweaks
Once a design steer has been agreed by the client and an agreed number of visuals are supplied, corrections are included within the time framework allocated to the job.

Client corrections
Substantial design changes or debriefing which falls outside the allocated time framework for the job will be chargeable at our full hourly rate.

2. Commencement of work
The commissioned work, and brief shall be confirmed in writing before proceeding. The services and fees will be stated, along with any estimates for further stages of the project. No work will be started without a written agreement.

3. Conduct
MK Associates a member of the D&AD (Design and Art Direction) and the AOI (Association of illustrators), and will observe the rules of professional conduct of these representative professional associations.

4. Confidentiality
MK Associates undertakes not to disclose any confidential information obtained form the client concerning the business methods, know-how and affairs of the client without the client’s prior approval. MK Associates shall ensure that their staff and any sub-contractor involved in the commission shall be bound by the same conditions of confidentiality.

5. Payment
MK Associates shall be paid the total fee in UK pounds (including where relevant VAT or other statutory additions) together with all related costs and expenses. All monies so due shall be paid within 30 days of receiving an invoice from K Dimension Ltd.

For continuing work: after the first presentation of work, an invoice will be submitted by MK Associates at the end of each calendar month for work carried out during that month, or at set stages in the work as agreed in advance. All quotations will include all reasonable design tweaks* but significant client corrections* will be chargeable hourly at the rate shown on the current rate card.

MK Associates shall be entitled to charge interest at the cumulative rate of 10% per annum above the bank base rate on all sums due and in respect of each calendar month after such sums have become due and payable.

6. Expenses
In addition to fees, MK Associates shall be reimbursed at cost of all reasonable out-of-pocket expenses (whether by MK Associates or by any other person engaged on the commission) actually and properly incurred in the execution of the commission, unless are included in a fixed fee agreement. Such expenses will include but without limitation long-distance telephone calls, facsimile charges, courier service, UK & overseas postage and packaging etc.

7. Costs
Costs incurred by MK Associates for such items as prints, proofs and other reproductions of illustrations, typesetting, the production of mock-ups etc, provided at the client’s request or with the client’s approval (unless they are included in a fixed fee agreement) shall be charged separately. MK Associates is entitled to add a handling fee for this service.

8. Non payment
Until all fees, costs and expenses have been paid the ownership in all artwork or any other physical material produced MK Associates(including but without limitation sketches, drawings or dummies / mock-ups) shall remain with MK Associates who shall be entitled to enter the premises of the client and to recover all such artwork and physical material if any such fees costs or expenses remain unpaid (whether wholly or in part) after they have become due to be paid.


9. Design & Illustration Specimens
The client shall provide MK Associates(unless agreed in writing), free of charge, with a reasonable number of specimens (print & publishing only) of any work carried out in connection with the commission.
10. Use of work 
The design or other work carried out in accordance with the commission shall not be used for any purpose other than that for which it was commissioned (without the prior written approval of K Dimension Ltd). In no circumstances may any work in rough or uncompleted form be used or published as finished work without the prior written approval of K Dimension Ltd. Once the work is printed or launched MK Associates shall at all times be entitled to use for purposes of promotion any of the commissioned work or any description or illustration of the commissioned work (even if the intellectual property rights have been assigned to the client).

11. Modifications
No modifications or alterations to any designs or other work for the commission may be made without the consent of K Dimension Ltd. Any agreed modifications or alterations shall only be carried out by or under the supervision of MK Associates and shall be paid for at a rate agreed with MK Associates in advance. In the event of any reprints being obtained by the client, these shall not differ in any way from the originals supplied, without the consent of K Dimension Ltd.

12. Design / Video / Illustration credits
MK Associates asserts the right to be identified as author of any design, new media, illustration, digital manipulation work which has been created as a result of the commission and any publication of that work or reproduction thereof on any finished product shall bear a clear and distinctive credit to MK Associates as approved by MK Associates. The designer’s name, signature or trading style shall not be registered in any way or used upon or in relation to any of the commissioned work unless asserted as above or approved in advance by the designer in writing.


13. Intellectual property rights (copyright)
All intellectual property rights arising in all or any of the work created MK Associates are and shall remain the property of MK Associates unless assigned in writing (copyright & usage license) after payment of all fees, costs and expenses have been paid. Any fees paid to MK Associates shall not be deemed to include the assignment of any such intellectual property rights.

14. Deposit
Photography studios, video equipment, and the digital edit suit are subject to a 50% non returnable deposit payable 3 days before commencing work.

15. Legal requirements
It is the client’s responsibility to ensure that the work complies with the laws of the country for which it is intended.

156. Termination of agreement
Any agreement between MK Associates and the client shall terminate if either party commits a breach of it and fails to remedy the breach within 30 days after receiving notification in writing from the other party specifying the breach and requiring its remedy.

17. Consequences of termination
On termination or postponement of the commission, or any part of it, for any reason MK Associates shall be entitled to full remuneration for the work completed to the date of termination or postponement, together with all costs and expenses. If any of the intellectual property rights in any of the commissioned work have been assigned to the client, such rights shall in the event of any such termination or postponement automatically revest in and shall be assigned to MK Associates and the client shall sign all documents and do all such acts in order to fulfil the same.

18. Digital assets, printing and Proofing
It is the responsibility of the client (not MK Associates) to proof read and check all documents and images before being printed, MK Associates recommend the following main points must be checked:
• Spelling and typo errors
• Correct images and logos
• Proof reading
• Client corrections are completed
If any files are amended or changes made to the original proof, it will be necessary to obtain further proofs (at clients cost unless agreed in writing).

19. Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by the client and signed by an authorised representative of MK Associates prior to the commencement of work outlined in this submission.
Copyright © 2020/21 MKA Creative / MK Associates
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