The services which are to be provided by me are referred to as “The Project”. The term “Intellectual Property” refers to patents, registered trademarks, registered service marks, registered designs, applications for any of the foregoing, copyright, moral rights, trademarks and names service marks and names, logos, symbols, emblems insignia, indicia, slogans, confidential information, trade secrets, inventions, discoveries, improvements, processes and formulae (whether or reduced to writing and whether or not capable or registration), the legal equivalents throughout the world and the legal protection thereof throughout the world, including the right to sue for damages and remedies in respect of any infringement or violation thereof.

Following initial discussions, you shall be presented with a written and/or visual proposal which, subject to the provisions herein, may describe The Project including information on stages, timing, fees, expenses, and which shall incorporate these terms of business. The copyright in my proposal, which should be treated by you in the strictest confidence, will remain vested in me at all times.

I (Dominique Fleur Ogier aka Design By Domo) acknowledge a duty not to disclose without the permission of my client, during and after my term of appointment, any confidential information which my client may have supplied to me in the course of my work. In turn, recommendations and reports made by me (Dominique Fleur Ogier aka Design By Domo) to my client are made on the basis that they will be regarded as confidential by both parties.

I (Dominique Fleur Ogier aka Design By Domo) shall not act in a way which I know constitutes an infringement of the Intellectual Property rights of a third party. However, the services comprised in The Project shall not oblige me to make any investigation in respect of the infringement of such rights, unless expressly agreed in writing between us, such investigations to be subject to an additional fee. In addition, you agree fully to indemnify me and keep me indemnified against any liability arising of any such infringement. Furthermore, it shall be your responsibility, unless expressly agreed in writing between us, to take whatever steps you may consider necessary to protect your rights to any work prepared, created or designed by me or my agents. In the event that I agree to undertake such work on your behalf, it shall be subject to an additional fee. I (Dominique Fleur Ogier aka Design By Domo) shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature. I (Dominique Fleur Ogier aka Design By Domo) shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or other proprietary or personal rights contained in any material printed for the client.

If you terminate The Project upon the completion of a stage, then you shall incur my fees and expenses up to the end of that stage. However, if you cancel The Project during a stage then you agree to pay the full agreed fee for that stage and all expenses incurred up to cancellation, including any expenses relating to work which may have been commenced but not yet presented. Cancellation of The Project must be provided in writing.

Ownership of Intellectual Property Rights in relation to all work prepared, designed, created, commissioned or otherwise acquired by me shall remain mine unless expressly assigned to you in writing. Upon completion of The Project and unless otherwise set out in our proposal, I shall assign to you such rights as I may then own subject to receiving from you all amounts owing, with the provision that they are limited to the United Kingdom unless also agreed by me in writing. You agree to reimburse me for any costs or out-of-pocket expenses incurred in making the assignment. If rights are so assigned it shall only be in relation to material actually incorporated or contained within the final concept accepted by you. My fee for The Project is agreed on the understanding that no part of the work provided to you shall be used except for the purpose specified, unless expressly agreed by me in writing, and unless you have agreed to pay me such an additional fee as we agree between us. Any work submitted to you but which is not incorporated in the final concept accepted by you shall remain my property, whether or not the subject of such rights and regardless of whether or not it is in your possession. If The Project is cancelled, you shall not be entitled to such rights, nor to use or otherwise exploit the ideas or other information made known to you during the course of The Project.