Terms and conditions


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.
The Proposal
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.
Cancellation of a Project
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.
Intellectual Property Rights
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.
It shall be your responsibility to check and approve the content of all work submitted to you including text (where it occurs), photography, illustrations, technical drawings and artwork. And subsequently, it shall be your responsibility to sign-off colour proofs, matchprints, cromalins, and running sheets and any other work submitted, to proceed to the next stage. I shall not be responsible for any errors therein which are not corrected by you.
Due Acknowledgement
You agree that I shall be entitled to due acknowledgement in respect of work provided by me whether created wholly or partly to my design or with the benefit of the services provided by me. For the purpose of presenting examples of my work I shall be entitled to publish, display or broadcast any work or idea created or designed by me or my agents which are in the public domain.
Infringement on Terms and Conditions
If you fail to comply with the above terms it will entitle me, at my discretion, to suspend progress of The Project and treat the contract as having been wrongfully terminated by you.
Legal Jurisdiction
The contract shall be governed by the laws of the States of Guernsey. Jurisdiction will reside with the States of Guernsey courts but without prejudice to my right to bring proceedings in any other court which has jurisdiction.
Variation of Terms
These terms and conditions shall apply to all contracts entered into between us, unless varied by a document signed by a duly authorised officer.
Completion Dates
Completion dates are forecast on the information available to me at the time and are made in good faith. However, you agree that such dates may be subject to factors beyond my control and which are not reasonably foreseeable at the beginning of The Project. You therefore agree that I shall not be responsible for any loss or damage due to any services not being completed or goods not being made available within a specified period, owing to such factors.
The fixed fee is calculated on an estimate of the total time and costs involved in completing that stage of The Project. Invoices are rendered on completion of each stage. Production costs are invoiced in addition to design fees. These commonly include photography, illustrations, typesetting, copywriting, artwork and printing and are charged together with a standard mark up. In addition, messenger and delivery charges are charged out at cost. Should The Project vary from the agreed proposal then I shall be entitled to amend any estimate or outside supplier costs and expenses. Where you cancel or postpone a part of The Project thus leading to me incurring a third party’s cancellation charge then you agree to pay this charge. Initial discovery consultations are offered free of charge however any subsequent meetings are billable.
Payment Terms
My payment terms are 30 days from the invoice date. Where a debt remains outstanding I shall, at my discretion, be entitled, whether or not the contract has been terminated and without prejudice to any other remedy, to levy interest at 4% above base rate per month from the date previously notified by you.
Invoicing Schedule
Prior to the commencement of each stage I shall be entitled to invoice 50% of the estimated fee for that stage. The balance of the fee for each stage can be invoiced monthly, relative to the work completed, or at the end of the stage if the stage lasts less than one month.
Retention of Title
No property in or title to the goods which I supply shall pass to you until such time as you have paid to me, in full and unconditionally, all sums due with respect to such goods. This does not apply to photographic materials and original illustrations where ownership remains with the photographer, photographic agency or illustrator.

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