Terms & Conditions

Standard Terms & Conditions.

The following terms have been tailored to protect both the Client and Designer during a working relationship.

Project Acceptance

At the time of proposal, Wirdy Hamidy will provide the Client with a Proposal. The Proposal is to be signed and dated by the Client to indicate acceptance and should be returned to Wirdy Hamidy. Alternatively, the Client may send an official order in reply to the Proposal which binds the Client to accept Wirdy Hamidy’s terms and conditions, or an email acknowledging acceptance of the Proposal. Electronic signatures shall be considered legal and binding. No design work on a project will commence until notice acceptance of the Proposal has been received by Wirdy Hamidy.

Relationship of the Parties

Wirdy Hamidy is an independent contractor, not an employee of the Client or any company associated with the Client. Wirdy Hamidy shall provide the design services under the general direction of the Client, but Wirdy Hamidy shall decide, at her sole discretion, the manner and means by which the Design Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorised to act as an agent on behalf of the other party.

Code of Fair Practice

Wirdy Hamidy guarantees that, to the best of her knowledge, the project assigned is:

  1. Original and has not been previously published, or that consent to use resource has been obtained on an unlimited basis;
  2. All work or portions obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis;
  3. Work prepared by Wirdy Hamidy does not contain any scandalous, harmful, or unlawful matter.

This warranty does not extend to any uses that the Client or others may make of Wirdy Hamidy’s design work that may infringe on the rights of others. Client expressly agrees that it will not hold Wirdy Hamidy liable for any damages caused by the Client’s use of Wirdy Hamidy’s design work to the extent that such use infringes on the rights of others.

Availability

Otherwise stated, Wirdy Hamidy will only be available to work on a design project from Monday to Friday between 6pm and 10pm (GMT +8) and Saturday to Sunday between 9am and 5pm (GMT+8).

Communication

Wirdy Hamidy can be reached by:

  1. Telephone: +6018-357 6419
  2. Email: mail@wirdyhamidy.com
  3. In-person: Wirdy Hamidy will be available in-person by appointment basis, but limited only to Brunei Darussalam’s Brunei-Muara, Tutong and Belait district. In the event when Wirdy Hamidy is required to travel to other places, travelling expenses which includes transportation, accommodation and, if applicable, a mileage reimbursement at USD$0.15 per kilometre; and additional of USD$25 per hour time spent during travelling will be paid by the Client.

Skype chats are welcomed at the Skype username: wirdyhamidy.

Payment

Payment Schedule

The Client will make a 20% down-payment prior to commencement of work. The project can be scheduled once the down-payment is received by Wirdy Hamidy. The down-payment is non-refundable. The remaining 80% is payable to Wirdy Hamidy upon completion of the project, and before Deliverable is supplied to the Client.

Delayed Payment

If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period on a compounding basis until the full amount has been received by Wirdy Hamidy.

Additional Costs

The project pricing in the Proposal includes Wirdy Hamidy’s design fee only. Any and all outside costs including, but not limited to, copywriter’s costs and fees, photographer’s costs and fees, font licenses, stock-images licenses, prototype production costs, talent fees and online access, hosting fees or travelling expenses, will be billed to the Client unless specifically otherwise stated in the Proposal.

Invoices

All invoices are payable within 30 days of receipt. Wirdy Hamidy reserves the right to withhold delivery and any transfer of ownership of any current design work if accounts are not current or overdue invoices are not paid in full.

Client Responsibilities

Client acknowledges the responsibility for performing the following in a reasonable and timely manner:

  1. A completion of a Design Brief document;
  2. Decision-making with parties other than Wirdy Hamidy;
  3. Providing resources such as copywriting and photographs. In the event that the Client has no available acceptable resources, Wirdy Hamidy can suggest an alternative solution and/or provide a separate estimated fees (additional costs) ; and
  4. Final proofreading: in the event that formal approval has been obtained to proceed with the Deliverable from the Client, and subsequently it was found that there are errors in the design (such as, but not limited to, typographic errors and spelling errors) in the finished product, the Client shall be deemed liable for the cost of correcting such errors.

Changes

The Client must assume that all additions, alterations, changes in content, layout or process changes requested will alter the overall time and cost of the project. Client shall pay additional charges for changes requested on a time basis, at Wirdy Hamidy’s standard hourly rate.

Alterations

The Client also agrees that Wirdy Hamidy holds no liability and responsibility for any amendments made by any third party approved by the client, before or after the design is published.

Rights to Deliverable

The client will have a Final Design ownership options of:

  • Exclusive license, no modification rights
    Standard ownership option with no additional fees.
  • Exclusive license, with modification rights
    Premium ownership option with 30% added to the full fee.
Exclusive License, no modification rights

Upon completion of the Design Service, and expressly subject to full payment of all fees, costs and expenses due, Wirdy Hamidy grants to Client:

  1. The exclusive, perpetual and worldwide right and license to use, reproduce and display the Final Design solely in connection with the Project as defined in the proposal.
  2. The rights for usage of the Final Design in its original form only.

Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Design.

Exclusive License, with modification rights

Upon completion of the Design Service, and expressly subject to full payment of all fees, costs and expenses due, Wirdy Hamidy grants to Client:

  1. The exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the Final Design solely in connection with the Project as defined in the proposal.

Design Credits

The Client understands that it is not a requirement to place credits on printed material exhibition displays, advertisements and/or a link to Wirdy Hamidy’s website on the Client’s website.

The Client agrees to allow Wirdy Hamidy to place parts of final designs, along with a link/ mention to the Client’s site on wirdyhamidy.com or be.net/wirdyhamidy for demonstration purposes and to use any designs in her own publicity and portfolios.

Cancellation

In the event of a cancellation of the project, the original design work shall be retained by Wirdy Hamidy, and a cancellation fee for work completed, and expenses that has already incurred, shall be paid by the Client.

The cancellation fee is based 50% of the initial payment fee. Cancellation fee is due once the project has been finished, whether delivered to the Client or not.

If the project is cancelled by the Client in the middle of the work progress, the Client agrees to pay no less than the hours already billed for the project at the time.