Service Level Agreement
Logo Design Process
Gorilla will present the client with a design concept for their approval. The client can request ‘tweaks and refinement’. Tweaks and refinement refer to minor changes to the design including typefaces or colour edits. Minor changes are those deemed not to affect the project timeline and won’t incur extra cost. Major changes including total redesigns, or changes that require extensive work to the designs which may incur extra cost or affect the project timeline. Any extra cost incurred will be discussed with the client in advance. Whether a change to the design is minor or major will be deemed by Gorilla.
Naming
Where brand or product naming is provided basic trademark checks will be run on gov.uk and Google before providing our recommendations. Costs do not include any full legal checks or advice. We can recommend trademark specialists upon request.
Time for Payment
All invoices are to be paid in full within 7 days of receipt. A 5% monthly service charge is payable on all overdue balances. The deposit payment is non-refundable. The grant of any license or right of copyright is conditioned on receipt of full payment. Gorilla reserve the right to suspend any hosting or on-going services until such time as the invoice is paid in full.
Default in Payment
The client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Design Reviews
During the design process, Gorilla will present the client with proofs of the design concepts along with a written or oral rationale of the design decisions made. At this point, the client will have the opportunity to ask questions and request changes to the design.Change requests to the design will be grouped into minor and major by Gorilla. Major changes are those deemed to affect the timescale and budget of the project and will be agreed in advance. Minor changes are those deemed not to affect the timescale and budget of the project.
Change Requests
The client shall be responsible for making additional payments at a reduced rate of £95 per hour (Standard studio rate is £150) for changes requested after the specified number of included design reviews have been exhausted. The client shall offer the Gorilla the first opportunity to make any changes.
Client Responsibilities
The client shall be responsible for providing content to the Gorilla in a timely manner. To ensure a smooth workflow, any revisions should be submitted to the Gorilla within 3 business days of receipt of last design proof. Any delays incurred from revisions may extend the project deadline.
Expenses
Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately and are payable on receipt of invoice. Examples of such expenses are: delivery services, printing services, long-distance telephone calls, travel beyond 10 miles from Gorilla Design HQ, and meals when traveling. All invoices will be payable upon receipt.
Cancellation
Either party may terminate the project at any time upon written request. The deposit payment is non-refundable. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Gorilla, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours already completed by Gorilla. If the project is on an hourly basis or a percentage based on the time estimate for the entire job. If the project is on an hourly basis and the project is cancelled by the client, the client agrees to pay no less than 100% of the hours already completed on the project at the time of cancellation. If the project is a flat rate fee then the client agrees to pay 75% of the total project cost minus the initial deposit already paid. A 100% cancellation fee is due once the design presentation phase has been reached, whether the final design is delivered to the client or not.
Ownership and Return of Artwork
Gorilla retains ownership of all original artwork whether preliminary or final until full payment has been made by the client. Preliminary Works Gorilla retains all rights in and to all Preliminary Works. Any Preliminary Works shall remain the exclusive property of Gorilla Design Studio. Preliminary Artwork means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Gorilla Studio and which may or may not be shown and or delivered to The Client for consideration but do not form part of the Final Artwork.
Project Files
Gorilla retains all rights in and to all project files unless otherwise specified in writing. Any Project files shall remain the exclusive property of Gorilla Design Studio. Project files means all artwork including, but not limited to, brand patterns, illustrations, marketing material. Project files can be purchased separately for an additional fee based on 75% of the total project cost. Logo design files shall be transferred to the client upon receipt of balance payment.
Accreditation/Promotions
All displays or publications of the deliverables shall bear accreditation and/or copyright notice in Gorilla name in the form, size and location as incorporated by Gorilla in the deliverables, or as otherwise directed by Gorilla. Gorilla retains the right to reproduce, publish and display the deliverables in Gorilla portfolios, websites and social media and in design periodicals and design blogs for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. For all other reproductions we would seek the consent of the client in advance.
Releases
The client shall indemnify the Gorilla against all claims and expenses, including reasonable attorneys fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications
Modification of the Agreement must be written, and the client shall pay fees or expenses that were orally authorised in order to progress promptly with the work.
Limitation of liability
Nothing in this contract shall limit or exclude the liability of either party for death or personal injury caused by the negligence of that party or for fraud. Each party’s aggregate liability to the other party under or in connection with this contract shall not exceed the total fee paid or payable to Gorilla under this Contract. In addition, neither party shall be liable to the other for any loss of profits, business revenue, goodwill or anticipated savings or for any indirect or consequential loss.
Font usage
All fonts used by Gorilla Design are purchased for internal purposes only. Licenses require that fonts NOT be supplied externally in any circumstances. All recipients of Gorilla Design files will therefore require their own personal desktop font licenses. On supply of editable files to the Client (or their nominated printer, reprographics house or any other third party supplier) the responsibility to purchase all font licenses transfers to them. This is standard industry practice.
Commercial font use
Some fonts may require additional licensing for commercial usage (e.g. packaging, advertising, web, social and other areas). Prior to final production it is the responsibility of the Client to ensure commercial font licenses are purchased for all fonts used within any editable Gorilla Design files supplied for the intention of commercial purposes. When requested, Gorilla Design will provide the Client with the contact details for the appropriate font license owners so that the Client can arrange their font licensing requirements.
Commercial Imagery Usage
Stock imagery included in any Gorilla Design work supplied to the client for any type of design output, including but not limited to packaging, websites and social media, may require additional licensing for commercial use. It is the sole responsibility of the client to ensure that all necessary commercial image licenses are obtained prior to publishing any Gorilla Design work or using any imagery in a design. When requested, Gorilla Design will provide the client with the contact details for the appropriate image license owners so that the client can arrange for the necessary licensing requirements. The client acknowledges that any failure to obtain proper licenses for stock imagery used in a Gorilla Design file or any type of design is the sole responsibility of the client and that Gorilla Design will not be held liable for any such failure.
Warranty of Originality
Gorilla warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Gorilla has full authority to make this agreement; and that the work prepared by Gorilla does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the client or others may make of Gorilla’s product that may infringe on the rights of others. Client expressly agrees that it will hold Gorilla harmless for all liability caused by the clients use of Gorilla’s product to the extent such use infringes on the rights of others.
Deposit Acknowledgment and Acceptance of Contract Terms
By paying the deposit for our services, you (the client) acknowledge and agree that you have read and understood our terms and conditions. You are bound by these terms, whether or not you have signed a physical or electronic copy of a contract or not. The deposit acts as your acceptance of the terms of this contract and constitutes a legally binding agreement between you and us. You understand that this contract sets out the terms and conditions of our services and outlines our obligations to you, as well as your obligations to us. Please note that failure to comply with the terms of this contract may result in legal action being taken against you. If you have any questions or concerns regarding this legal policy, please do not hesitate to contact us.