“Company / We / Us” trading name is: Pocket Studio Limited
“You” is: The Client

1.0 Services Rendered
We agree to provide the services to you in accordance to what is outlined in the quote. Throughout the design process you will have opportunities to review the work produced and provide feedback. If, at any stage, you're not happy with the direction our work is taking and wish to cancel this contract, we will require full payment of the work produced up until the time of the request for the contract to be cancelled. All final artwork sign off including proofing all wording is your responsibility. We cannot guarantee that our work will be error-free, so we can't be liable to you or any third-party for any incidental, consequential or special damages.

2.0 Mutual Co-operation
We agree to use our best efforts to exceed your expectation on the deliverables quoted for. You agree to provide us any information required pertaining to creating the deliverables and to cooperate with us in completing the work outlined.

3.0 Charges for Additional Services Performed
Additional services required that are beyond the scope or initial quote will be quoted out as extra and sent to you for separate approval.

4.0 Terms of Payment
(a) Billing Schedule and Payment Terms We're sure you understand how important it is that you pay the invoices that we send you promptly. We're also sure you'll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule. We require you to pay a deposit of thirty per cent (30%) of the project quote at the point of accepting these Terms of Service. The project can get underway once the deposit has been received. The remaining seventy per cent (70%) will be invoiced on completion of the project and payment will be required within 7 days of the invoice date. Projects that are put on hold for longer than 45 days will require the costs to date to be settled in which a part payment invoice will be sent to you. You will supply us with all necessary purchase order numbers and other internal information required for invoice processing on acceptance of the quote.
(b) Overdue or Unpaid Invoices We will charge a late payment fee of 2% every 2 weeks on any overdue and unpaid invoice balances. Late payment fee will cover the manpower, interest, and other costs we are required to pay for carrying overdue invoices. In addition, we reserve the right to put on hold any additional projects that are being worked on for you until payment is received.
(c) Collection Costs In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid invoice balance, you agree to reimburse us for these expenses.

5.0 Cancellation of Services
You have the right to modify, reject, cancel or stop any projects. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to noncancellable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimise such costs and expenses.

6.0 Responsibilities
(a) Company’s Responsibilities We shall obtain licenses, permits or other authorisation to use imagery, typography, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
(b) Client’s Responsibilities You guarantee that all elements of text, images, or other artwork you provide are either owned by you or that you have permission to use them. On completion of the project you will receive all finished artwork files. All original open artwork files will be stored by us. You own all elements of text, images and data you provided, unless someone else owns them. We'll own the unique combination of these elements that constitutes a complete design.
(c) Client’s Responsibility for Accuracy You are responsible for the accuracy, completeness and propriety of information concerning your products and services which you provide to us verbally or in writing.

7.0 Confidentiality
We acknowledge our responsibility, both during and after the completion of the project, to use all reasonable efforts to preserve the confidentiality of any confidential information or data developed by us on behalf of you or disclosed by you to us.

8.0 Term and Termination
(a) Period of Agreement and Notice of Termination This Agreement shall become effective as of the date the Terms of Service was accepted.
(b) Termination for cause Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default. In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement. (c) Payment for Non-cancellable Direct Costs Any un-cancellable direct costs associated with the quote which we have committed ourselves to purchase for your account shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimise such liabilities immediately upon written notification from you.

9.0 General Provisions
(a) Governing Law This Agreement shall be governed and construed in accordance with the laws of New Zealand.
(b) Representations The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their responsibilities hereunder without violating the legal or equitable rights of any third party.
(c) Completeness This Agreement replaces all previous written or verbal agreements and undertakings by either party to the other in respect of the conditions of this Agreement.