1. About these terms
1.1 These terms apply to all graphic design, branding and digital work supplied by Julie Ibbotson trading as Pocket Rocket Design ("PRD", "we", "us"). "You" means the person or business that requests the work.
1.2 You accept these terms when you accept a quote, pay a deposit, or instruct us to start work, whichever happens first.
1.3 The version of these terms published at prd.nz/terms on the date you accept our quote applies to that job. If a written quote says something different, the quote applies for that point only.
1.4 If you are acting for a company or another person, you confirm you have authority to accept these terms for them.
2. Quotes, fees and payment
2.1 Quotes are valid for 30 days and cover only the work described in them. Prices exclude GST unless stated.
2.2 Work outside the quoted scope, extra rounds of changes beyond the two rounds included, and changes requested after approval are charged at our hourly rate of $110 plus GST, or at a separately quoted fixed price. We will tell you before extra charges begin. At our discretion, we may offer a reduced rate of $100 per hour plus GST to long-standing clients, and to clients whose referral leads to paid work for PRD.
2.3 Third-party costs (printing, materials, fonts, stock images, hosting and similar) are not included in the quoted price unless the quote says so. Any figures we give for them are estimates only, and we pass on the actual cost.
2.4 A deposit of 50% is payable before work starts. The balance is due 7 days from the invoice date, and before final files are released, unless we agree otherwise in writing. Third-party costs must be paid in full before we order or commit to them, because our suppliers require payment from us upfront.
2.5 Overdue amounts may incur interest at 2% per month, and you agree to pay our reasonable costs of recovery, including debt collection and legal fees. We will do our best to tell you before a debt is passed to a collection agency.
2.6 We may pause work or withhold files while any invoice is overdue.
2.7 Printed or manufactured goods we arrange for you remain our property until they are paid for in full.
3. Your responsibilities, proofs and approval
3.1 You are responsible for the accuracy of everything you supply or approve, including text, spelling, prices, phone numbers, addresses, legal wording, dimensions and measurements.
3.2 You confirm you own, or have permission to use, all logos, images, text, fonts and other material you give us. You will cover any claim made against us because that material infringes someone else's rights.
3.3 We will send a proof before any work is finalised, printed, manufactured or published. You must check it carefully.
3.4 Your written approval of a proof (email is enough) confirms the work is correct and ready for production. After approval, the cost of fixing any error that appears in the approved proof is yours, including reprints and remakes. This applies whether the error was originally yours or ours.
3.5 If you ask us to proceed without a proof, or to meet a deadline that does not allow for one, you accept the risk of errors.
4. Colour, reproduction and third-party suppliers
4.1 Colour cannot be matched exactly across different screens, printers, inks, papers, vinyls, paints, fabrics and production methods. Colour values we supply (Pantone, CMYK, RGB, HEX, paint or vinyl codes) are reference targets, not guarantees.
4.2 Colours seen on screen or on a desktop printout are not an accurate indication of the final result. If colour is critical, you must request and approve a physical proof or sample from the supplier producing the work, at your cost.
4.3 Where you engage a printer, manufacturer, signwriter, uniform or merchandise supplier, web developer or any other third party directly, we are not responsible for their work, pricing, timing or errors. This applies even if we recommended them or supplied files to them for you.
4.4 Where we arrange third-party production for you, we will take reasonable care in choosing the supplier and checking the result. Minor variations in colour, finish, trim, registration and quantity that are within normal trade tolerances are not defects.
4.5 Files are supplied to the specification we were given. You or your supplier must confirm that specification is correct before production.
5. Brand guidelines and Brand Rescue
5.1 A brand guide is a reference document to help you and your suppliers apply your brand consistently. It is not a production specification, and it is not a guarantee of any outcome. We treat a brand guide as a living document that evolves as your brand grows or changes. Updates to a brand guide we created are a separate job, charged at a reduced rate and quoted before work starts.
5.2 Examples and mock-ups in a brand guide (stationery, uniforms, vehicles, signage, packaging, digital) are illustrations only. Each real application needs its own artwork, proof and approval before production.
5.3 Anyone using the guide must confirm technical requirements with their own supplier and obtain a physical proof or sample before any production run. If a deadline does not allow time for this, clause 3.5 applies.
5.4 Once you have approved the brand guide and paid in full, you are responsible for how the brand is used, by you and by anyone you give the guide to. We are not responsible for any cost or loss from work produced using the guide that we did not produce or check ourselves.
5.5 If you find an error in a brand guide, tell us and we will correct the guide at no charge. That correction is our only obligation for the error, to the extent the law allows.
5.6 Brand Rescue. Brand Rescue is our service for rebuilding the logo files and brand guidelines of an existing brand. Prices shown on our website for Brand Rescue and our other services are "from" prices and a guide only. Every job is quoted individually once we have seen your existing material.
5.7 For Brand Rescue work we rely on the logo files, printed items and other material you supply. Where original artwork is missing or of poor quality, a redrawn logo is a faithful recreation, and small differences from the original may occur. Colours are matched as closely as possible to the material supplied. An exact match to items you have printed or produced in the past cannot be guaranteed. Original fonts may need to be identified, licensed, or replaced with a close match.
5.8 You confirm you own the brand, or have the owner's permission, for us to redraw, alter and document it. Clause 8.5 applies to Brand Rescue work in the same way as to new brand work.
6. Signage artwork and third-party signwriters
6.1 We design signage and supply artwork files. We do not manufacture or install signage. That work is done by a signwriter or installer you engage directly, or by one we arrange for you as a third-party supplier under clause 4.
6.2 Signage layouts, scale drawings and building visuals we supply are concept visuals that show design intent. Your signwriter must confirm final sizes, positions, materials, fixings and colours on site before production.
6.3 You are responsible for making sure signage is permitted at the site. This includes council rules and consents, and landlord or body corporate approval.
6.4 Where we rely on measurements, plans or site information supplied by you or your signwriter, the cost of any remake caused by errors in that information is not ours.
6.5 We are not responsible for the manufacture, installation, durability or safety of signage, or for the condition of the surface it is applied to.
7. Digital work, templates and websites
7.1 Templates (PowerPoint, Word, Copilot and similar) and digital files are built and tested on the software versions agreed at the time. We cannot guarantee they will display or behave the same on other versions, devices, operating systems or after software updates.
7.2 Websites and web tools are tested on current versions of major browsers at handover. We are not responsible for problems caused by later browser, platform, plugin or hosting changes, by third-party services, or by changes made by you or anyone else after handover.
7.3 Hosting, domains, plugins, subscriptions and third-party platforms are supplied under those providers' own terms. We are not responsible for their outages, price changes, data loss or security breaches. You are responsible for keeping your own backups.
7.4 Where we use AI tools as part of our process, we review the output before supplying it. We do not guarantee that AI-assisted work can be protected by copyright or is free of similarity to other work.
7.5 We do not guarantee any commercial result from our work, including sales, leads, search ranking or audience response.
7.6 Ongoing support, updates and fixes after handover are not included unless quoted. This includes updates to brand guides, which are covered in clause 5.1.
8. Intellectual property and legal clearance
8.1 Until you have paid in full, we own all work we create and you have no right to use it, unless we agree otherwise in writing. This applies in place of the commissioning rule in section 21 of the Copyright Act 1994.
8.2 On payment in full, ownership of the final approved artwork, including copyright, passes to you. Concepts, drafts and designs you did not choose remain ours.
8.3 Ownership of the final artwork does not include editable working files or source files (for example InDesign, Illustrator, Photoshop or other native files). These are not included unless the quote says so. We can supply them for an agreed fee.
8.4 Fonts, stock images, illustrations, plugins and other third-party material are licensed, not owned. You are responsible for buying and keeping the licences you need for your own use, and for staying within their terms.
8.5 We do not carry out trade mark, company name, domain or copyright searches. You are responsible for checking that a name, logo or design can be legally used and registered, and we recommend advice from an IP lawyer before you invest in production. We do not guarantee that our work does not resemble an existing mark or design.
8.6 You are responsible for making sure your content meets the laws and standards that apply to your business, including advertising, labelling, industry and safety rules.
8.7 We may show the finished work in our portfolio, website and social media, and name you as a client, unless you ask us in writing not to. This continues after ownership passes to you.
9. Timing, cancellation and files
9.1 Timeframes are estimates. They depend on you supplying content, feedback and approvals on time. We are not liable for delays caused by you, by suppliers, or by events outside our reasonable control.
9.2 If a job is on hold waiting on you for more than 30 days, we may invoice for work completed to date and treat the job as closed. Restarting may require a new quote.
9.3 If you cancel a job, you must pay for all work done and all third-party costs committed up to the date of cancellation. Deposits are not refundable once work has started, except where the law requires.
9.4 We may stop work and cancel a job if invoices are overdue, or if you ask us to produce material that is unlawful or infringes someone else's rights.
9.5 We keep job files live for 12 months after completion, then archive them. Retrieving or re-supplying archived files is charged at our hourly rate, with a minimum charge of half an hour. We store files as a courtesy and cannot guarantee that archived files can be recovered. You are responsible for storing the files we deliver.
9.6 Your physical materials and samples are held at your risk.
10. Liability
10.1 Business clients. If you are acquiring our goods or services in trade, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent the law allows. You agree this is fair and reasonable.
10.2 Consumers. If you are a consumer under the Consumer Guarantees Act 1993, nothing in these terms limits your rights under that Act.
10.3 What we will do if we get it wrong. If work we supplied is faulty because of our error, and the error was not in a proof you approved, we will at our choice correct the work, resupply it, or refund the fee you paid for that part of the job.
10.4 Cap. To the extent the law allows, our total liability for any job, however it arises, is limited to the fees you paid us for that job.
10.5 Excluded losses. To the extent the law allows, we are not liable for loss of profit, revenue, business, opportunity, data or reputation, or for any indirect or consequential loss.
10.6 Not our responsibility. We are not liable for loss caused by:
- errors in material you supplied or in a proof you approved
- work done, altered or produced by you or by a third party
- use of our work for a purpose, size, material or medium it was not created for
- colour or finish variation within normal trade tolerances
- your failure to obtain proofs, samples, licences, consents or legal clearance that these terms say are your responsibility
10.7 Time limit. You must tell us in writing about any problem within 14 days of delivery, so it can be inspected and fixed.
10.8 Nothing in these terms excludes liability that cannot legally be excluded.
11. General
11.1 Disputes. If there is a problem, tell us in writing and both parties will try in good faith to resolve it by discussion, then mediation, before starting any court or tribunal claim. This does not stop us recovering unpaid invoices.
11.2 Privacy. We collect and hold your contact and job details to supply our services and for invoicing, in line with the Privacy Act 2020. You can ask to see or correct them.
11.3 Independent contractor. We work as an independent contractor and may use subcontractors. We remain responsible to you for work we subcontract, subject to these terms.
11.4 Changes. We may update these terms from time to time. Updates apply to quotes accepted after the new version is published, not to jobs already under way.
11.5 If part of these terms is invalid. The rest still applies.
11.6 Governing law. New Zealand law applies, and the New Zealand courts have jurisdiction.
11.7 Contact. Julie Ibbotson trading as Pocket Rocket Design (PRD), Auckland, New Zealand. ji@prd.nz | +64 27 296 9171 | NZBN 9429043545797