THE AGREEMENT FOR GRAPHIC DESIGN
Standard contract for performance of design, graphic design, StampeGrafica and the principal owner of the quote.
No. 1G The task
The assignment includes basic services and additional specified in the quotation/contract.
No. 2G Services
2G1 - For basic Services should be understood:
- consulting, research, design;
- coordination of the project and its execution;
- preparation of the material;
- quality control on the implementation.
The professional staff of the project will rely on the collaboration of third parties for the performance of such services.
2G2 - For additional Services must be understood:
On the request of the customer, in the course of the assignment will be provided by the professional staff of the project, directly or through third parties, the following additional services:
- processing of texts, photographs and illustrations;
- the preparation of the original specialty such as symbols, logos, characters outside the standard, maps, diagrams, and schematics;
- reworking of existing materials for its playback (for example: redesign, partial or total, retouching, illustrations, diagrams or maps);
- production services (composition, proofreading);
- the preparation of special material of presentation (perspective drawings and detailed scale models, prototypes, presentation slides).
2G3 - For excluded Services should be understood:
Are not included in the mandate, the following services:
- trademark search for trademarks or patents;
- reproduction and printing;
- fabrication and installation of the materials.
These services will be performed on request from suppliers or directly supplied by Laboratories Technical StampeGrafica. If the payment of the remuneration of the third party providers will StampeGrafica for the account of the customer, without this leading to the assumption of direct or indirect responsibilities for the obligations of third party suppliers in respect of the customer, StampeGrafica will be entitled to reimbursement of such costs supplemented by a mark-up of mediation 10%.
No. 3G Fees
Costs the Fees include the basic services plus the additional described in the quotation/contract is addressed to the name of the Buyer. Services will be quantified in accordance with the applicable tariff AIAP.
3G1 - reimbursable Expenses
The customer shall reimburse StampeGrafica all the expenses incurred in relation to the project, including those for the filming, reproduction and photographic rights, auditions, filming, computer renderings, digital prints, magnetic media, postage, and local deliveries, shipments, moves out of the city and cost of living. Travel by car will be charged at a standard rate per km in accordance with the tariff, the ACI force.
3G2 - Estimates for reimbursable expenses and services implementation
The quotes and estimates relating to the expenses or services for the implementation excluded from this assignment (such as print, manufacture or installation of the projects), will not be binding for StampeGrafica, which engages in each case promptly inform the customer of significant changes of their amounts.
3G3 - Documentation
The professional will write down the hours of work performed and reimbursable expenses incurred, and shall transmit the documentation on the request of the customer.
3G4 - Conditions of payment
StampeGrafica will issue invoices according to the schedule indicated on the quote/contract. StampeGrafica asks for a deposit based on the estimate/contract will be equal to 30% of the total amount (by budget) to be paid within the preliminary phase of the design process.In the case of non-agreement or non-payment will be subject to the provisions of the law on the subject.
3G5 - Repayments, Additional Expenditures and reimbursable expenses
The reimbursement of expenses and services implementation will have to be made at the time of the presentation of the corresponding invoice.
3G6 - Revisions and additions
Must be agreed in advance between the parties, any services different or additional to those described, since they include changes to the extension of the assignment, changes of complexity related to one or more elements of the project, and any changes to be made after the approval of a specific phase of the design, documentation or preparation of the original.
Each additional service will be communicated by means of the estimate made payable to the client and must be confirmed prior to the execution of the service.
3G7 - urgent Works
The fees quoted are based on the time foreseeably necessary for the provision of the services specified in the quotation/contract in the name of the customer. For services which require the carrying out of activities outside of normal working hours, due to deadlines or one-off due to non-compliance by the client of the deadlines set for the delivery of information, materials, or permissions, will be applied a 20% increase compared to the remuneration the basis of the estimate.
3G8 - Bills balance
At the end of the work, before delivery to the client the final files, StampeGrafica will issue the invoice of the end of the work which will include the basic services, any additional services agreed upon during the progress of the works and the advances paid in the course of work.
No. 4G. OBLIGATIONS OF THE CUSTOMER
4G1 Representative of the client
The client appoints a unique representative with full authority to provide and obtain all the information and permissions needed, and possibly required by the Professional / Staff Project. The representative of the client will take care of the coordination of briefing, review, and decision-making processes relating to persons and parties involved in the project, with the exception of the trader and supplier of the same.
4G2 Materials provided
To allow the execution of the assignment, the client agrees to provide information and materials are accurate and complete, and will be responsible for the quality and completeness of all information and all materials provided. The client ensures to have the property or have all necessary rights in such materials to permit their use by StampeGrafica for the purposes of the project. The customer undertakes to ensure, defend and hold StampeGrafica liable for any claim, demand, suit, damage or expense, including any legal fees, even out of court, arising from or related to any action brought by a third party for infringement or violation, past or present, of such third party's rights on materials supplied by the client. All texts provided should be written in a form suitable to the composition. Photographs, illustrations or other visual materials provided by the client must be of a professional quality and in a format suitable for the playback, without the need for further intervention in the preparation or modification. The customer will be billed for any costs arising from the supply of materials not corresponding to these standards. StampeGrafica shall return all materials provided by the customer within 30 days of the payment of the balance of the sums due.
4G3 final Approval
The client will approve by means of its own representative, all of the texts, the documents and the definitive materials before production. After 15 days from the delivery of the documents, and in the absence of specific written communications of the client, the documents are considered to be approved.
No. 5G OBLIGATIONS STAMPEGRAFICA
5G1 Code of conduct
StampeGrafica will lend its services in accordance with the “Code of ethics ethical and professional conduct” of the IAA, and with the rules of the “Code of conduct” in the field of communication.
5G2 the Protection of materials
StampeGrafica will take appropriate precautions for the protection of original and other materials supplied by the client.
5G3 Instructions to a third party
StampeGrafica will act on behalf of the client in providing instructions to third parties involved in the project, such as photographers, illustrators, editors, printers, builders or other service providers.
No. 6G EXCLUSIVE RIGHTS - CONFIDENTIALITY - PROPERTY OF the ORIGINAL
6G1 copyright
With reference to any works of intellectual property protected, which may be created in the course of the assignment:
The customer recognizes that the StampeGrafica will have full and exclusive ownership of the moral rights. StampeGrafica must be indicated as the author in all publications and/or communications of the project;
StampeGrafica gives way now to the customer all of the exclusive rights of exploitation, without limits of time and place, within and for the purposes of the project.
The consideration of such a sale is included in the fees referred to in point 3.1.
Any uses other than and/or more, must be previously authorized in writing by StampeGrafica
6G2 Registration of models or designs
Any registration of models or designs, pursuant to Legislative Decree 30/2005 will be performed at the care and expense of the customer, which shall indicate the name of the designer as the author.
6G3 Confidentiality
StampeGrafica undertakes not to disclose and to hold confidential all information of industrial or commercial related to the activity of the client which came to his knowledge during the course of the assignment and specifically identified as confidential by the customer.
6G4 Original
The material supports of the drawings, and all other materials developed in the course of the assignment (preliminary projects, presentations, etc.) will remain the exclusive property of StampeGrafica. The client shall have the right to the temporary use of such materials only for the purpose of implementation of the project, then all the materials must be returned in unaltered form, to StampeGrafica
Art. 7 CREDITS
7G1 Credit of the professional
The customer undertakes to leave the inserted citation of credit on the papers to be completed on all visual representations such as drawings, models or photographs, and the same citation will be included in all publications of the project performed by the buyer or by third parties authorized by him.
The client may mention the name of StampeGrafica for promotional purposes of the project or of any other nature in relation to the documents connected with it. The quote of credit of the trader will be the following: Graphic Design StampeGrafica.
7G2 Credit of the buyer
StampeGrafica may quote the client for their own promotional purposes (in publications, or otherwise) in relation to the project or its results.
Article 8 TERMINATION OF the CONTRACT
In the event of early termination of this agreement, for any reason this were to happen, the payments to StampeGrafica will not be repeatable and will, in addition, due to the reimbursement of all expenses incurred up to that time, unless any greater sum to which he is liable in damages for any damage caused by the dissolution of the contract.
No. 9
This agreement, which repeals and replaces all previous agreements between the parties on the same object or on similar, except for different commercial contracts in force between the parties and is not modifiable, can be modified only in writing. The parties may not assign or transfer, either in whole or in part rights or obligations arising from this agreement without the written consent of the other party. Every communication relating to this agreement, shall be transmitted to the other party, by email to the following addresses:
- as for the client: email this in the customer master data
- how to StampeGrafica: amministrazione@stampegrafica.it
Art. 10 APPLICABLE LAW AND place of JURISDICTION
The relationship between the parties is not specifically regulated in this agreement will be applied the Italian law. For any dispute that may arise between the parties regarding the interpretation, execution, validity and/or enforceability of this agreement, or with it in any way related, will be exclusively competent the court of Tivoli (Rm).
No. 11 DECLARATION pursuant to ART. 13 D. Lgs 196/2003 AND FOLLOWING UPDATE RULES GDPR 2018
The parties declare that the treatment of the personal data of each of them shall be only for purposes of administering this agreement for the obligations imposed by laws, regulations or community rules.
Remain subject to the rights referred to in art. 7 of the D. Lgs 196/2003 and the rights to date with the GDPR relating to the processing of personal data introduced in May 2018, which the parties declare to know.