Terms &
Conditions.

01About these terms

These terms apply to your use of this website, xus.nz, and to any design, development, data or drafting work that Xu Studio (“we”, “us”), the studio of David and Laura based in Mainland China, carries out for you (“you”, the client).

By using the website or confirming a project with us, you agree to these terms. If a quote or written agreement for your project says something different, the project-specific wording takes priority. Please read sections 11 and 12 carefully: they limit our liability. If anything is unclear, ask us before you confirm a project and we will explain it.

02Using this website

• The website is provided for general information about the studio. We try to keep it accurate and available, but do not promise it will always be complete, current or uninterrupted.
• The designs, text, illustrations and images on this site belong to Xu Studio or are used with permission. You may view them and share links to them, but not copy, adapt or use them commercially without our written permission.
• Please do not misuse the site, for example by attempting to break its security, overload it or scrape it in bulk.
• Links to other websites are provided for convenience; we are not responsible for their content.

03Quotes and forming a contract

Every project starts with a quote that sets out the scope, deliverables, timing, price and payment schedule. A contract is formed when you accept the quote in writing; a clear message on WeChat or by email counts as writing (PRC Civil Code Art. 469). Unless it says otherwise, a quote is valid for 30 days.

Prices are shown in the currency stated in the quote. We will tell you before the contract is formed whether any taxes are included, and anything not listed in the quote (extra pages, formats or concepts) is outside the scope. We will always agree any extra work and fee with you before doing it.

04Your responsibilities

• Materials and feedback: send content and feedback in good time. Delays on your side may move the delivery date.
• Accuracy: you are responsible for the accuracy and lawfulness of the content you provide, including figures, research, data and claims. We design and present your content; we do not verify it.
• Rights and permissions: you confirm that you have the right to use everything you send us, including images, logos, data and other people’s personal information (for example consent from students’ parents or guardians where the law requires it).
• Competitions and assessments: if the work is for a competition, award, course evaluation or other assessment, you are responsible for checking and following its rules on outside design assistance. The ideas, content and authorship remain yours.

05Fees and payment

Fees are set out in the quote. For most projects we ask for a deposit before work begins, with the balance due before final files are delivered; the exact split is stated in the quote. We accept WeChat Pay, Alipay, PayPal, Visa, Mastercard, American Express and UnionPay cards, and bank transfer to our New Zealand bank account; the method for each project is agreed with you. Receipts are available on request.

Final, editable and source files are released once payment is complete. Agreed extra work is added to the final balance.

06Revisions and timing

The quote states how many rounds of revisions are included. A round is one set of consolidated feedback on a draft. Further rounds, or changes to a direction you have already approved, may be charged at the rate in the quote.

Delivery dates are estimates given in good faith. We will keep you informed and tell you promptly if something could affect a deadline.

07Delivery and acceptance

We deliver files in the formats listed in the quote, for example editable PPT files, vector logo files (AI, SVG, PDF), images or CAD drawings. Please check them when you receive them. If anything does not match what was agreed, tell us within 14 days and we will put it right at no extra cost. This does not reduce any longer period you have under consumer law (see section 11).

08Ownership and use of the work

• Final deliverables: on full payment, we assign to you the copyright and other intellectual property rights in the final approved deliverables made for you, to the extent we own them, so you may use, adapt and register them as you wish. This written agreement determines ownership of the commissioned work under PRC Copyright Law Art. 19 and serves as a written assignment under New Zealand, EU/UK and US law.
• Authorship: where the law gives designers non-transferable moral rights, we agree not to assert them in a way that interferes with your normal use of the deliverables.
• Drafts and unused concepts: rejected concepts, drafts and working files remain ours unless the quote says otherwise.
• Third-party assets: fonts, stock images, icons, plug-ins and code libraries remain subject to their own licences. We will tell you when an asset needs a separate licence for your intended use.
• Know-how: we may reuse general techniques, templates and skills that are not specific to your project.
• Portfolio: we show finished work in our portfolio only with your permission, as described in our Privacy Policy.

09Confidentiality

We treat your materials, plans and unpublished work as confidential and use them only for your project. This does not apply to information that is already public or that we must disclose by law. Personal information is handled under our Privacy Policy.

10Cancelling a project

You can cancel at any time by telling us in writing. You pay for the work completed up to that point, calculated from the quote; if your deposit exceeds that amount we refund the difference within 14 days. If a project is paused at your request for more than 60 days, we may agree a new schedule with you or treat it as cancelled.

We may end a project if fees remain unpaid after a written reminder, or if we are asked to produce work that is unlawful or infringes another person’s rights. In that case you pay only for work completed.

Consumers in the EU and UK: right to cancel

If you are a consumer (buying for personal rather than business use) in the EU or UK, you have the right to cancel within 14 days of accepting the quote without giving a reason. If you ask us to start work within that period, you must pay for the work done up to the date you cancel, and you lose the right to cancel once the service has been fully performed. To cancel, send us a clear statement by email to [email protected] or on WeChat.

11Your statutory rights

Nothing in these terms takes away rights you have by law that cannot be excluded or limited, including:

• Mainland China: your rights as a consumer under the Consumer Rights Protection Law and the PRC Civil Code. Standard terms that unreasonably exclude our liability or restrict your main rights are not effective (Civil Code Art. 497).
• New Zealand: guarantees under the Consumer Guarantees Act 1993 that services are carried out with reasonable care and skill, are fit for purpose, and are completed within a reasonable time, and your protections under the Fair Trading Act 1986. If you acquire our services for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, as permitted by section 43, and that this is fair and reasonable.
• EU and UK: your rights under consumer protection law, including the UK Consumer Rights Act 2015 requirement that services be performed with reasonable care and skill.
• United States: any non-waivable rights under the consumer protection laws of your state.

12Results and limitation of liability

We do our best work on every project, but we cannot guarantee particular outcomes, such as winning a competition, passing an evaluation, gaining approval or meeting business targets. Results mentioned on this website describe what past clients achieved and are not a promise of future results.

To the extent permitted by law, our total liability arising from a project is limited to the fees you paid for that project, and we are not liable for indirect or consequential losses such as lost profits, revenue or opportunities.

Nothing in these terms excludes or limits liability for personal injury caused by our negligence, for loss caused by our intentional misconduct or gross negligence (PRC Civil Code Art. 506), for fraud, or for any other liability that cannot be limited by law.

13Governing law and disputes

These terms and any project contract are governed by the laws of the People’s Republic of China. If a disagreement arises, please contact us first; most issues can be resolved quickly by message. If we cannot resolve it together, disputes will be submitted to the competent people’s court where Xu Studio is located.

If you are a consumer resident in New Zealand, the EU, the UK or the United States, this choice of law does not deprive you of the protection of the mandatory consumer laws of your country or state (for example Rome I Regulation Art. 6), and you may also bring proceedings in the courts where you live where the law allows. EU consumers may also use their national alternative dispute resolution bodies.

14Changes and contact

We may update these terms from time to time; the date at the top shows the latest version. Changes do not affect projects already confirmed, which continue under the terms in place when you accepted the quote.

Questions about these terms? Email [email protected] or message us on WeChat at atoposnz.