1. PROPOSALS

• All Proposals are provided by the Designer free of charge and are valid for thirty (30) days from the date of issue. Proposals that are not accepted within the time allocated may be subject to amendment. 

• All prices are in Australian dollars unless otherwise stated and exclude GST. 
  Note: The Designer is not registered for GST at this time.

 

2. INVOICES & PAYMENT 

• Once the Designer receives written acceptance of the Proposal and Agreement, either by email or link an Invoice will be generated and delivered to the Client.

• Option 1 - Full Payment is due within seven (7) calendar days after accepting the Agreement. This includes a non-refundable retainer of $500.

• Option 2 - A booking deposit of 50% of the project total is due at the time of accepting the Agreement to reserve a date in the design queue. This includes a non-refundable retainer of $500. Note: No work will begin until the deposit has been received.

• If the Designer feels that any item requested by the Client does not fit within the initial scope of work, the Client may be charged additional fees. The item will either be invoiced separately or charged as an extra, at full hourly rates.

• Payment Plans

  • The Client reserves the right to request a payment plan which may be accepted by the Designer at their discretion. A non-refundable deposit of $500 is due at the time of booking to reserve a date in the design queue. The remaining total is broken into four (4) or six (6) payments, scheduled over the span of the project timeline. This will be referred to as ‘milestone payments’.

• Design Power Days

  • Full payment is required at the time of booking to reserve a date in the design queue.

 

3. NON-PAYMENT

• The Designer may choose to suspend the project immediately until payment is received (including stopping ongoing work, removing unpaid material, and taking down the website).

• The Designer reserves the right to withhold deliverables if accounts are not current or overdue invoices are not paid in full. 

• The Designer is entitled to charge the Client for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid in excess of sixty (60) days. The Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. 

 

4. CONFIDENTIAL INFORMATION

• The Designer and the Client both acknowledge that during business dealings they may receive certain confidential information and materials from the other party. Each party, including its agents, sub-contractors, and employees, agrees to hold and maintain in strict confidence all confidential information and shall not disclose confidential information to any third party or use any confidential information except as may be necessary to perform its obligations under the Agreement (refer to clause 5), and as may be required by a court or governmental authority.

• Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.

 

5. SUBCONTRACTORS/EXTERNAL SUPPLIERS

• The Designer may from time to time employ other companies and individuals to perform functions on their behalf (e.g. they may retain a third-party contractor to deal with product orders, delivery of products to you, and or printing services). In those circumstances, the Designer may disclose relevant personal information to such companies and individuals to enable them to deliver services on the Designer’s behalf.

 

6. DEADLINES

• Every possible attempt is made by the Designer to meet the required deadlines. It is the Client’s responsibility to notify the Designer of deadlines prior to the commencement of the project. The Designer will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond the Designer's control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. 

• A timeline will be sent out for projects to specify all stages and content delivery deadlines.

 

7. CLIENT MATERIALS

• Where the Client provides the Designer materials over the course of the project, the Client guarantees that they own them or have been given permission to use them. The Client grants the Designer the right to use their materials for the purpose of providing the Services pursuant to the Agreement. 

• The Client understands and acknowledges that they are solely responsible for the content, completeness, and accuracy of all materials provided to the Designer for the completion of the Services. In no event will the Designer be liable for any inaccuracy, error, mistake, or insufficiency resulting from the designer's use of the Client materials.

• The Designer will not be responsible for any damage or consequences if the materials the Client provides infringe on someone else’s rights or are unlawful or illegal. The Client will indemnify the Designer and pay for all damages, costs, fees, expenses, and legal fees on an indemnity basis that the Designer incurs due to the Client’s materials being infringing, unlawful or illegal in any country.

 

8. CONTENT

• Prior to project commencement, the Designer is to receive, where possible, all necessary associated information and branding assets, including research, evidence, existing photography and video, logos, typography, colour palettes, image style, existing brand language, and tone of voice guidelines, and layout guidelines. (This clause does not apply if the Client's existing branding has been created by the Designer). 

• The Designer can source professional stock photography as required. Professional stock photography that is not accounted for in the initial Proposal attracts an additional cost which is payable by the Client. 

• Unless clearly specified as otherwise within the Agreement, all collateral and or website copy will be provided by the Client in a word document. Copywriting by the Designer beyond basic editing for grammar, spelling, and tone of voice will be viewed as out of scope, and will incur additional charges.

 

9. WEBSITE DESIGN

• Unless explicitly stated within the project Proposal, website hosting and other ongoing charges (eg maintenance) are not included and will be priced separately.

• Invoicing for web hosting will take place once the scope of website content is finalised and the website is ready to ‘Go Live’.

• Purchase of Domain Names unless clearly specified within the project Proposal is deemed out of scope and is payable by the Client.

• The completion/sign-off point is defined by the ‘Go Live’ date. After this date, the Client has a period of thirty (30) days to provide feedback on any inconsistencies within the site performance. Any new changes to the web build, thereafter, are considered amends and will need to be quoted.

• The Designer builds websites according to the trends of SEO at the time of building. The Designer will help you to explore your keywords/key phrases; however final key phrase choice is the responsibility of the Client. 

• On-page SEO principles will be considered during website design. This does not include specific targets, and the Designer cannot bear responsibility for a failure to improve any search engine rankings or website visitor numbers. The Designer cannot guarantee and is indemnified by the Client against any claims regarding the following: the presence of Google or search engine listing, the position of the website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the website and effectiveness of keywords/key phrases.

• The Designer holds no responsibility if your email addresses are targeted with spam as it is outside of our control. The Designer holds no responsibility if the Client’s email account details are obtained and used to send spam or malicious material.

• The Designer cannot take responsibility if the Client’s site is “hacked” or maliciously attacked in form. The Designer will not be held responsible and is not liable for any loss of income to arise from the Client's website “going down”, being hacked, or otherwise. The Designer does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Designer does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system unless otherwise agreed upon.

 

10. PROOFS

• All concepts created by the Designer are presented in low-resolution draft format for on-screen proofing. High-resolution files are only released once full payment is received.

• The Designer exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by the Designer are created to the very best of the Designer's ability and knowledge.

• Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that the Designer is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. 

• The Client, within three (3) calendar days of receipt of each proof, shall notify the Designer of any corrections, changes or amendments the Client wishes to be made. Should the Client fail to respond for any reason, please refer to clause 14.

• Any and all corrections, changes or amendments to a project must be provided to the Designer in writing. Each Proposal allows the Client two (2) rounds of minor revisions to their project unless otherwise specified. 

• Any revisions not nominated in the two (2) rounds of minor revisions, or otherwise accounted for in the Proposal, are charged at the full hourly rate of $120. Should the Client choose not to proceed with the project, please refer to clause 14.

• Final approval of artwork must be provided to the Designer in writing before any work is released - verbal approvals will not be accepted.

• Design Power Days 

  • Around noon of project day, the Client will receive the first proof and around 4pm the final revision.

  • Either at time of final proof or by the following morning, the Designer will deliver the final work to the client via a Dropbox link.
    Note: The Designer works in AEST.

• Websites

  • During the review of proposed wireframes, the Designer reserves the right to deem out-of-scope any requested changes to functionality that will require significant studio or development time.

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11. OFFSET, DIGITAL & LARGE FORMAT PRINTING

• Proposals do not include cost for print collateral or media buying spend unless otherwise stated in the Proposal.

• The Client accepts that the Designer is not responsible for any Client-supplied images that do not print as expected. The Designer supplies files to print companies and other third parties for high-quality reproduction at a minimum of 300 dpi at actual size, or as a high-resolution PDF, and according to their required specifications.

• Colour accuracy is best determined by the chosen print Designer, through the production of pre-press calibrated high-resolution proofs. Depending upon the print Designer, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. The Client accepts that the Designer is not responsible for any print inaccuracies that may arise.

 

12. ERRORS & OMISSIONS

• Whilst all care is taken by the Designer in producing proofs and final artwork, it is understood that the Client assumes and accepts liability for any and all errors not corrected. The Client is responsible for proofreading and identifying any errors or omissions, prior to final approval. 

• Final artwork is not released to the Client or third parties (eg. printers) until final approval of artwork is provided to the Designer in writing – verbal approvals will not be accepted. Should the Client request a project reprint, the Client is solely responsible for payment of all associated costs. The Designer will not issue credit or refunds.

 

13. FILE FORMATS/ARTWORK RELEASE

• Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing, and/or publishing websites. 

• The Designer does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop, and so on).

• High-resolution PDFs of a completed project can be supplied upon final payment, at the Client’s request. If a Design fee was not applied to the invoice (whether it be a redraw of supplied artwork or a Clients concept), the Designer reserves the right to not supply artwork files but will in good faith supply a jpeg and PNG file. You can request to purchase the hi-res artwork at the full rate.

• Upon project completion, the Designer securely backs up and stores all associated files. Should the Client request the supply of any files more than thirty (30) days after project completion, a retrieval fee may be incurred.

 

14. INCOMPLETE & CANCELED PROJECTS

• Both parties understand either may terminate the service at any time in writing if, for any reason, the relationship is deemed unsatisfactory by either party. 

• If this agreement is terminated by the Client, before the project start date or the Designer has to cancel due to unforeseen circumstances, then the Designer, in a timely matter will refund the Client's booking deposit or full payment, less the $500 non-refundable retainer.

• If the Client cancels the Agreement before completion, within five (5) business days of such cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by the Designer. If the Client has paid in full the Designer will refund the pro rata amount based on the work completed.

• Should the Client fail to contact the Designer within seven (7) calendar days with a response to any enquiries, requests, corrections, changes, or amendments to proofs, or of final proof approval, the Designer reserves the right to consider the project cancelled and no refund will be issued.

• Design Power Days

  • The Designer does not offer refunds for cancellations or rescheduled dates for this service unless written notice is given a minimum of seven (7) days before the project start date. The Designer at their discretion, may offer to reschedule dates if an unexpected circumstance arises, within forty-eight (48) hours before the project start date.

 

15. COPYRIGHT

• Under the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between Client and Designer’. Copyright will remain the property of the Designer till such time an agreement is in place. As part of the Designer’s terms of business, the copyright license is automatically released to the Client on receipt of the final payment for the commissioned work as stated in the Agreement. 

• This granting of copyright does not extend to the use of design concepts submitted to the Client but not approved.

• If the project is cancelled before completion, the Designer retains ownership of everything, and no rights are granted to the Client to use them.

• The Designer reserves the rights to elements used to create the Client’s project including RAW files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items for future non-related projects without consequence.

• The Designer reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected), and revisions to promote the Designer in but not limited to print or digital media portfolios, social media, and blogs, except where the Client has specifically requested in writing otherwise.

• The Client agrees to allow the Designer to add a small credit on the Client's website (if applicable). This will be in the form of a small line of text placed toward the bottom of the page with a link back to the Designer’s website.

• The Designer does not take any responsibility for trademarks of any kind. It is the Client's responsibility to check trademarking laws and existing Trademarks for availability.

 

16. INDEMNITY

• Under no circumstances shall the Designer be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the supplies prepared by the Designer including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out-of-sequence working, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

 

17. FORCE MAJEURE

• The Designer shall not be deemed in breach of this Agreement if the Designer is unable to complete the services or any portion thereof because of fire, earthquake, flood, hurricane or other severe weather, labour dispute, act of war, terrorism, riot or other severe civil disturbance, death, illness or incapacity of Designer or any local, state, federal, national or international law, basic Terms of Service governmental order or regulation or any other event beyond Designer’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Designer shall give notice to the Client of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.

 

18. GOVERNING LAW AND JURISDICTION

• All terms shall be construed by and governed in all respects by the laws of the State of Queensland, Australia. Concerning any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively, and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia. 

 

19. RELATIONSHIP

• The relationship between the Client and the Designer is one of independent contractors and nothing in these Terms of Service constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between both parties.

20. IMPORTANT NOTE FOR ALL SUBCONTRACTORS 

• Any unsolicited use of the Designer IP will be considered a copyright infringement and may result in legal action. This includes (but is not limited to) the use of photos of work produced, artwork, or concepts for personal and/or business promotional purposes without the written permission of the Designer and the Company's Client.

• Full ownership of designs, concepts, and materials the Subcontractor produces/creates on behalf of the Designer will transfer to the Designer. Future use of the project/concept or any of its elements is prohibited. Throughout the duration of any project or anytime thereafter, the Subcontractor shall not solicit or endeavour to entice away any Client of the Designer indefinitely.  

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DISCLAIMER

The Designer takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, the Designer cannot be held responsible for variations between expectation and outcome. Our services do not guarantee or assure increased brand visibility or additional earnings for your business. While having a new website and/ or a brand designed by a graphic designer may assist in this regard, the responsibility to implement and market these designs and brand elements in accordance with your marketing and/ or business strategy rests with you.

 

All information contained on this website is intended for general information purposes only. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. 

 

The Designer will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. The Designer has no control over websites that are linked to this website. Those third-party websites are under the control of their owners, and the Designer will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.

 

Please note that from time to time the Designer may need to alter these Terms of Service without notice. Please contact us if you do not understand any of the Terms of Service in this document.