Oh yes, it’s everyone’s favourite part of business transactions – the terms & conditions. But fear not! You won’t find any excessively long legal text designed to bamboozle here; Ain’t nobody got time for that. I’ll always do my best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. So here’s my T&C’s, in plain and simple english!
SO, WHAT ARE WE AGREEING TO? (A BRIEF SUMMARY)
You: Upon giving approval to begin a project with me and paying your deposit, you are confirming that you have read and understood all of the T&C’s below and agree to adhere to them. You’ll provide me with the assets and information I have told you that I need to complete the project in a timely manner and provide it in the formats I’ve asked for. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out by me on your invoices.
Me: I am confirming that I have the experience and ability to do everything we’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.
PRICING, QUOTES AND ESTIMATES
All of my prices are displayed in Australian Dollars ($AUD). They do not include GST (I don’t currently charge it). Unless otherwise specified, prices are for design work only.
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. Even though I’m certain you’re a truly wonderful person, to ensure that both parties are sticking to the design schedule I hope you’ll understand that no design work will commence until a non-refundable deposit has been paid.
For projects under $300, full payment is due upfront via Paypal (international clients only) or Direct Debit. Once you’re all paid up in full and the project has been completed, your design files will be made immediately available to you for download.
For projects over $300, you will be required to fill out a secure digital payment request form via a company called Ezidebit, including your nominated bank account from which you intend to make payment. A non-refundable 30% deposit is required to secure your spot in my schedule. Work will not commence until this has been received. The remainder of the payment will be split up into weekly or fortnightly slots that are automatically debited from your nominated bank account until your balance has been settled. Your preference for these payment allocations will be discussed prior to work commencing and noted on your invoice. The average timeframe to cover these payments is 4-6 weeks, but special circumstances can be discussed, if needed.
My invoices are issued electronically. My payment terms for the initial payment are 7 days from the date of invoice issue.
My standard studio hours are 10am-6pm AWST Monday-Friday (excluding WA public holidays). Please keep this in mind when getting in touch after hours or over the weekend. I will endeavour to get back to you as soon as possible.
My preferred method of contact is via email (for speed and convenience), however in-person and/or phone consultations are also available. The latter two will be charged at a rate of $30 per half hour. Initial consultations are complimentary (yay!).
All correspondence regarding your project (including agreements, pricing, quotes, requests for changes and alterations) will be required in writing, hence my preference for email. If they have been discussed verbally, I will email you a summary for confirmation to ensure that all of the facts are correct before proceeding. This prevents any mistakes being made from mis-heard instruction and allows us both to refer back to our conversations if required.
Unless otherwise discussed, communication between both parties is to be in a timely fashion. You can expect to hear back from me with updates (or an estimate timeframe of when to expect them) on average within 1-3 business days of contacting me with revisions. I would ask that you extend the same courtesy back with your feedback time to maintain that projects remain on schedule.
Projects that have exceeded 14 days without any client response will be placed on hold with the original estimated completion deadline now null and void, and a $75 rescheduling fee may be applied at my discretion to resume work at my next earliest convenience.
If required for use in your project (I will inform you of the file types required at the start of a project), you should supply graphic files in an editable, vector digital format and photographs in a high resolution digital format. If you choose to buy stock images, I can suggest stock libraries. If you’d like me to search for and purchase images for you, I can provide a separate estimate for that on top of the design work.
It is your responsibility as the client to supply all copy text and information to be used in your design exactly as you want it to be written. Be sure to spellcheck and proof-read for any grammatical errors or incorrect information before submitting anything for inclusion in the design (and again for every design revision. Approval of these revision rounds are considered final.)
CHANGES AND REVISIONS
I don’t want to limit your ability to change your mind. Each project will be priced according to the work involved and have a set amount of concepts/revision rounds included. If you have exhausted all of your allocated concepts/revision rounds but still wish to have more, extras of each can be arranged at an hourly rate that will be added to your final invoice. Please be aware that work beyond that already quoted will also add extra time on to the project and therefore also affect deadlines.
INTELLECTUAL PROPERTY RIGHTS
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good self, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.
I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property.
Provided you’ve paid for the work in full and have not breached these terms in any way, rights to use all approved final design files for their intended use will be granted. This does not include or allow the use of any unused or unapproved concepts or revisions created throughout the design process. The rights to these works are retained by myself.
For logo design, full copyright of the final artwork will be transferred to you and the original working files (.EPS) will be included in your package should you be required to provide them for further branding work or use. Unless specifically requested prior to the project commencing for all other design work (eg: posters, flyers, banners, web graphics etc), you will not receive the original, editable working files…but you will be supplied the finished, high-resolution print and/or screen ready files as required for your specific project. The original design files require specialty design software to edit and will incur a release fee, should you wish to purchase them from me.
DISPLAYING MY WORK
Everybody loves to show off once in a while, but I kindly ask that you do not publish or share work done on your project until job completion (You can shout about it from the rooftops after it’s done!). You must properly credit me as the designer of my work, and not mislead others to believe the work was completed by anyone else (yourself included). It is not a necessity to do so, but a small link crediting me on websites or social media alongside the work on display would earn you some major brownie points! Mmmm….brownie.
I reserve the right to display all aspects of our creative work together, including sketches, work-in-progress designs and the completed project for self promotion, portfolios and galleries.
Should you wish to cancel a project once it has started, all payments made by that point will be non-refundable and act as a cancellation fee to cover my time already spent developing concepts, designing and purchasing resources to be used in the project. All rights to concepts and work created so far will remain with me, unless otherwise agreed in writing.
If I am forced to cancel the project myself due to unlawful, unprofessional or abusive conduct by you (please, don’t be that guy!), all payments made by that point will be non-refundable with a minimum of 50% of the total invoice being due as the cancellation fee, the final amount being in relation to the percentage of work completed thus far on your project. Your automatic bank debits will continue until you have reached at least this point. The rights to all artwork created so far will remain with me.
If you believe that you can happily comply with everything you’ve read here, well done! You’re officially awesome! Let’s get designing…