terms & Conditions
Introduction
These Terms and Conditions (“Agreement”) are entered into by and between Isaac Cheng (“Company”) and the client (“Client”, “You”) for graphic design services. By engaging my services, you agree to the terms outlined below.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
2. These Terms and Conditions are subject to change without notification by the Company.
3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Visual Brief) will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the Client’s business design requirements.
5. The project includes 3 rounds of revisions. Any additional revisions will be billed at an hourly rate of $120 per hour.
6. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $120 per hour, billed in 15 minute increments. Additional expenses will be charged accordingly
Quotations
7. Quotations are generated by the Company on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
8. All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.
Payment
9. The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
10. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
11. The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
12. The Company reserves the right to invoice prior to the time detailed in clause (10) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (17)
13. The Company reserves the right to invoice for work completed if the project exceeds 60 days.
14. All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.
15. All payments are to be made within 30 days of invoicing.
16. The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
Cancellation and Variation Policy
17. The Company reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested
18. If the Client requests the cancellation of a Contract, The Company will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
a) If the determined monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference.
19. The Company will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.
Approving Proofs/ Designs/Printing
20. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
Limitation of liability
21. The Client agrees and accepts that The Company is not legally responsible for any loss or damage suffered or incurred related to use of any of The Companies services, whether from amendments, errors or omissions in documents, designs, information or any goods or services we be offered by The Company. This includes the Clients use or reliance on any third party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials The Company produces, amends or designs is entirely at your own risk, for which we shall not be liable.
22. It shall be the clients own responsibility to ensure that any products, services or information you use meet their specific requirements.
23. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of The Company for any such inaccuracies or errors to the fullest extent permitted by law.
Submission of Client artwork
24. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.
25. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
26. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
Copyright
27. Ownership of copyright over all concepts and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
28. Artwork designed will remain the property of the Company until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. Upon full payment of account, copyright ownership will be transferred to the Client. The Company retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
29. The Company does not take any responsibility for Trade marking of any kind. It is the clients responsibility to check trade marking laws and existing Trademarks for availability.
Printing
30. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days dependant on the product type. This period commences at date of Client approval of Artwork proof and payment.
31. All time quotations are an estimate and are based on calendar working (business) days. No quoted printing, Artwork and delivery dates are guaranteed and can vary.
32. With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system.
There will be no reprints at our expense.
Delivery
33. The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
Web Site Design
34. The Client agrees to allow the Company to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.
35. The Client also agrees to allow the Company to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes., unless agreed to by both parties in writing beforehand.
Web Site Design Post-Completion Alterations
36. Upon completion of web site build, the Company will provide the Client with opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).
37. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
38. The Company can be notified of any minor requested changes by e-mail. The Company will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.