TERMS AND CONDITIONS
Below are Brandsmith Studio’s (the Company’s) standard Terms and Conditions. Please take time to read through these Terms and Conditions thoroughly and ensure you (the Client) understand them before you commence a project with them. By requesting designs and/or services from Brandsmith Studio you agree to my Terms and Conditions and you are aware that you are entering a binding contract - payment is required.
General conditions of contract
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).
These Terms and Conditions are subject to change without notification by the Company.
These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Payment
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.
The company may also request a 50% payment upon receiving concept designs. This will be outlined in your proposal process. If this is part of the process, final payment will be invoiced upon completion of the project.
If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
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.
The Company reserves the right to invoice for work completed if the project exceeds 30 days.
All payments are to be made within 14 days of invoicing unless a contract is agreed upon.
The Client reserves the right to request a payment plan, which may be accepted by the Company at its discretion. All payment plans must be agreed to by both parties in writing.
The Company reserves the right to delete websites with accounts more than 90 days outstanding payment.
Payment is required for any artwork or drafts that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
If payment is overdue, the company will issue a warning before issuing a new invoice including a late payment fee of $50 every fortnight the account is unpaid.
If debt collection is required for unpaid invoices, the Client is responsible for any costs incurred (fees/commissions payable to the debt collectors).
Cancellation and Variation Policy
The Client may cancel their agreement for any reason by providing a minimum of 10 days written notice to Company; any deposit paid prior to cancellation will be non-refundable.
The Company may cancel this Agreement at any time for any reason by providing written notice to the Client. In the event that the company cancels this Agreement, they will provide any artwork completed and paid for to date.
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.
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.
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.
The Company will declare a project completed if no response is received from the 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.
Copyright
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. For more information visit http://www.copyright.org.au/information
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 and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
Approving Proofs/Designs/Printing
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.
The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.
Submission of Client artwork
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.
Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a minimum 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
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.
The Company may require full payment of print jobs before the artwork is sent to print.
When the Company is engaged to manage printing, the Company charges a surcharge to cover time spent sourcing quotes and liaising with printers/suppliers. The Company charges AU45 to manage print jobs up to the value of AU100, AU90 to manage print jobs up to the value of AU1800 and 5% to manage print jobs exceeding AU1800. Prices exclude GST.
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.
Trimming can vary from printer to printer.
Delivery
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.
Website Design
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.
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.
Website Design Post-Completion Alterations
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’).
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.
The Company can be notified of any minor requested changes by email. 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.
Technological advancements
The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.
The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms and Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning and Email Signatures
The Company does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Email errors.
The Company holds no responsibility if your email addresses are targeted with spam as it is outside of our control. The Company holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.
The Company build and design websites to the best of their knowledge at the time of completion. The Company cannot take responsibility if the Client’s site is "hacked". The Company does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Company 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.
Content Management Systems (CMS)
CMS websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to the Company are the responsibility of the site owner.
Websites are built using the latest software available at the time. All website terms and conditions also apply to CMS.
The Company does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of the Company.
The Company does not hold any responsibility for misuse of the CMS or website.
The Company does not back up web site content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their web site.
Force Majeure
The Company shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, natural disasters, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Amendments to these Terms and Conditions
All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of the Company prior to the commencement of work.