T & C's
Terms and Conditions
1. The Client Designer agreement continues until the Designer completes the Services or the agreement is terminated
2. Any upfront payment paid to the Designer providing the Services, is strictly non-refundable.
The Designer will be reimbursed for all out of pocket expenses incurred by providing the service.
3. All copyright in the Works remains the property of the Designer until all Fees have been paid in full.
The Designer agrees, upon full payment of the Designer’s Fee by the Client, to assign to the Client all right, title and interests in the copyright in the Works, excluding, screenplays, and character lists, designs that are rejected by the client and source files.
4. The Client licenses to the Designer the right to reproduce the Works for the purposes of:
Promoting the Designer’s skills and services, including by entering the Works in competitions or design publications relating to professional quality and recognition in the Designer’s industry and display of the Works in the Designer’s portfolio of work, including for the purpose of soliciting new work from third parties.
5. In relation to all materials in which copyright subsists produced by the Designer in the course of providing the Services, the Client agrees that it will not engage in acts or omissions that are contrary to any of the present or future moral rights of the employees of the Designer under Part IX of the Copyright Act 1968 (Cth).
6.The Designer may, licence any original typeface created for use in the Works, and retains all rights in relation to that typeface;
If the Designer is required to use an original typeface belonging to a third party, then the Client must pay any licence fees to the third party and acquire a license to use the typeface.
7. The Client must provide the Designer with clear and concise written instructions in a timely manner to allow the Designer to perform the Services in accordance with the Schedule.
The Designer will deliver the Works to the Client, upon completion of the Works or otherwise in accordance with the milestones set out in the Schedule. Following receipt of the Works the Client agrees within 14 days of delivery to examine the Works and to give the Designer notice of acceptance or rejection of the Works or advise the Designer of the changes or revisions which the Client requires to be made. The Designer will charge all changes or revisions to the Client on a time and materials basis as set out in the Schedule.
8. Work falling outside of the scope of the Services requested by the Client, either orally or in writing, will incur charges additional to the Designer’s Fee. Work falling outside of the scope of the Services includes, but is not limited to:
Additions to the list of Works, alterations to text supplied by the Client for use in the Works, additional drafts required in the provision of the Services, changes to the Client’s instructions or the brief, changes to any of the Works after the Delivery Date, additional consultations and conversion, adjustment or manipulation of images. Where additional work requested outside of the scope of the Services, a Schedule of the additional Services and the additional Works will be added to the schedule as an extended schedule. Urgent work requested outside of the scope of the Services that is required outside of ordinary business hours will be charged at an hourly rate equalling 200% of the Designer’s ordinary hourly fees.
9. The Designer accepts no liability for any loss or damage that may occur to archived work. If the Client requests archived work then the Client must pay the Designer a service charge for those services;
13. The Client will exercise control over the Works. The Designer will exercise reasonable care, honesty and diligence in providing the Services. The Client nonetheless warrants that it is responsible for ensuring that the Works are not contrary to law, including:
Ensuring that the Works do not infringe the copyright or moral right of any person in relation to any material the Client has provided to the Designer, ensuring that the Works do not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate, ensuring that the Works are not by law defamatory of any person, ensuring that the Works are not obscene, blasphemous, offensive or discriminatory and ensuring that the Works do not constitute conduct that is in breach of the provisions of the Competitions and Consumer Act 2010 (Cth) or that gives rise to an action in passing off, including by undertaking trade practices clearances where appropriate;
The Client must ensure that all statements purporting to be facts in the Works are true and correct and that no advice or instructions in the Works will if followed or implemented by any person cause loss, damage or injury to them or any other person;
The Client will use and publish the Works at its own risk.
10. Although the Designer will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding:
Any consequential loss, damage or injury, however it may arise, any punitive, additional or exemplary damages;
If the Designer is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of the Agreement.
11. Either party may terminate the Agreement, by written notice to the other with immediate effect, if:
The other party commits a breach of this Agreement or is in default of any warranty and the defaulting party fails to correct such breach or default within 7 days of receiving notice specifying such breach or default. If the Agreement is terminated under the preceding Clause, the Client agrees to pay the Designer all amounts accrued and owing in accordance with the Schedule within 14 days of that termination.
12. The Designer may terminate the Agreement for any reason whatsoever by giving the Client 30 days’ notice in writing;
If the Designer terminates the Agreement due to a beach from the client then the Client agrees to pay the Designer all amounts accrued and owing in accordance with the Schedule within 14 days.
13. Each party agrees not to disclose to any third party anything about this Agreement or any of its contents unless a third party needs to know the information in order to perform this Agreement;
The Designer agrees that it must not, both during and after the Term, make improper use of the Client’s Confidential Information. The Client agrees that it must not, both during and after the Term, make improper use of the Designers Confidential Information
14. The Designer’s relationship with the Client is that of an independent contractor.
15. The Client agrees that in order to protect the goodwill of the Designer the Client will not employ any person who has been an employee of the Designer until at least 1 year after the delivery date.