Terms and Conditions
The fine print
TERMS AND CONDITIONS
The following terms have been tailored to protect both the client and myself during a working relationship. They are current as at 1 Janurary 2020..
All Quotes are provided free of charge and are valid for 28 days from the date of issue. Quotes that are not accepted within 28 days may be subject to amendment. All quotes are priced in Australian Dollars.
Additional work which is outside the original scope and not provided for in the original quote is charged at an additional rate of $80 per hour.
2. PROJECT COMMENCEMENT AND DEADLINES
The project will commence once the client has accepted the quote in writing. Deadlines must be agreed upon in writing prior to project commencement and I will make every effort possible to adhere to them. However, I cannot be held accountable if deadlines are not met due to the client not providing assets or sign-off on drafts in a reasonable time when requested.
3. CLIENT SIGN OFF
The client is required to sign off on each stage of the terms of the project before work commences. Any changes after work is signed off will be deemed a change of scope and charged above the original quote accordingly.
4. SUPPLIED IMAGES
I cannot use images that violate copyright or are low resolution/quality. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes.
5. INVOICING AND PAYMENT
An invoice will be issued to the client for all work completed. All invoices are payable within 14 calendar days of date of issue, unless otherwise agreed.
If, after the project has commenced, subsequent invoices are not paid within 15 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 28 day period until the full amount has been received. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 15 calendar days of date of issue.
6. RIGHTS AND OWNERSHIP
All services provided by the consultant shall be for the exclusive use of the client other than for my portfolio use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the consultant for this project shall be granted:
Client to gain full transferable rights to images and video.
Client to gain full license to reproduce works through commercial printers.
Client to gain full license to use motion graphics online or broadcast.
Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.
Third party contracts: I may sub-contract other creative professionals to provide services such as photography and video editing. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed within the initial quote. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement unless requested by the client at a later date.
No working files (such as Adobe Illustrator, After Effects and Photoshop files) will be released or supplied. They will be securely backed up and stored to be retrieved at a later date if another contract is entered into with the client.
I can be reached by phone, SMS or email from Monday to Friday between 8.30am and 6pm AEST.
8. WORKING HOURS
I work between 8.30am and 6pm AEST, Monday to Friday. Any work requested outside these times or on public holidays will incur an after hours rate of $150 per hour.
If after project commencement client communication (face-to-face, phone, or email) stops for a period of 90 days, I can cancel the project in writing, and ownership of all copyrights shall be retained by me. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost.
If after project commencement the client cancels the project in writing, a fee for work completed to that date will be paid by the client.
The client shall inform me in writing before the project commences if any portion of any material or information provided by the client or any portion of the project is confidential.
The client agrees to indemnify and hold harmless the consultant from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the consultant.
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn and work.