TERMS & CONDITIONS | covet-creative

Below is Covet Creative Graphic Design standard Terms and Conditions.

Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Covet Creative Graphic Design, you agree to our Terms and Conditions and you are aware that you are entering a binding contract and payment is required.

The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (The Client) engaging the services of Covet Creative Graphic Design, unless otherwise agreed to in writing by both parties.

General Conditions of Contract

These Terms and Conditions cover all Contracts entered into by The Client with Covet Creative Graphic Design for services relating to design, printing, copywriting, visual media, social media, brand identity, illustrations, images and photography (Artwork).

These Terms and Conditions are subject to change without notification by Covet Creative Graphic Design.

These Terms and Conditions apply to Covet Creative Graphic Design and all of its contractors and subsidiaries.

Commencement of Work
Acceptance of quote/proposal (either verbally or written) that you (The Client) has received from Covet Creative Graphic Design constitutes agreement to these terms and conditions.

Ongoing Contract Terms
All contracts are ongoing and the Contract Terms cover any work completed on this project or any work thereafter. If The Client notifies Covet Creative Graphic Design of termination in writing, the ongoing contract will cease as per the Termination Policy. Otherwise, the contract will remain in force under the same terms for an ongoing period.

Fees for Service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the additional work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.

Payment

The Client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. Covet Creative Graphic Design endeavours to provide graphic design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.

If the work time exceeds 4 calendar weeks in duration, The Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

All printing accounts must be settled in full prior to the release of the files to the printer.

Accounts which remain outstanding for 14 days after the due date of the invoice may result in suspension of the project. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

Additional Work

This is defined as any work involving additions to the list of items defined in the Project Proposal/Quotation or changes to all pieces of finished artwork after sign-off by an authorised representative of The Client.

From time to time The Client will require extra design requirements during a project, or extra files upon completion of a project. The Client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If The Client wishes these alterations to be made they must agree in writing, and will be charged the Covet Creative Graphic Design hourly rate.

Additional designs not initially quoted for requested during the design process will have additional costs added to the final invoice, payable prior to delivery of the project.

Urgent work requested outside of the scope of the Services which is required outside of ordinary business hours or to the detriment of concurrent work for other clients will be charged at an hourly rate equalling an additional 25% of Covet Creative Graphic Design ordinary hourly fees as set out in the quotation.

Publication and/or release of work performed on behalf of the client by Covet Creative Graphic Design may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if The Client terminates the contract, after work has commenced.

Resending Completed Files

If a client loses or accidentally deletes the files delivered by Covet Creative Graphic Design at the completion of the project, Covet Creative Graphic Design can re-send files for a fee equivalent to the Covet Creative Graphic Design hourly rate.

Approval of Final Artwork

While Covet Creative Graphic Design takes all care to avoid errors, Covet Creative Graphic Design accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by The Client’s proof reading.

Print – Returns and Refunds

It is agreed that Covet Creative Graphic Design is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval must be given in writing), committed to print or posted in view of the public. Covet Creative Graphic Design will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the client to notify Covet Creative Graphic Design of any such errors during the revision cycle and before the final files have been generated. As with all print projects, payment for re-printed projects MUST be prepaid.

Print – Colour Variations

With all printing, there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense ofCovet Creative Graphic Design.

In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Covet Creative Graphic Design until such time an agreement is in place.

Covet Creative Graphic Design retains full ownership of design concepts and materials it produces. Only finished art files suitable for reproduction will be supplied to The Client. Raw/working/source files remain the property of Covet Creative Graphic Design unless otherwise negotiated. ‘Finished artwork’ is as defined in the proposal/quotation and is dependant on the scope of work. Raw/working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.

Once a concept is approved, finished artwork is delivered to a client and full payment is received, the agreed ownership rights to the finished artwork transfer to the client. Unused concepts remain the property of Covet Creative Graphic Design and includes design proposals and concepts submitted but not approved for the work outlined.

Until final payment Covet Creative Graphic Design retains ownership of all artwork and website architecture. Covet Creative Graphic Design reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.

Covet Creative Graphic Design reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of Covet Creative Graphic Design all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. For additional usage, price will be assessed and quoted as needed.

Covet Creative Graphic Design reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Covet Creative Graphic Design in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Termination Policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Covet Creative Graphic Design. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Covet Creative Graphic Design and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at the Covet Creative Graphic Design hourly rate.

If a project is cancelled by Covet Creative Graphic Design, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Covet Creative Graphic Design.

Liability and Litigation

It is agreed that all work and materials provided for The Client by Covet Creative Graphic Design will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that Covet Creative Graphic Design indemnify and hold The Client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of The Client or its employees, and it is agreed that we shall notify The Client in writing of full details of any such claim.

Under no circumstances shall Covet Creative Graphic Design be liable to The Client for an indirect or consequential loss suffered by The Client relying on the information included in the Supplies prepared by Creative Minds including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out-of-sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Confidentiality

It is agreed that employees of Covet Creative Graphic Design shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.

Late Payments and Default
An account shall be considered in default if it remains unpaid for 30 days from the due date of the invoice or The Client has stated expressly that they do not intend to pay an invoice by Covet Creative Graphic Design, unless prior arrangements have been made. Covet Creative Graphic Design shall at its sole discretion suspend any and all services provided to the client by Covet Creative Graphic Design or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

The Client whose account is in default agrees to pay Covet Creative Graphic Design reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

Covet Creative Graphic Design retains all copyright for work performed until full project costs have been paid. Covet Creative Graphic Design reserves the right to reuse or resell work undertaken in the case of payment default.

Amendments to these terms and conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by The Client and signed by an authorised representative of Covet Creative Graphic Design prior to the commencement of work outlined in this submission.

Force Majeure

Covet Creative Graphic Design shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Covet Creative Graphic Design including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, breakdown of plant, theft, vandalism, riots, civil commotions, accidents, sickness of any kind or act of terrorism.

Disclaimer

Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Covet Creative Graphic Design take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, Covet Creative Graphic Design cannot be held responsible for variations between expectation and outcome.