Please take time to read through my Terms and Conditions thoroughly and ensure you understand them before you commence a project with me. By requesting designs and/or services from Ann Roberts Graphic Design you agree to our Terms and Conditions and you are aware that you are entering a binding contract - payment is required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Ann Roberts Graphic Design (the Sole trader) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
These Terms and Conditions cover all Contracts entered into by a Client with the Sole trader for services relating to design, printing, copy writing, visual media, web sites, brand identity, illustrations,images and photography (Artwork)
Original Brief, Variations and Guarantee
The Sole trader and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A Brief will be constructed along with collection of logos and any corporate identity or brand design elements. This will assist in the evaluation and formulation of the client’s business design requirements.
If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required within 14 days of invoicing. The length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.
The Sole trader will not charge for additional revisions of Artwork provided that the Client’s requests for revision conform to the original brief and are communicated within the agreed timeline (if provided).
Any additional work, revisions or variations outside of the original brief will be charged at the rate of $85 per hour, billed in 30 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
Quotations are generated by the Sole trader on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
Design rates as of 01.07.2018 are charged at $90 per hour unless otherwise quoted, fixed rate for client meeting (up to two hours) $120. The sole trader reserves the right to charge a 50% per hour surcharge for work required after hours (9am-5pm weekdays) to meet deadlines if the delay was due to client failure to supply or proof files, or late request of changes.
A minimum change fee $60 applies to small edits and file changes requested by the client, that take less than 30 mins.
The Sole trader 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 Sole trader, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Sole trader, the Client is accepting the Terms and Conditions and entering a contract with the Sole trader.
If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Sole trader.
The Sole trader reserves the right to invoice for work completed if the project exceeds 60 days.
The Client reserves the right to request a payment plan which may be accepted by the Sole trader at its discretion. All payment plans must be agreed to both parties in writing.
All payments are to be made within 7 days of invoicing.
The Sole trader 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 7 days.
The Sole trader reserves the right to delete web sites with accounts more than 90 days outstanding payment.
Cancellation and Variation Policy
The Sole trader reserves the right to charge additional costs if the client requests amendments to the original brief, the original project outcome is altered or further artwork is requested.
If the Client requests the cancellation of a Contract, The Sole trader 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 Sole trader to the client for the difference.
The Sole trader 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 Sole trader 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 Sole trader to recover all monies owed.
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, contact details, 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
The Sole trader will do our best to check and flag any artwork supplied by the client for issues, this includes logos, other files and images supplied by the client for design purposes however;
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 Sole trader is not responsible for artwork mistakes supplied by the client. The Sole trader is also not liable for supplied file errors.
It is the Client’s responsibility to ensure that any artwork, images, files and text submitted does not violate Australian copyright laws. The Sole trader 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.
Ownership of copyright over all concepts and draft artwork remains with the Sole trader. 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 copyright.org.au
Artwork designed will remain the property of the Sole trader until account is paid in full.
Upon full payment of account, copyright ownership will be transferred to the Client. The Sole trader retain rights to utilise artwork and all design elements for portfolio and self-promotion.
The client agrees and gives permission that designs may be used for, and included in the portfolio, social media and public web site of Ann Roberts Graphic Design for promotion purposes.
Please note that 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 and variation in paper stocks.
The Sole trader does not take responsibility for printer turn around times or delivery after final artwork has been passed onto the agreed printing company or any errors or inconsistencies made by the printing company, or stock paper choices made by the client.
It is advised that the client backs up all copies of final artwork and logo design files as provided.
The Sole trader builds web sites according to the trends of SEO at the time of building. We will help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client.
The Sole trader cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases, for duplicate content found on the Clients website or if the website is search engine black listed due to the written content or images of their site
The Sole trader builds and design websites to the best of their knowledge at the time of completion. The Sole trader cannot take responsibility if the Client’s site is “hacked”. The Sole trader does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Sole trader 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.
The Sole trader 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