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The client-designer relationship is built on transparency and trust. When beginning a project, it's important for both parties to know exactly what to expect from the beginning. The following Terms & Conditions contain important information, as well as the answers to some frequently asked questions.

Standard Agreement

1. Final Work Delivery and License

Upon delivery of Services and Final Payment by the Client, the Designer will grant the Client an exclusive and perpetual License to the Final Work. The Designer can also provide Source Files for an additional fee outside of this scope fee.

 

2. Revisions and Scope

Revisions may be made only by the Designer at the Preliminary Work phase. Project quotes include 1 round of 10 small revisions unless specified otherwise. Additional fees will be charged based on hourly rate for revisions made after the included 1 round, and for additions to project scope.

 

3. Payment Terms

All Work over $250 will be initiated upon a 50% non-refundable deposit unless agreed by Client and Designer. Work under $250 will be initiated upon 100% upfront payment. Working hours are between 9:00am – 5:00pm on weekdays. After-hours work will have a 100% surcharge. Rush work during typical office hours with a deadline under 24 hours will have a 50% surcharge. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement.

 

4. Timelines

In the  event that delays of 2 weeks or more occur, which are not due to any act of default on the part of the Designer, the Designer reserves the right to require  progress payments for the remaining duration of the project. The Designer reserves the right to consider project inactive and bill for work completed after four weeks of Client unresponsiveness. Projects put on Client hold for more than 4 weeks will be considered inactive and billed for work completed. Should the Client wish to restart the project, a restart fee will be charged.

 

5. Cancellation

In the event of Cancellation, the Designer will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the Work revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.

 

6. Credits and Promotion

Designer reserves the right to include the completed Work in their portfolio.

 

7. Preliminary Works

Designer retains all rights in and to all Native Files and Preliminary Designs. Client shall return all unused Preliminary Work to Designer within 30 days of completion of the project and all rights in and to any Preliminary Work and/or Source Files shall remain the exclusive property of Designer unless agreed otherwise.

 

8. Permissions and Releases

The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

 

9. Miscellaneous

This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing agreed upon by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through the Australian Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Queensland and courts of such state shall have exclusive jurisdiction and venue.

Retainer Agreement

1. Overview

By agreeing to these Terms, the Client retains the Designer to proceed with graphic & web design services for the initial period of 3 months from first payment (further work will be agreed on after our initial 3 months), and the Client agrees to the terms and conditions as set forth in these Terms.

During this period, the Designer agrees to devote the agreed upon amount of hours per month on assignments to be determined by Client. Hours paid for must be used within the month or they will be forfeit. Work will normally be performed at the office of the Designer. Work priority and scheduling will be at the discretion of the Client. Work will normally occur between the hours of 9:30am to 5pm on weekdays.

2. Payment

Payment for these services will be to the Designer at the rate of the chosen Package per month. Once the 3 months is reached, if the Client wishes to continue, a new subscription will be set up for the agreed Package.

Design services in addition to hours per month will be made available by the Designer at the standard hourly rate and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: printing, fonts, stock imagery, software or website plugins.

3. Description of Design Services

The retainer agreement includes everyday tasks such as digital, print, social media, website maintenance, and other smaller-scale tasks. Larger projects, such as a new website design, complete redesign or logo creation may be billed separately.

All materials furnished by the Client will remain the property of the Client and will be returned upon request, or no more than 10 days from the termination of this agreement.

The results of any and all work performed by the Designer for Client, including original creative work (with the exception of graphics or programs that may be licensed to you by their creators), will remain the property of the Client. The Client may use this material in any way deemed appropriate.

4. Termination

This agreement may be terminated on 15 days’ written notice by either the Designer or the Client. In case of termination, the Designer shall make a reasonable attempt to finish work in progress. All materials furnished by the Client will remain the property of the Client and will be returned upon request, no more than 15 days from the termination of this agreement. Termination during the retainer’s execution will result in forfeiture of all payments received to date, and any unpaid invoices will be paid immediately.

Get in touch!

I'm a Brisbane-based graphic designer who specialises in branding, logo design and illustration. I create bold, clean, colourful work to showcase your brand's identity and make you stand out.

Ready to work together? Let's talk!

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