By commencing a project with Dunshea Designs you agree to the following clauses;
INTERPRETATION
1.1 Customer is referred to as Client.
1.2 “Client” means any person who purchases Services from Dunshea Designs.
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document.
SCOPE OF WORK
2.1 The scope of work is as per provided brief and subject to the same assumptions. Should the scope of work change in any way, this quote is subject to revision and additional work will not be undertaken until the Client has approved the revised quote.
2.2 New work requested by the Client and performed by Dunshea Designs after a proposal/quote has been approved is also considered out of scope. If the job changes to an extent that substantially alters the specifications described in the original quote, Dunshea Designs will submit a revised quote to the Client, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s corrections and other copy changes requested after layouts or designs are completed will be invoiced at the standard hourly rate of $90AUD per hour plus GST.
QUOTES
3.1 The fees and expenses shown are quotes only. Client approval shall be obtained prior to any increases in expenses that are considered out of scope.
3.2 The invoice will reflect actual costs incurred. Client requested changes will be itemised and invoiced additionally.
3.3 Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, hard-copy proofs, stock imagery, delivery or courier service. Expenses are itemised on each invoice.
PAYMENT
4.1 All invoices are payable within 14 days of receipt.
4.2 The grant of any ownership or right of copyright is conditioned on receipt of full payment.
4.3 Dunshea Designs reserves the right to suspend work or withhold artwork should the Client be in breach of a prior payment or progress payment until such time when the Client pays.
4.4 Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
4.5 Client agrees to pay Dunshea Designs in accordance with the specifications of each quote or invoice.
4.6 If Client does not make payment within 14 days of invoice due date, a new invoice will be sent from Dunshea Designs to the Client with a late fee added of 15%.
4.7 If payment still has not been made after 28 days of original invoice due date, another invoice will be sent from Dunshea Designs to the Client with a late fee added of 30% as well as a letter of demand from my Legal Firm. If this is the case, another line item will be added to the invoice to cover the cost Dunshea Designs incur from their Legal Firm.
PROJECT DEADLINES
5.1 Project deadlines will be established and adhered to by both Client and Dunshea Designs, provided that neither shall incur any liability, penalty or additional cost due to delays caused by causes beyond the control of the Client or Dunshea Designs. Where project deadlines are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
CONFIDENTIALITY AND OWNERSHIP OF MATERIAL
6.1 All work undertaken by Dunshea Designs shall be confidential, until such time as the material becomes available in the public domain.
6.2 All design, artwork and websites created by Dunshea Designs, remains the right of Dunshea Designs. If the Client wishes to use design work for another purpose or project, including a reprint or exhibition, the Client must contact Dunshea Designs to arrange the additional licenses or fees before proceeding. All Trademarks remain the property of the Client.
6.3 Dunshea Designs reserves the right to photograph and/or distribute or publish for fair use any work Dunshea Designs has created or worked on for the Client, including mock-ups and presentations, as samples for Dunshea Designs portfolio and promotional requirements.
6.4 Dunshea Designs agrees to store project data for a period of 12 months beyond the delivery of a job. Thereupon, Dunshea Designs reserves the right to purge any records or data.
CANCELLATIONS, ERRORS AND OMISSIONS
7.1 Should the Client be unable to keep their commitment and the above project is cancelled or postponed indefinitely, the Client shall be liable to reimburse Dunshea Designs in full for any work done up to that point by Dunshea Designs.
7.2 If you select your own vendors, other than those recommended by Dunshea Designs, you may request that Dunshea Designs coordinates their work. If at all possible, Dunshea Designs will attempt to do so, but Dunshea Designs cannot in any way be held responsible for quality, price, performance or delivery.
7.3 It is the Client’s responsibility to check proofs carefully for accuracy, ranging from spelling to design details. Dunshea Designs is not liable for errors or omissions. Client approval or that of your authorised representative is required on all artwork prior to release to printers, developers, online availability in the public domain or other suppliers and service providers.
CODE OF PRACTICE AND LIABILITY
8.1 The Client and Dunshea Designs agree to comply with the provisions of the Code of Practice.
8.2 Client agrees that it shall not hold Dunshea Designs liable for any incidental or consequential damages that arise from Dunshea Designs’s failure to perform any aspects of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Dunshea Designs or a third party.
8.3 Dunshea Designs will take all reasonable precautions to safeguard the property you entrust to them. In the absence of negligence on Dunshea Designs’s part, however, Dunshea Designs is not responsible for loss, destruction or damage or unauthorised use by others of such property. Dunshea Designs will use their best efforts to ensure quality and timely delivery of all pieces. Although Dunshea Designs will use their best efforts to guard against any loss to you through the failure of their vendors, media, or others to perform in accordance with their commitments, Dunshea Designs is not responsible for failure on their part.
ACCEPTANCE OF TERMS
9.1 By commencing a project with Dunshea Designs or entering into correspondence with Dunshea Designs post the receipt of this document, you agree to the above terms and conditions and to the price/s on the Quote.