Terms and Conditions

Studio: Tiffany Gouge Service agreement

Below are Studio: Tiffany Gouge’s 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 Studio: Tiffany Gouge you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.


Terms and Conditions – Studio: Tiffany Gouge

The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (CLIENT/S) engaging the services of Tiffany Gouge T/A Studio: Tiffany Gouge (DESIGNER).

GENERAL CONDITIONS OF CONTRACT

1.   These Terms and Conditions cover all Contracts entered by a Client with the Designer for services relating to graphic design and brand identity.

2.   These Terms and Conditions are subject to change without notification by the Designer.

3.   These Terms and Conditions apply to the Designer and all of its contractors and subsidiaries.

ORIGINAL DESIGN BRIEF, VARIATIONS AND GUARANTEE

4.   The Designer and the Client will attend an initial consultation, via phone or skype at no charge to the Client. A design brief will be constructed through the collection of information and prior designs (if applicable) via the Designers online design brief. This will assist in the evaluation and formulation of the Client’s business design requirements.

5.   If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.

6.   The Designer does not offer a set number of revisions to logo Artwork under the original Design Brief.

  • The Designer will not charge for additional revisions of logo Artwork provided that the Client’s requests for revision conform to the original Design Brief and are communicated within the agreed timeline (if provided).

7.   Any additional work, revisions or variations outside of the original Design Brief will be charged at the rate of $120 per hour, billed in 15-minute increments. All prices exclude GST. Additional expenses will be charged accordingly.

QUOTATIONS

8.   Quotations are generated by the Designer on the basis of the Design Brief and expected time investment. Quotations may be subject to change if additional work is required.

  1. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted artwork or project delivery dates are guaranteed and may vary.

PAYMENT

9.   The Designer 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 Designer, an invoice will be generated and delivered to the client via email and payment is expected before the commencement of the Client’s project. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Designer.

10. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Designer. 

11. The Designer will invoice the Client for the remaining cost of the Artwork and associated services prior to the supply of final project files. The Designer reserves the right to not supply the Client with final artwork files until payment has been received in full from the Client.

12. The Designer reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable/unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (19)

13. The Designer reserves the right to invoice for work completed if the project exceeds 30 days.

14. The Client reserves the right to request a payment plan which may be accepted by the Designer at its discretion. All payment plans must be agreed to both parties in writing.

15. All prices quoted on the Designer’s web site and advertising exclude GST.

16. All payments are to be made within 7 days of invoicing.

17. The Designer 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 30 days.

CANCELLATION AND VARIATION POLICY

19. The Designer reserves the right to charge additional costs if the Client requests amendments to the original Design Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).

20. If the Client requests the cancellation of a Contract, The Designer 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 Designer to the Client for the difference.

21. The Designer will declare a project completed if no response is received from Client within 14 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Designer 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 Designer to recover all monies owed.

APPROVING PROOFS/DESIGNS/PRINTING

22. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, 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 supplied to the client as a print-ready file or submitted for prints with an external supplier in accordance with the client’s project. There will be no reprints at our expense.
  • Artwork source files (working files) will be issued upon client request, for an additional fee paid by Client. Any file fixes and adjustments will be made at the client’s expense.  Studio: Tiffany Gouge reserves the right to any future work on files once supplied to Client.

SUBMISSION OF CLIENT ARTWORK

23. 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 with an external supplier as requested however the Designer is not responsible for Artwork mistakes. The Designer is also not liable for supplied file errors. There will be no reprints at our expense.

24. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.

25. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Designer 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.

COPYRIGHT

26. Ownership of copyright over all concepts and draft Artwork remains with the Designer. 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 http://www.copyright.org.au/information  

27. Artwork designed will remain the property of the Designer until the account is paid in full.  Future re-print requests of the same Artwork will only incur a print management fee.

28. Upon full payment of the account, the copyright ownership will be transferred to the Client. The Designer retains rights to utilise Artwork and all design elements for portfolio/self-promotion.

PRINTING

29. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days, plus the time for delivery, dependant on the product type. This period commences at the date of Client approval of Artwork proof and payment.

  • 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.

30. 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. There will be no reprints at our expense.

DELIVERY

31. The Designer cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.

FORCE MAJEURE

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

AMENDMENTS TO THESE TERMS AND CONDITIONS

33. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of The Company prior to the commencement of work.

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