Terms and Conditions of Service
Below is Caitlin’s Illustration standard Terms and Conditions. Please take time to read through the Terms and Conditions thoroughly and ensure you understand them before you commence a project. By requesting designs and/or services from Caitlin’s Illustration, 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 Caitlin’s Illustration, unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork).
2. These Terms and Conditions are subject to change without notification by Caitlin’s Illustration.
Original Visual Brief, Variations and Guarantee
4. Caitlin’s Illustration and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Visual Brief) will be constructed through the collection of designs. 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. Set number of revisions to Artwork is included in the original Visual Brief.
7. Caitlin’s Illustration will not charge for 2 revision rounds of Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided). Multiple Artwork changes are allowed within a round.
8. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $60 per hour, billed in 15 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
Quotations
9. Quotations are generated by Caitlin’s Illustration on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
10. All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.
Payment
11. Caitlin’s Illustration 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 Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
12. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from Caitlin’s Illustration.
13. Caitlin’s Illustration will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. Caitlin’s Illustration reserves the right to not proceed with these services until payment has been received in full from the Client.
14. Caitlin’s Illustration 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)
15. Caitlin’s Illustration reserves the right to invoice for work completed if the project exceeds 60 days.
16. Caitlin’s Illustration reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.
17. All prices quoted on t Caitlin’s Illustration web site and advertising material include delivery and exclude GST.
18. All payments are to be made within 30 days of invoicing.
19. Caitlin’s Illustration 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.
20. Caitlin’s Illustration reserves the right to delete web sites with accounts more than 90 days outstanding payment.
Cancellation and Variation Policy
21. Caitlin’s Illustration reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).
22. If the Client requests the cancellation of a Contract, Caitlin’s Illustration 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.
a) If the determined monies payable is less than the deposit paid, a refund will be issued by Caitlin’s Illustration to the Client for the difference.
23. Caitlin’s Illustration 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. Caitlin’s Illustration 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 Company to recover all monies owed.
Approving Proofs/ Designs/Printing
24. 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.
a) 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. You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by you or anyone else, or otherwise arising.
Limitation of liability
25. The Client agrees and accepts that T Caitlin’s Illustration is not legally responsible for any loss or damage suffered or incurred related to use of any of Caitlin’s Illustration’s services, whether from amendments, errors or omissions in documents, designs, information or any goods or services we be offered by Caitlin’s Illustration. This includes the Clients use or reliance on any third party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials Caitlin’s Illustration produces, amends or designs is entirely at your own risk, for which we shall not be liable.
26. It shall be the clients own responsibility to ensure that any products, services or information you use meet their specific requirements.
27. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of Caitlin’s Illustration for any such inaccuracies or errors to the fullest extent permitted by law.
Copyright
31. Ownership of copyright over all concepts and draft Artwork remains with Caitlin’s Illustration unless otherwise agreed to in writing. 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.
32. For more information visit http://www.copyright.org.au/information
33. Artwork designed will remain the property of Caitlin’s Illustration until account is paid in full. Upon full payment of account, copyright ownership will be transferred to the Client. Caitlin’s Illustration retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
34. Caitlin’s Illustration does not take any responsibility for Trade marking of any kind. It is the clients responsibility to check trade marking laws and existing Trademarks for availability.