Below are Amy Kate (throughout this document will be referred to as AK or the Designer) standard terms and conditions.
Please contact us if you do not understand any of the terms and conditions in this document.
Agreement to work with, submission of a design brief or payment of deposit to AK constitutes agreement to these terms and conditions.
All Quotations are provided by Amy Kate free of charge and are valid for 30 days from the date of issue.
The client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the remaining balance payable prior to delivery, upon completion of work. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by the client this deposit is non-refundable. AK endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by the client, the initial 50% deposit is forfeited. If over 80% of the project has been completed, the client will be invoiced for this amount.
If the work time exceeds 4 calendar weeks in duration, the client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
All printing accounts must be settled in full prior to the release of the files to the printer.
If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
Any and all corrections, changes or amendments to a project must be provided to Amy Kate in writing. Each quotation allows the client three rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the three rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $80 per hour + GST.
Whilst all care is taken by Amy Kate in producing proofs and final artwork, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading. Amy Kate accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.
The client, within 14 calendar days of receipt of each proof, shall notify Amy Kate of any corrections, changes or amendments the client wishes to be made. Should the client fail to contact Amy Kate within 14 calendar days of receipt of proof/s, and notify Amy Kate of any corrections, changes or amendments, or of final proof approval, Amy Kate reserves the right to consider the project finalised, and issue an invoice for payment of work completed.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to AK. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by AK and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice.
If a project is cancelled by AK Design, due to unforeseen circumstances, the deposit for the cancelled items and those items only will be refunded in full to the client in a timely manner.
AK reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.
AK does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, or Photoshop).
AK retains the ownership of copyright in all Works produced by AK which are not ultimately used remains with the AK.
AK also retains copyright in the following:
(i) Draft concepts;
(ii) Working notes and any other internal written materials;
(iii) Preliminary drafts, drawings illustrations, photographs, and designs;
(iv) Preliminary electronic works including website drafts, source code development tools, programs, multimedia applications and programmers’ notes;
(v) Draft videos, sound recordings, outtakes, storyboards, scripts, screenplays, and character lists; (vi) Designs which are rejected by the Client; and
(b) No copyright or any other intellectual property rights in the materials will be licensed to the Client until the Designer has been paid in full all of the Designer’s Fee.
(c) Once the Designer’s Fee is paid in full by the Client, the Designer will licence to the Client copyright in the Works, limited to the purpose and media described in the Services set out in the invoice. The Designer’s Fee is based upon this limited licence of copyright. If the Client requires a more encompassing licence or assignment, this must be the subject of further negotiations between the Client and Designer. An assignment of copyright will only be granted if the Designer provides this in writing.
(d) In all other respects, the Designer retains copyright and all other intellectual property and moral rights (including the right of adaptation) in the Works.
By commencing a project with AK, the Client undertakes and warrants that:
(a) the Client will exercise control over the Works. The Designer will exercise reasonable care, honesty and diligence in providing the Services. The Client nonetheless warrants that it is responsible for ensuring that the Works are not contrary to law, including:
(i) ensuring that the Works do not infringe the copyright or moral right of any person in relation to any material the Client has provided to the Designer;
(ii) ensuring that the Works do not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate;
(iii) ensuring that the Works are not by law defamatory of any person;
(iv) ensuring that the Works are not obscene, blasphemous, offensive or discriminatory; and
(v) ensuring that the Works do not constitute conduct that is in breach of the provisions of the Competitions and Consumer Act 2010 (Cth) or that gives rise to an action in passing off, including by undertaking trade practices clearances where appropriate;
(b) the Client must ensure that all statements purporting to be facts in the Works are true and correct and that no advice or instructions in the Works will if followed or implemented by any person cause loss, damage or injury to them or any other person;
(c) the Client will use and publish the Works at its own risk.
(d) The Client will indemnify the Designer against all claims arising from the Designer’s use of any information or documents supplied by the Client or for any act or thing done by the Designer on the Client’s instructions or with the Client’s approval.
AK retains electronic archives of completed works for a period of no longer than 2 years. If the client requests retrieval and delivery of the works after the term has expired, and AK provides those services, then the client must pay AK a service charge for those services. It is the client’s responsibility to save and store the files supplied by AK.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the client has stated expressly that they do not intend to pay an invoice by AK, unless prior arrangements have been made. AK shall suspend any and all services provided to the client and employ debt collection measures until the total outstanding balance has been fully paid.
AK retains the right to publish and display any client projects in AK’s portfolio, website, design periodicals, and other media or exhibits.
The Client shall indemnify AK in full for all costs, losses either direct or indirect in any way incurred by the Client; and, where any such action by the Client causes loss or damage or liability of any kind howsoever to AK in connection in any way with the Services rendered.
(a) Although the Designer will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding:
(i) any consequential loss, damage or injury, however it may arise;
(ii) any punitive, additional or exemplary damages;
(b) If the Designer is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of this Agreement.
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