All the legal things
Before we get into the fun and exciting things – we have to get through the less fun things, like agreements and legal things.
Commencement of Work
Acceptance of quote or proposal from Kobi J constitutes agreement to these terms and conditions.
Fees for Service
It is agreed that the fee for service shall be the cost estimate provided via email, unless work undertaken exceeds work outlined.
If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the additional work, outside the scope of the original agreement, the client will be notified of increases in the scope of the project before work continues.
The Client agrees where requested to pay a 50% deposit of the quoted amount to commence the design project, with the balance payable prior to delivery.
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.
Kobi J endeavours to provide graphic and web 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 deposit (when required) is forfeited, plus a fee for the work already completed.
The Client agrees to pay the remaining amount at the conclusion of the project.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced.
This is defined as any work involving additions to the list of items defined in the Original work request, Quotation or changes to all pieces of finished artwork after sign off by an authorised representative of The Client.
From time to time The Client will require extra design requirements or changes during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate and at which case an updated quote OR an additional fee will be quoted.
Additional work requests will follow the same payment agreements, where if a deposit is required before work The Client will be informed.
Urgent Work Requests
Urgent work requested outside of the scope of the services or which is required outside of ordinary business hours or to the detriment of concurrent work for other clients may be charged with an Out of Hours additional fee which will be quoted to The Client.
Resending Completed Files
If a client loses or accidentally deletes the files delivered by Kobi J at the completion of the project, Kobi J can re-send files however a fee of $50 per request (plus GST if applicable) may be applicable.
Approval of Final Artwork
While Kobi J takes all care to avoid errors, Kobi J accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.
The Client is to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation.
No refunds are given after a final approved design has gone to print due oversights by The Client’s proof reading.
Print Returns and Refunds
It is agreed that the Kobi J is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public.
Kobi J will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify of any such errors during the revision cycle and before the final files have been generated.
Print – Colour Variations
With all printing there may be some colour variations from what you have seen on screen (RGB to CMYK), to what the final product looks like in print, or through previous print. This is due to the nature of CMYK printing and bulk-run printing system.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Kobi J until such time an agreement is in place.
Kobi J retains full ownership of design concepts. Only finished art files suitable for reproduction will be supplied to The Client.
It is understood that any files The Client supplies (Logos, Print, & working files) to Kobi J are owned by and The Client has full Copyright of these items.
Working/source files remain the property of Kobi J unless otherwise negotiated. ‘Finished artwork’ is as defined in the proposal/quotation and is dependant on the scope of work.
Working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.
Once a concept is approved, finished artwork is delivered to a client and full payment is received, the agreed ownership rights to the finished artwork transfer to the client. Unused concepts remain the property of Kobi J and includes design proposals and concepts submitted but not approved for the work outlined.
Until final payment Kobi J retains ownership of all artwork and designs. Kobi J reserves the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
Kobi J reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Kobi J all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. For additional usage, price will be assessed and quoted as needed.
Kobi J reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Kobi J in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
GRAPHIC DESIGN RETAINER DETAILS:
- The types of work included in your retainer are discussed with you prior commencing with the retainer. As different types of works are unique to different retainers.
- At the end of 3 months, we will re-evaluate the retainer you are to ensure the number of hours are fitting your business needs.
- Each retainer includes a set number of hours each month – the quoted retainer price per hour will be quoted to you prior to commencing.
- Unused hours will expire. Kobi J does their best to make sure you stay up-to-date on the status of your retainer hours, but ultimately it’s your responsibility to make sure they’re used within the month timeframe. Unfortunately, unused hours are forfeited, if I am running close on hours hitting their threshold, I will let you know before going over.
Social Media and Content Management Services
Kobi J has no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilised for campaigns. Kobi J has no say with respect to the type of content that social media channels accept now or in the future. You acknowledge that Kobi J makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Kobi J for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
Cancellations of any ongoing Social Media Services must be made in writing. If Kobi J does not receive notification that the campaign should be stopped, we will continue working and payments will continue to be made on a monthly basis.
Kobi J reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, Kobi J will refund your money for any services not yet rendered.
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 Kobi J. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Kobi J and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice.
If a project is cancelled by Kobi J, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Kobi J.
Liability and Litigation
It is agreed that all work and materials provided for The Client by Kobi J will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
Under no circumstances shall Kobi J be liable to The Client for an indirect or consequential loss suffered by The Client relying on the information included in the Supplies prepared by Kobi J including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
It is agreed that employees of Kobi J shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.
Late Payments and Default
Accounts which are not paid within 7 days may incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice may incur an additional late payment fee.
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 “Kobi J“, unless prior arrangements have been made. Kobi J shall at it’s sole discretion suspend any and all services provided to the client by Creative Minds or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
The Client whose account is in default agrees to pay Kobi J reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Kobi J retains all copyright for work performed until full project costs have been paid. Kobi J reserves the right to reuse or resell work undertaken in the case of payment default.
Kobi J accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and The Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Amendments to these terms and conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by The Client and signed by an authorised representative of Kobi J prior to the commencement of work outlined in this submission.
Kobi J shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Kobi J 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.
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Kobi J take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Kobi J cannot be held responsible for variations between expectation and outcome.