TERMS AND CONDITIONS
By entering into a business relationship with The Creative Wunderkind Pty. Ltd. T/A Verve Design (we, us, our, the designer) herein referred to as Verve Design, you (the Client, Client Representative) agree and consent to the following terms and conditions.
Please also note that from time to time Verve Design may need to alter these terms and conditions without notice. Please contact us via email at – [email protected] – if you do not understand any of the terms or conditions in this document.
The client understands that the Graphic design services Verve Design provides is a professional service, not a product – customers are billed for the time and expertise of our designers. In accordance with Australian industry standards, Verve Design charges for design services by the hour (unless a flat packaged fee has been agreed in writing). The client agrees that suspension of our services does not relieve the client of it’s obligation to pay for time Verve Design has spent and/or the commitment the client has made to a packaged price.
Verve Design will begin work when an estimate has been issued and approved by the client in writing. All quotations given are estimates only, unless otherwise negotiated and noted in writing on your estimate. It is at the discretion of the client to provide and communicate a full and comprehensive brief, to ensure an accurate estimate. Where-ever possible the client will be notified during the project of increases in the scope of the project, if the estimate begins to exceed that of the original estimate. Final invoices will reflect actual hours worked on the Clients project which may or may not differ from the Clients estimate.
The estimate assumes a reasonable number of Two (2) rounds of revisions per design item. One (1) round of amendments are counted as a list of amendments provided in one (1) email. Verve Design’s experience has shown that two rounds of amendments is sufficient to most projects, provided a brief has been clearly defined and the client has provided final copy/text and imagery. If on a rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions, any and all revisions will still incur the hourly rate of $110 per hour plus GST, and the Client confirms that any revisions or additions they request will incur this cost.
Clients requiring long term, weekly and ongoing design work may be automatically placed on a non-estimate term, which will allow said client to skip the estimating phase, this is at the discretion of Verve Design and unless confirmed in writing the client assumes an estimate is required for every project.
Clients engaging the services of Verve Design for a branding package agree to pay for the package upfront. Packages are non refundable after the project has commenced.
Approved Account clients of Verve Design who have approval of a Verve Design credit application form are 30 days. To request this application form for a 30day account please contact us for an application. 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 you.
Clients engaging the services of Verve Design for the first time outside of a brand package, or clients returning who have been inactive for a period of less than 1 project per financial year, agree to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once a meeting/consultation/research/resources allocated/any design work has commenced on a project, this deposit is non-refundable. The final balance is due before delivery of artwork and all printing accounts must be settled in full prior to the release of the PDF files to our subcontracted printers.
ON HOLD + DECLINED STATUS
If there has been no activity initiated by the client on a contract for 30 days for services provided by Verve Design, but the client has been responsive to status updates to the project manager, the contract will be classified as “on hold”. The client will then be issued an “on hold” project invoice. The client understands they are only being invoiced only for work completed to date, and the client is welcome to re-open the project at any time.
If there has been no activity initiated by the client on a project that has begun and Verve Design has made multiple enquiries to the client about the project with no response from the client, after 60 days of no response from the client the project will be deemed declined and a final invoice will be issued and the project will be archived. The client is welcome to re-open the project at any time, but may be required to pay an archival retrieval fee of $50 plus GST.
TIMEFRAME AND DELIVERY
Verve Design will provide the initial draft concepts to the Client AFTER all the final copy and text is supplied within the timeframe agreed upon in the initial consultation (generally within 5-7 working days).
Verve Design will submit designs via email, (or larger files via “wetransfer” or “you send it”) for review by the Client.
The Client will then be able to view his/her draft designs and also be able to provide feedback about the design. Verve Design will review the Client’s feedback and revise the designs. The revised designs will be presented to the Client within 2-5 working days.
Please note that in times of higher than usual demand, the project and any revisions will be scheduled for the next available time slot and the client will be advised of the earliest possible time.
Regular working days are Monday through Friday, 9am – 5pm Australian Eastern Standard Time, excluding QLD public holidays. Verve Design closes annually for 2-3 weeks over the festive season each year.
REVISIONS AND AUTHOR ALTERATIONS
Any and all revision requests or project additions/alterations MUST be furnished to the project/account manager in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by email, or hardcopy. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project estimate. The client confirms that any additional revisions or additions they request outside the scope of the estimate will a incur cost of $115 per hour plus GST.
Verve Design does not offer refunds when a client has changed their mind or the scope in the project has changed. In the instance of clients who have purchased a branding or branding + website package, Verve Design have commenced the deliverables of the package, Verve Design is unable to offer a refund on any or all milestone payment/s or any items in the package, due to the items in the packages being highly discounted.
Refunds will only be issued if the project has not yet commenced and no discussions or consultations have taken place. It is the customers responsibility to ensure the package they have selected meets their need and use for their business.
In the instance of clients on a 30 day account. If the project is more that 50% completed (this is determined by Verve Design) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $115 per hour plus GST. Verve Design endeavours to provide graphic design, web and multimedia services that meet and exceed a client’s needs and expectations, but if there are exceptional circumstances where the project has to be cancelled, after a project has commenced, a pro-rata payment is payable for all time spent to date. This is to cover research, design and administration time, resources purchased and resources allocated, and administration costs. The client agrees to a payment of the time spent up until cancellation notice, at an hourly rate of $115 per hour plus GST.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork shall be returned and retained by the Verve Design.
APPROVAL OF ARTWORK
While Verve Design takes all care to avoid errors, Verve Design accepts no responsibility for graphical or photographic errors, typographical errors, colour errors, spelling mistakes, or incorrect information on any project committed to print or production.
PRINT – COLOUR VARIATIONS
The Client understands that with all printing there may be some colour variations from what the Client will have seen on screen, to what the final product will look like, and to that of previous orders. This is due to the nature of different colour calibrations on screen monitors and if applicable – CMYK printing and bulk-run printing. Verve Design will not be held responsible for colour variations, but will take measures to ensure colours on our artwork files are as accurate as possible before sending to the printer. There will be no re-prints at the expense of Verve Design.
The Client agrees 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 or reprints are given after a final approved design has gone to print due oversights by client.
COPYRIGHT / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to Verve Design for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organisation. The Client will hold harmless and protect Verve Design from any claim or suit arising from the use of such as furnished by the client.
Verve Design makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Verve Design’s liability is limited only to a refund of the paid amount by the client.
Verve Design will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Verve Design and it’s employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Ownership of the final PDF artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the PDF design, only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of Verve Design.
Verve Design retains unlimited, indefinite and unrestricted use and ownership of the native files. Verve Design does not release native files of the final artwork to the client. If native files are required, this is at the discretion of Verve Design and must be requested at the initial quoting stage only. The client agrees to pay an administration fee agreed in writing for release of the native files.
The client agrees that Verve Design reserves the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
The client agrees that Verve Design retains the right to display the artwork in their corporate portfolios and marketing materials.
Unless otherwise arranged with your project manager, all stock photography is used under royalty-free licence of Verve Design. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licencing agency. Exclusive, rights-managed photography is available, but will incur additional cost.
All concepts furnished to the client are for client review and comment purposes only. Verve Design retains ownership of all draft materials not used in the final design.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Verve Design, all logos, artwork, concepts and designs remain the copyright and exclusive property of Verve Design. Verve Design reserves the right to utilise and/or reproduce any image, logo or illustration created by Verve Design in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. Verve Design retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
If a client has lost or has accidentally deletes the files delivered by Verve Design after the completion of the project, Verve Design can re-email or re-upload to we transfer, for a fee of $55 per request (plus GST). If any client artwork is required on USB, an administration fee of approximately – $55 plus courier/postage will be payable.
It is agreed that Verve Design and its employees thereof 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.
YOUR CONSENT TO THIS AGREEMENT
By using the Verve Design web site and/or engaging in business with Verve Design, you consent to the terms specified above.
Verve Design reserves the right to amend these terms at any time. Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Verve Design.