Terms & Conditions
1. ‘H Creative Studio’ is Hannah Bevis trading as H Creative Studio.
2. ‘The Client’ or ‘you’ (which refers to the client) is the party making a booking for design related services from H Creative Studio.
3. ‘The project’ or ‘design work’ or ‘job’ is a term used to describe service from H Creative Studio.
The terms and conditions apply to all dealings between The Client and H Creative Studio. By placing an order with H Creative Studio, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
You have approached me (Hannah) at H Creative Studio and kindly requested my design services.
What are are The Client and H Creative Studio coming to an agreement on?
The Client is a customer of H Creative Studio and has the power and ability to enter into this contract on behalf of their company or organisation. H Creative Studio will provide The Client with services on the condition that they agree to provide H Creative Studio with everything that H Creative Studio needs to complete the project including text, logos, images and other information as and when H Creative Studio need it, and in the format that is asked for. The Client will assist H Creative Studio by agreeing to review H Creative Studio’s work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and The Client will also be bound by any dates that are set together with H Creative Studio. The Client also agrees to stick to the payment schedule set out in previous comms with H Creative Studio.
H Creative Studio has the experience and ability to perform the services that The Client needs, and will carry them out in a professional and timely manner. Along the way H Creative Studio will endeavour to meet all the deadlines set, but can’t be responsible for a missed launch date or a deadline if The Client has been late in supplying materials or has not approved or signed off on the work on-time at any stage. On top of this, H Creative Studio will also maintain the confidentiality of any information that The Client gives to them.
Design schedule, changes / revisions
H Creative Studio will create a personal, unique design catered for The Client. During the design process The Client will be entitled to everything outlined in the final quote. The revision rounds are The Client’s time to tell H Creative Studio what they’re loving about the design and what’s not quite tickling their fancy as well as any typos that are within the design. To ensure H Creative Studio can stick tight to the schedule, The Client’s feedback will need to be passed onto H Creative Studio within 24 hours of the drafting / revision seeking email. The Client must be super detailed and honest with their feedback as they will be charged an additional cost for any further revisions upon their request.
If The Client wants to see more?
H Creative Studio does not want to limit either The Client’s options or opportunities to change their mind. If The Client does want to add any further feedback sessions, extras or even add more jobs, that won’t be a problem; H Creative Studio will send The Client another quote indicating the cost for these new add on’s and work will resume as soon as The Client has signed it and returned it to H Creative Studio. Along the way H Creative Studio might ask The Client to put requests in writing so they can keep track of changes.
Approval is required for all projects by The Client via email prior to work being released. Whilst all care is taken by H Creative Studio, H Creative Studio is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are made by H Creative Studio, it is The Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
If The Client is not happy with the final product?
If The Client is not happy with the final design after The Client has approved of it, does not wish to commission H Creative Studio to make further design changes and would prefer to cancel their contract, The Client must pay H Creative Studio the total fee outlined in the final invoice to cover all of the work that H Creative Studio has produced. Upon receiving the final payment in full, the job will be finalised and the contract will be terminated.
H Creative Studio is not responsible for writing or spell checking any text copy, this includes checking over final designs. The Client must provide H Creative Studio with all of the copy that The Client wants to include in the design before H Creative Studio can commence working on it. This copy needs to be editable text (ie. a word document) and not a screenshot or image. Whilst all care is taken by H Creative Studio, H Creative Studio is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are made by H Creative Studio, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
Free, high quality, royalty free images which are suitable for The Client’s project will always be used before having to purchase any imagery. Stock images may range from $50 - $500 depending on size, image rights and resource. If The Client does want to purchase imagery, a budget for stock images will be established. H Creative Studio will locate images within The Client’s budget and use low resolution placeholder versions of images in design layouts. Final images will be purchased when design is approved by The Client.
Copyright & Ownership
The Client guarantees to H Creative Studio that any elements of text, graphics, photos, designs, trademarks, or other artwork that they provide for H Creative Studio to include in the design are either owned by The Client, or that The Client has permission to use them.
All preparation materials, sketches, visuals, including the electronic files used to create the project remain H Creative Studio’s property. Draft designs/concepts cannot be used for any other purpose other that viewing, this means they cannot be copied, edited or distributed to any other person or company, other than those is direct negotiation with H Creative Studio. Final artwork / design files will become the property of The Client ONLY upon the clearance of the final payment. This final payment only ensures the agreed concept / design becomes property of The Client. All other concepts and designs remain owned by H Creative Studio. Should The Client attempt to use, modify, alter, replicate or steal any of the ideas put forward by H Creative Studio without authorisation and payment, H Creative Studio will take immediate legal counsel. The Client does however own text content, photographs and other data that they provided, unless someone else owns them in which case The Client must have permission to use them.
Charges for H Creative Studio’s design work does not cover the release of design files including; .indd, .psd, .ai or any other source / working files. If The Client is wanting to obtain these files and H Creative Studio has negotiated it earlier The Client will be charged a separate ‘buy-out’ fee.
Colour Matching & Printing
Whilst all care is taken, H Creative Studio does not take responsibility for Client supplied artwork that does not print properly. Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process. Trimming can vary from printer to printer.
H Creative Studio reserves the right to display and link The Client’s completed project as part of the H Creative Studio portfolio and to write about the project on websites, in magazine articles and in interviews. The Client also allows H Creative Studio to display any projects on the H Creative Studio website / facebook page / and portfolio for self promotion purposes.
All quotes are valid for 7 days only. All prices are in Australian Dollars and are excluding GST unless otherwise stated. Any additional work outside the terms of the quote will be charged at an hourly rate of $50 per/hour. H Creative Studio is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond their control.
A 50% non-refundable booking deposit is required before starting any design project. All overseas clients are required to pay 100% upfront regardless of the project price. Payments are to be made by bank deposit transfer.
All invoice terms are 14 business days from the date of the invoice. Accounts which are not paid on time will incur a late administration fee of $50 + GST. Accounts which remain outstanding for 21 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding. Final artwork files will not be handed over until the invoice has been paid in full. All printing invoices must be paid prior to sending the artwork to print. All work not completed within a 2 month period will be invoiced regardless. Payment is required for any artwork or drafts that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’. If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors).
The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to H Creative Studio, any deposit paid prior to cancellation will be non-refundable. H Creative Studio may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that H Creative Studio cancels this agreement, H Creative Studio will provide any artwork completed and paid for to date to The Client.
Oh and one last thing...
The Client cannot transfer their contract to anyone else. The contract stays in place and need not be renewed. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and each contract is a legal document under exclusive jurisdiction of Australian courts.