Black Owl Design Terms and Conditions:
Before the commencement of work, you The Client will be required to accept the below Terms & Conditions for Black Owl Design.
>> Meeting / consultation fee. Your first face-to-face meeting with Black Owl Design is complimentary. Any additional requested meetings with Clients regarding projects will be charged at an hourly rate or otherwise stipulated (caped rate).
>> Quoting. Black Owl Design will provide The Client a quote outlining the scope and cost of the Graphic Design Service. The quote itself does not constitute a binding agreement between the parties. The quote will remain valid for a period of thirty (30) days from the date of issue.
The quote provided is based on the Client’s (written) information and provisions at the initial briefing stage. If amendments to the brief are realised at a later date, Black Owl Design reserves the right to alter the quote to cover additional time costs or external costs not originally factored into the quote. Any quote over $1000.00 requires a 50% deposit before commencement of the project.
>> Fees for service. It is agreed that the fee for service shall be the cost estimates provided in this quote and supplied 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 excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
>> Artwork approval, errors and omissions. Black Owl Design makes every effort to maintain the highest possible work standards and takes care to avoid errors, Black Owl Design accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project and are not liable for loss, expense or damage caused by any act or omission. It is The Client’s responsibility to proof read and check all artwork thoroughly before final approval. 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. The Client will be held liable for any errors in the artwork after they have given final approval. No refunds or reprints are given after a final approved design has gone to print due to oversights by The Client’s proof reading.
>> Release of working files. All design work remains the intellectual property of Black Owl Design including all working files, therefore working files are not released upon the completion of the project. Finished files are supplied in pdf or jpg form unless otherwise stated in the quote. Additional fees apply for the release of the original working files, the cost will be determined case by case.
>> Content and images. Content and images are to be provided by you The Client unless otherwise agreed upon. A charge may be applied for purchasing stock images should you choose not to supply images. The Client hereby agrees that any text, graphics, photos, trademarks, or other aspects provided by The Client to Black Owl Design for inclusion in the artwork is owned by The Client and/or The Client has permission to use those elements.
>> Image sourcing. Sourcing images for design work does not constitute ownership of the images by The Client, as all stock images are non-transferable (as per the terms and conditions of our stock image supplier – Shutterstock). If you wish to obtain a copy of an image for use elsewhere, then Black Owl Design are able to supply the image’s ID number to The Client. This number can then be used to download/purchase the image directly from Shutterstock, in line with their Ts & Cs on image usage.
>> Design samples. The Client agrees to allow Black Owl Design to showcase any/all work created in the course of a project as part of Black Owl Design portfolio. Black Owl Design acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
>> Short time frame / fast turn around jobs. If the Graphic Design Services are required by The Client in a short time-frame, in the opinion of Black Owl Design, then Black Owl Design will impose a Rush Fee of 25% of the Fee(s) to undertake the work in the short time-frame. Black Owl Design will advise The Client prior to undertaking the works if they are considered Short Time-Frame. The payment of the Short Time-Frame Fee is payable on the final invoice.
>> Confidentiality. Black Owl Design will treat all Client information as private and confidential and will not disclose the Client’s confidential affairs to other clients or the public. All files, materials and emails will be kept secure and backed up.
Upon payment in full, The Client assumes full reproduction rights of the project. Black Owl Design retains personal rights to use the completed project for marketing purposes, both in print and online capacities. The Client will be credited where necessary for usage of the project elements.
>> Liability. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. Black Owl Design will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
>> Copyright. Black Owl Design retains the intellectual property / rights to the project always. Black Owl Design retains full ownership over all concept and working files (InDesign, Photoshop, Illustrator files) that have been used to produce the finished and final art.
The Client receives copyright of the final PDF artwork once final payment is made and received in full by Black Owl Design. The Client maintains copyright privilege over Client provided graphics and visual elements once paid.
>> Payment. Invoices from Black Owl Design are generated upon delivery of completed project. Black Owl Design’s payment terms are strictly fourteen (14) days. In the instance where it is the first business transaction between Black Owl Design and The Client, the final artwork files will be supplied to The Client upon payment of invoice. Black Owl Design reserves the right to withhold final artwork files until payment has been received where appropriate.
>> Refunds. Refunds are not provided under any circumstances where work has commenced.
>> Cancellation of agreement. In the event The Client wishes to cancel the agreement and discontinue any work in progress, Black Owl Design must be notified immediately. Hours undertaken to that point will be invoiced and payment is required within 14 (fourteen) days of cancellation.
>> Late payments. Accounts which are not paid within 14 days will incur a late administration fee of $20+gst. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.