Terms of Service Last Updated on October 12, 2016.
The following terms are the standard terms and conditions for all services provided by Germydesigns and applies to all projects undertaken by Germydesigns for their clients. Germydesigns refers to Germaine Rea or Zhu May Chan.
1. Work Schedule
The work outlined in the accepted quote provided by Germydesigns to the client will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Our schedules assume timely review and response by both the client and Germydesigns of all deliverables.
2. Client Responsibilities
The client will provide accurate, complete and timely information and materials to Germydesigns. The client guarantees that they have all the necessary rights and ownership in such materials to permit Germydesigns to use them for the project.
3. Client Approvals
The client will approve and proofread all final designs, content and press proofs. Germydesigns will make all efforts to ensure that no information is misrepresented, however, the client assumes all responsibility for content. The client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the client for review, unless the client indicates otherwise in writing. Only writing via e-mail is acceptable.
4. Client Changes
In order to avoid errors, content changes and corrections will not be taken over the telephone and must be provided electronically via e-mail.
If the project requires stock photography to be purchased, the client shall reimburse Germydesigns for the cost of the expense, however Germydesigns is responsible to seek approval from the client prior to making any purchases.
Germydesigns may use samples or photographs of the work created under this agreement and the name of the client for their portfolio website once the project has been made public, however, any samples or photographs of the work or the the client’s brand used for other than the inclusion in their portfolio website such as publications, exhibitions, competitions and other promotional purposes must have written advice sent to the client beforehand to seek approval.
All invoices under the amount of AUD$800 are payable within 14 days of issued invoice and all other invoices above the amount of AUD$800 are payable within 30 days of issued invoice. The grant of any license or right of copyright is conditioned on receipt of full payment. E-mail reminders will be sent to the client on overdue payments, which may result in legal action.
8. Payment schedule
A 30% non-refundable deposit is required upon the acceptance of a quote prior to the commencement of a project. For print projects, the remainder 70% balance is due prior to the client’s receiving of print-ready and original working files. For web projects, a progress payment of 60% is required prior to the actual development of a website, with a 10% project completion payment due upon launch of a website.
Other payment schedules may be organised with Germydesigns, and is subject upon approval in writing via e-mail only.
9. Delays and Termination
All payments received are not refundable in the event the project or the relationship is terminated for any reason. Ownership of all copyrights and the original artwork shall be retained by Germydesigns. If any part of the work for this project is delayed for longer than 30 days, Germydesigns will bill for work completed.
10. Consequences of Non-Payment
Germydesigns reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within the reasonable period of time from invoice date, as stated in item 7. In the event that the client fails to complete payment by the due date, Germydesigns may engage debt collection services for the collection of any unpaid and undisputed debt. The client acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense that is incurred. The client agrees to indemnify Germydesigns for the full amount of Germydesigns’ legal and debt recovery costs.
11. Ownership and return of artwork upon project completion
At the end of the project once invoice has been paid for in full, all licenses and/or right of copyright will be granted to the client. Germydesigns shall provide the client with all original working files, final renders and/or print-ready files, and any other material that deems relevant and necessary to the project. Germydesigns shall return such artwork within 30 days of paid invoice.
Germydesigns warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use through third parties (ie: stock imagery) has been obtained on an unlimited basis, and that the work prepared by Germydesigns does not contain any plagiarised, copyright infringed material or any unlawful matter.
13. Acceptance of terms
By accepting a quote submitted by Germydesigns to the client via 17hats, the client agrees fully to the terms of service as stated above, and also agrees to the payment terms highlighted on all invoices issued by Germydesigns to the client.