Terms and Conditions

Studio Pearl reserves the right to update Terms & Conditions.

1. ‘Studio Pearl’ is Nadia Acfield trading as Studio Pearl.

2. ‘The Client’ is the party making a booking for design related services from Studio Pearl.

3. ‘An Order’ is the request for services from Studio Pearl.

4. ‘The project’ is a term used to describe service from Studio Pearl.

Acceptance of Terms

The terms and conditions apply to all dealings between The Client and Studio Pearl. By placing an order with Studio Pearl, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

Not Included (Unless specified in quote):

• Printing and materials. (Print can be quoted and arranged upon request)

• Stock image and typeface (font) licenses

• Revisions and updates beyond the original scope of the agreement

• Ownership of editable source files. (Provision of source files can be quoted upon request)

Print & Production Fees

• Before artwork will be sent to print, the Client will be issued an invoice equal to100% of the total print and production fee. Payment of the invoice gives Studio Pearl the approval to proceed with the job and send your project to print. NOTE: Print work will only commence once the print amount is paid in full. Please keep in mind that any delay in payment will incur similar delays in the delivery of your project.

• Websites will require full payment of the final invoice before being launched. The client will be required to enter their own credit card details into Squarespace for direct debit. Studio Pearl does not provide domain names or hosting. These fees can be purchased directly through SquareSpace. By accepting the quote, the client agrees that SquareSpace suits their website requirements.

Fee Schedule

• Studio Pearl accepts payments via electronic bank transfer.

• Creative work will only commence once the 50% upfront fee is paid. Please keep in mind that any delay in payment will delay your project start date.

• A 50% non-refundable booking deposit is required before starting any design project over $800.

• All design projects under $800 require to be paid in full upfront.

• All overseas clients are required to pay 100% upfront regardless of the project price.

• All invoice terms are 5 business days from the date of the invoice.

• Accounts which are not paid on time will incur a late administration fee of $50.

• Accounts which remain outstanding for 14 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.

• Ownership of files as specified in the quote, and display and reproduction rights of artwork,
are conditioned upon receipt of final payment.

• 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)

• Studio Pearl is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control.

Client Responsibilities

• Provide all copy and relevant information to the project in a timely manner. (Delays in delivery of content or feedback, can incur a similar delay in the project schedule).

• Final proof reading and approval of the finished works.

NOTE: In the event that Client has approved Deliverables but errors, e.g. typographic errors or misspellings, remain in the finished product, the Client shall incur the cost of correcting such errors.

By signing this Agreement the Client undertakes and warrants that:

(a) the Client will exercise control over the Works. The Designer will exercise reasonable care, honesty and diligence in providing the Services. The Client nonetheless warrants that it is responsible for ensuring that the Works are not contrary to law, including:

(i) ensuring that the Works do not infringe the copyright or moral right of any person in relation to any material the Client has provided to the Designer;

(ii) ensuring that the Works do not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate;

(iii) ensuring that the Works are not by law defamatory of any person;

(iv) ensuring that the Works are not obscene, blasphemous, offensive or discriminatory; and

(v) ensuring that the Works do not constitute conduct that is in breach of the provisions of the Competitions and Consumer Act 2010 (Cth) or that gives rise to an action in passing off, including by undertaking trade practices clearances where appropriate;

(b) the Client must ensure that all statements purporting to be facts in the Works are true and correct and that no advice or instructions in the Works will if followed or implemented by any person cause loss, damage or injury to them or any other person;

(d) The Client will indemnify the Designer against all claims arising from the Designer’s use of any information or documents supplied by the Client or for any act or thing done by the Designer on the Client’s instructions or with the Client’s approval.

LIABILITY

(a) Although the Designer will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding:

(i) any consequential loss, damage or injury, however it may arise;

(ii) any punitive, additional or exemplary damages;

(b) If the Designer is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of this Agreement.

GENERAL

(a) All notices and consents required or permitted to be given under this Agreement must be in writing and given by personal services, pre-paid postage, or email at the addresses of the parties set out in this Agreement or to such other address as either party may designate to the other by written notice;

(b) This Agreement must not be assigned or otherwise transferred without the prior written consent
of the Parties;

Changes Beyond Original Scope of Agreement

• Small changes to provided copy are welcome in the stages between draft and final design, however large changes may delay the delivery of the final design and incur extra costs.

• Work falling outside of the scope of the Services requested by the Client, either orally or in writing, will incur charges additional to the Designer’s Fee. Work falling outside of the scope of the Services

includes, but is not limited to:

(i) additions to the list of Works;

(ii) alterations to text supplied by the Client for use in the Works;

(iii) additional drafts required in the provision of the Services;

(iv) changes to the Client’s instructions or the brief;

(v) changes to any of the Works after the Delivery Date;

(vi) additional consultations; and

(vii) conversion, adjustment or manipulation of images;

(b) Where additional work requested outside of the scope of the Services, is in the sole and exclusive discretion of the Designer, substantial, a Schedule of the additional Services and the additional Works must be annexed to this Agreement. The provision of those Services and Works will be subject to the terms of this Agreement;

• Urgent work requested outside of ordinary business hours will be charged at an hourly rate of $200.

Ownership of Original Artwork and Source Files

• The Client will have ownership and reproduction rights of the final artwork in the format/s specified in the quote, however transfer of ownership will only occur after payment for the Works is received in full.

• Studio Pearl will retain ownership of intellectual property and Copyright to editable source files comprising of preliminary and final art, including rights to display such artwork for portfolio and self-promotional purposes.

• If the client wishes to own any editable source files (Adobe Indesign, Illustrator and Photoshop files, etc), they must specify at the time of quoting so Studio Pearl can include source files in the estimate. If the Client decides they wish to have ownership of editable source files at a later date, or after the project is complete, these may be purchased at an additional cost as set by Studio Pearl – typically from 25% to 75% of the project fee.

NOTE: Typeface and image licenses used in any source files must be acquired by the Client in order for the Client to legally use source files for commercial purposes.

Cancellation

• In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Studio Pearl.

• The 50% deposit is non-refundable.

• A cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. The cancellation fee is based on the hours submitted if the project is on an hourly basis, or a percentage based on the stage of completion for the project.

• If the project is cancelled by the Client at the stage of completion, a cancellation fee of 100% of the total project amount is due, whether the final project is delivered to the Client or not.

• If the Client is uncontactable or does not return any communication attempts for a period of 60 days while the project is in progress, Studio Pearl will treat the project as cancelled, and send the invoice for remainder due on the works completed.

Confidential Information

The Designer and the Client acknowledge that in working on this project they may receive certain confidential information and materials of the other party. Each party shall hold and maintain in strict confidence all Confidential Information and shall not disclose Confidential Information to any third party.

DESIGN CREDIT

• The Client allows Studio Pearl to display any projects on the Studio Pearl website/ facebook page/ and portfolio for self promotion purposes.

• The Client agrees to allow Studio Pearl to credit design work on all websites designed by Studio Pearl.

TURNAROUND TIMES

• Studio Pearl will make every effort to meet deadlines. All quoted turnaround times are approximate. Studio Pearl will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.

APPROVAL

• Approval is required for all projects, via email prior to work being released.

• Whilst all care is taken by Studio Pearl, Studio Pearl is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Studio Pearl, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.

NO GUARANTEES

• Studio Pearl cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.

• The Client acknowledges that Studio Pearl cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Studio Pearl.

IMAGES

• Some designs may contain stock images that are available for purchase.

• Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Studio Pearl is not responsible for colour variations in conversion from RGB to process CMYK.

• Studio Pearl is not responsible for the reproduction quality of supplied images.

COLOUR MATCHING & PRINTING

• Whilst all care is taken, Studio Pearl 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.

RETRIEVAL OF WORK

• The Designer retains electronic archives of completed Works for a period of no longer than 5 years. If the Client requests retrieval and delivery of the Works after the Term has expired, and the Designer provides those services, then the Client must pay the Designer a service charge for those services;

• To the fullest extent permitted by law, the Designer accepts no liability for any loss or damage that may occur to archived work.