Terms of Service
Below are Barnacle & Lime (throughout this document will be referred to as B&L) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with B&L. Please also note that from time to time B&L may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
01.Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to B&L constitutes agreement to the following terms of service.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. B&L endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited.
If the work time exceeds 4 calendar weeks in duration, “The Client”agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20 + GST. 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 your company.
“The Client”also agrees to allow B&L to showcase any/all work created in the course of a project as part of B&L portfolio. B&L acknowledges the confidential nature of projects and asks clients to state in writing before project commencment if they do not approve of their name / image being displayed and promoted on this site.
B&L shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of B&L. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
06.Fees for service
It is agreed that the fee for service shall be the cost estimates provided 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.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $70hr (plus GST if applicable) per hour will be payable.
Should additional designs not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by B&L may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
08.Approval of final artwork
While B&L takes all care to avoid errors, B&L accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility 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 “The Client’s” proof reading.
09.Print returns and refunds
It is agreed that B&L is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. B&L will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify B&L of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform B&L within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
10.APrint colour variations
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of B&L
Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that B&L is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. B&L will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The client accepts that B&L is not responsible for any print inaccuracies that may arise.
All Quotations are provided by B&L free of charge and are valid for 10 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All prices are in Australian Dollars. Additional work which is outside the original scope and not provided for in the original quotation is charged at an additional hourly rate of $60 to $120 per hour, dependent on the particulars of the project.
B&L retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of B&L. B&L may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, B&L design studio retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment B&L retains ownership of all artwork. B&L design studio reserves the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
B&L reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of B&L, all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by B&L shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of B&L till such time an agreement is in place. As part of B&L Design terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. B&L reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting B&L Design in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
VECTOR & STOCK IMAGES
All vector and stock images used are licensed to the client directly or to Barnacle & Lime. Client agrees to NOT on-sell any graphic files (direct source files) and adheres to the terms and conditions stated on the stock websites used. Client has the right to obtain a link or copy of a graphic licence at any time. Barnacle & Lime, Ebony Harper take no responsibility for copyright allegations after artwork has been checked and approved by the client on sign off. Client must adhere to the individual stock websites guidelines when deciding to print or on-sell any graphics with a licence attached. Barnacle & Lime, Ebony Harper cannot offer any legal advice in regards to stock image protection. Barnacle & Lime offers transparency with clients and acknowledges when stock graphics, images or content is used.
B&L Design Studio does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request. Upon project completion, B&L design studio securely backs up and stores all associated files.
This proposal assumes goodwill from both B&L and “The Client” regarding:
• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes
Resending Uploading Files - If a client looses or accidentally deletes the files delivered by B&L at the completion of the project, B&L can re upload to nominated drive, for a fee of $50 per request (plus GST if applicable). Providing the request from the “Client” has been made within 2 years from the date of completion.
15.Artwork on DVD or USB
If any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/ postage will be payable.
15.Website and project credit
“The Client” agrees to allow “B&L Design Studio” to place websites and other designs, along with a link to the client’s site on “B&L Design Studio’s” own website for self promotional purposes.
16.Website and project credit
Some of B&L clients come from outside Australia. Being a niche market we are global specialists in the field of graphic design and as such create work across the world, using contemporary communication methods such as Skype, Drop Box,Google Drive, email and chat, along with the more traditional devices such as telephone.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to B&L. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by B&L and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $60 per hour plus GST if applicable.
If a project is cancelled by B&L, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the B&L
It is agreed that employees of B&L design studio 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”.
19.late payments and defult
Accounts which are not paid within 15 days will incur a late administration fee of $30 + GST if applicable. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 10% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by B&L design studio, unless prior arrangements have been made. B&L shall at it’s sole discretion suspend any and all services provided to the client by B&L or it’s subsidiaries (including but not limited to designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, maintenance, sub-contractors, printers, photographers.
Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions, blogs or squarespace sites will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay B&L reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
B&L retains all copyright for work performed until full project costs have been paid. B&L reserves the right to reuse or resell work undertaken in the case of payment default.
B&L accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases
21.CREATIVE RETAINER AGREEMENTS
Client has the right to request an update on retainer level at anytime during work hours and will be notified when retainer level reaches 1 hour. All time is tracked via accounting software and can be provided to client upon request.
All materials and login credentials supplied by Client will remain the property of Client and will be returned or suspended upon request, or no more than 10 days from the termination of this agreement.
Any hours that exceed your retainer package will be charged at the reduced hourly rate as per your package. We do our best to provide regular updates on your hourly retainer status and can provide you with these details at any time. Unfortunately unused hours do not roll over and your retainer begins fresh at the commencement of each contracted month.
Upon signing up for the first retainer agreement with a new client, both parties are entitled to a buffer period and the ability to withdraw within 14 working days. Any completed work hours will be deducted from the clients retainer and the remaining funds will be returned to the client within 10 working days. All work completed within this period remains property of the clients and service provider agrees to package and handover any files that have been completed or remain in progress. If 10 working days as passed, the retainer agreement may be terminated on 30 days’ written notice by either Service Provider or Client. In case of termination, Service Provider shall make a reasonable attempt to finish work in progress under the remaining retained hours.
24.freelance contractors and confidentiality
All contractors employed by B&L Design Studio are held to a strict confidentiality and nondisclosure agreement. Contractors of B&L are also bound by a strictly enforced non-solicitation agreement for a period of 12 months after the conclusion of their work with B&L. If this was to be breached by the contractor B&L will take swift and reparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of B&L and acting independently.
Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
B&L aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict B&L guidelines of professional behaviour and ethics.
Graphic design, strategy, photography, illustration and marketing are all highly creative and subjective art forms. As such B&L Design take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however B&L cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by B&L Design Studio. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. B&L will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. B&L has no control over websites that are linked to on this website.
Those third party websites are under the control of their owners, and B&L will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
BARNACLE & LIME WYNNUM MANLY, BRISBANE QLD 4178 OR HELLO@BARNACLELIME.COM