Terms and ConditionsIt 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 us. Please contact us if you do not understand any of the terms and conditions in this document design.
Commencement of work Agreement to work with, and submission of a design brief and payment of deposit to constitutes agreement to these terms and conditions.
Payment Terms “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. Marion's Desgin 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, plus a prorata payment based upon the time spent.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.
Graphic design samples “The Client”also agrees to allow Marion's Design to showcase any/all work created in the course of a projects graphic design, branding, logo design, banners and more as part of portfolio. Marion's Desgin acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Fees for serviceIt 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.
Excess workThis 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. Should additional design 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 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.
Liability & LitigationIt is agreed that all work and materials provided ( branding, logo design, flyer design and more) for “The Client”by “Marion's Desgin” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. It is agreed that “Marion's Desgin” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim. Under no circumstances shall Marion's Desgin be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared byMarion's Desgin including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final ArtworkWhile Marion's Desgin takes all care to avoid errors,Marion's Desgin 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. In the event of a need to reprint due to errors in content, the client must inform Marion's Desgin 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.
Print – Colour VariationsWith 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 Marion's Desgin.
CopyrightMarion's Desgin retains full ownership of design concepts and materials (as branding, logo design, flyers design, bunners, social media) 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 Marion's Desgin. Marion's Design may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Marion's Desgin 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 Marion's Desgin retains ownership of all artwork and website architecture. Marion's Desgin reserve 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. Marion's Desgin 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 Marion's Desginall 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 Marion's Desgin 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 Marion's Desgin till such time an agreement is in place. As part of Marion's Desgin terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. Marion's Desgin 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 Marion's Desgin in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
GoodwillThis proposal assumes goodwill from both Marions Design 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 FilesIf a client losed or accidentally deletes the files delivered by Marions Design at the completion of the project, Marions Design can reupload to Drop Box, for a fee of $50 per request (plus GST). Providing the request from the “Client” has been made within 2 years from the date of completion.
Artwork on DVD or USB DriveIf any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/ postage will be payable.
Website design credit“The Client” agrees to allow “Marion's Design” to place a small credit on printed material exhibition displays, advertisements and/or a Marions Design on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page. “The Client” also agrees to allow “Marion's Design” to place websites and other designs, along with a link to the client’s site on “Marion's Design’s” own website for self promotional purposes.
International WorkSome of Marion's Design clients come from outside Australia. Being a niche market we are global specialists in the field of feminine graphic and web design and as such create work across the world, using contemporary communication methods such as Skype, Drop Box, Hightail, email and chat, along with the more traditional devices such as telephone.
Termination policyFrom 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 Marion's Design. 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 Marion's Design and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $150 per hour plus GST. If a project is cancelled by Marion's Desgin, due to unforseen 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 Marion's Desgin.
Website design post- completion alterationsOnce web design is complete,”Marion's Desgin” will provide the customer with the opportunity to review the resulting work. “Marion's Desgin” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to “Marion's Desgin” by e-mail and confirmed by post. ”Marion's Desgin” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $150 per hour plus GST if applicable.
ConfidentialityIt is agreed that employees of “Marion's Desgin” 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”.
Late payments & DefaultAccounts which are not paid within 15 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. 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 “Marion's Desgin”, unless prior arrangements have been made. “Marion's Desgin” shall at it’s sole discretion suspend any and all services provided to the client by “Marion's Desgin” or it’s subsidiaries (including but not limited to hosting, websites 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, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue. 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 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 “Marion's Desgin” reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. “Marion's Desgin” retains all copyright for work performed until full project costs have been paid. “Marion's Desgin” reserves the right to reuse or resell work undertaken in the case of payment default. “Marion's Desgin” 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
Amendments to these Terms and ConditionsAll and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorised representative of “Marion's Desgin” prior to the commencement of work outlined in this submission.
Freelance contractors and confidentiality As a contractors employee are held to a strict confidentiality and nondisclosure agreement.“Marion's Desgin” 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 “Marion's Desgin” guidelines of professional behaviour and ethics.
Disclaimer Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such Marion's Design take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Marion's Desgin cannot be held responsible for variations between expectation and outcome.Disclaimer All information contained in this website is intended for general information purposes only. The information is provided by Marion's Desgin. 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.Marion's Desgin 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. Marion's Desgin has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Marion's Desgin 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.
Last updated 3 September 2019
THANKS FOR CONTACTING US. LOOKING FORWARD IN HELPING YOU WITH YOUR PROJECT AND HAVING A COFFEE WITH YOU SHORTLY.