TERMS – ALL CONSULTING, DESIGN AND WEB WORK
Terms of trade for all consulting, design & web work
Confirmation of quotes and/or approval to proceed with project or printing via email correspondence or payment of any deposit for projects, design and/or website services, consulting or printing shall be deemed as full acceptance of all terms of trade.
Any consulting, design, web work or other services provided to the client by Jungle Design Studios Pty Ltd may be referred to as the ‘project’.
Jungle Design Studios does not handover Indesign, Photoshop, Illustrator or any source files or fonts or originals of illustrations. We will supply final flattened, printable or distributable files for the client to use. The intellectual property that we have developed in setting up files is not part of the sale, hence we do not hand over source files. Jungle Design Studios retains intellectual property rights over all files except the *final artwork.
Until full payment has been made, Jungle Design Studios retains ownership of all original artwork or parts contained therein (other than material supplied by the client), whether preliminary or final. Once a final concept is delivered to a client and full payment is received the final artwork files* will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice only for the purposes in which it was created. Any other usage not discussed will need to be negotiated.
*Final artwork indicates the final artwork as a whole. Client does not have rights to use, modify or distribute any individual elements, ie; photos, illustrations etc. or to modify and resell this artwork.
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 Jungle Design Studios retains ownership of all artwork and website architecture. Jungle Design Studios reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Stock photos purchased by Jungle Design Studios are licensed to us only. They may be used in projects that are created by us only. We cannot transfer any license of images and you do not have any rights to use, distribute or sell them.
Jungle Design Studios will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.
The Client also agrees to allow Jungle Design Studios to showcase any/all work created in the course of a project as part of our portfolio.
The first consultation with the client is free. Additional one-on-one consultations of any duration, including travel time, and any phone consultations over 30 minutes are billable at our hourly rate of $160 + gst in 15 minutes increments.
All invoices are strictly “payable upon receipt of invoice”.
Upon acceptance of any quote, you must pay a deposit or full amount as per quoted agreement.
The Client agrees to our payment structure which may be one of the following as decided by Jungle Design Studios at the time of the agreement:
For projects under $2000 – 100% payment required of quoted amount to commence the design project.
For projects over $2000 – 50% non-refundable deposit of the quoted amount to commence the design project, 50% balance due at 14 days or on project completion, whichever occurs first.
For projects over $10,000 – 25% non-refundable deposit of the quoted amount to commence the design project, remaining 3 x 25% payments due on pre-arranged dates.
The project deposit is non-refundable, and if a project is cancelled by the Client, for whatever reason, the deposit will serve as a cancellation fee. Along with a pro-rata payment based upon the time spent if it exceeds 50% of the quoted work. If a deposit was not paid, in the event of cancellation by the Client, the Client will be obligated to pay all fees and expenses associated with the work performed up to the date of cancellation calculated at our hourly rate for time spent on the project.
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.
Cancellation of any consulting session, meetings or scheduled time together required minimum 24 notice or the time allocated to you and/or project will be billed at the current rate.
The client shall have 3 days (72 hours) to respond to each draft/request for information submitted. If the client has failed to respond after 3 days, Jungle Design Studios will send 3 x weekly reminders after which Jungle Design Studios will deem the project complete if no response is received. At such time, Jungle Design Studios shall have no further obligation to the client, and the client shall pay Jungle Design Studios all fees and expenses associated with the work performed.
Invoices are considered delinquent seven (7) days from the date of the invoice. After the seventh day, a late charge of $25.00, together with interest pursuant to the provisions of the Queensland Supreme Court Act 1947, currently set at 10% per annum (calculated daily), and shall be added to the total debt owed.
You shall be liable for all costs related to the collection of delinquent invoices, at the agreed rate of up to 75% + GST, plus any third-party fees, court costs and attorney’s fees, which shall be added to and form part of the total debt owed.
To provide you with efficient and accurate service, any changes, amendment or feedback on a project is only acceptable in writing via email correspondence. We do not in any circumstances accept changes over the phone.
If we are providing printing or production of artwork in any form, you must also read and agree to our printing/production terms and conditions.
If we are engaging in a website project, you must also read and agree to our website terms and conditions located in your contract documents.
Any other contract you enter into with Jungle Design Studios shall be read in conjunction with and add to these terms and conditions.