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The following policies form the basis of every/all contract/s between Diane Penelope and our client/s unless expressly stated. The policies, terms and conditions set forth are a result of Diane Kennedy’s working with clients over a period of 19+ years and are specifically designed to manage expectations and desired outcomes, explain intellectual property (IP) issues and protect both you “the client” and Diane Penelope from unfair practices.


you/your (“The User”, “The Client”)

I/we (“Diane Penelope”, “Diane Kennedy”, “Diane”)

work/design (“The project”)


It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Diane Penelope. Please also note that from time to time Diane Penelope may need to alter these terms and conditions without notice. Please get in touch if you do not understand any of the terms or conditions in this document.

These conditions, which are construed under Australian Law, are applicable to Diane Penelope and should be read in conjunction with other documents and/or the correspondence comprising of your quote/invoice, which will be emailed to you as a PDF document with the invoice.

As a user of the website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without my express prior written consent.


Diane at Diane Penelope can be reached by telephone from Monday to Friday between 9 am and 5 pm (Sydney Australia time AEST) on 0405 324 369, however, I prefer not take briefs, creative direction or alterations of scope via telephone. All project related requests must be in writing. After I have recieved a brief (the initial brief doesn’t need to be too detailed, just enough for me to quote) I will draw up a proposal and quote, the detail of which depends upon the scale of the scope required.

Skype chats are welcomed at the Skype user name: dianepenelope (although I prefer a bit of warning so I look my best), but again this is not legally binding, merely a way to touch base with my client/s.

The majority of designer/client communication is normally via email which assists all parties to keep track of correspondence.

All work requests must be in clear, concise writing, via email or via forms on my website. This means that “The Client” and Diane Penelope can look back over emails for clarification if needed.

Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner Changes sent through in multiple emails in a disorganized or illegible manner will result in confusion on both sides and waste both parties’ time.

Commencement of work

These Terms and Conditions govern your access and use of the Diane Penelope website at By accessing or using the Diane Penelope website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Diane Penelope website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions, under Australian Law.

Agreement to work with, and submission of a design brief and payment of a deposit to, Diane Penelope, constitutes an agreement to these terms and conditions. All online forms that clients complete have a required component at the end of the form that “The Client” must read and agree to these terms and conditions. Please do not click the affirmative if you have not read and understood your contractual obligation to these.

Intellectual Property

Except for the copyright in these Terms and Conditions of use, Diane Penelope assert copyright and all other intellectual property rights in this website, unless otherwise stated.

Diane Penelope also reserve copyright and all other intellectual property rights in all my documents and images appearing on or linked to this web site.

Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by this web site in which I have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without my express permission.

Graphic Design for Print Payment

“The Client” agrees to pay:

50% non-refundable deposit of the quoted amount to commence the design project.

50% once the final proof has been signed off and sent to the printer.

Website Design Payment

“The Client” agrees to pay:

50% non-refundable deposit of the quoted amount to commence the design project.

25% is due after 3 rounds of changes/revisions have been complete, or site in online for testing, and

25% is due on the day of Delivery, Sign Off or Live Date.

The project deposit is non-refundable, and if a project is canceled 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.

In the case of a change of mind by “The Client,” this deposit is non-refundable. Diane Penelope endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” by “The Client”, the initial 50% deposit is forfeited and acts as a cancellation fee, plus a pro-rata payment based upon the time spent. The deposit is to ensure Diane Penelope allocates time in the schedule to create work for “the client”.

Printing Accounts

All printing accounts must be settled in full prior to the release of the files to the printer and the files will be sent directly to “the client”.

Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalized) at the end of each month and form part of the principal debt.

Any account outstanding for more than sixty (60) days, the client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before the supply of files. Copyright is not transferred until all invoices are paid in full, with no exceptions.

Delivery of Files

Delivery consists of the following:

  • supply of final artwork digital files to the printer
  • via email to the nominated email account
  • uploaded to nominated ISP (as in the case of web design and development)
  • Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of Diane Penelope.

Importance of the Client Brief

The brief form is the single most important document in determining the creative and strategic direction of the project. All aspects of the project must be included in this document. Diane Penelope takes this information and creates your design from this. The “client” agrees that and additional information, changes or additions that are requested after the submission of the brief form and commencement of the project over and above the original brief document, will be liable to additional charges of $ AUD 100 per hour.

In some cases the additions are minor (determined by Miss Blossom Design and completely at my discretion) and can be absorbed into the project costings, BUT, if a client changes the brief significantly (again entirely at Diane Penelope discretion), this will have a significant impact to the project timeline and completion date.

Extra charges will be applied in this case and while I will endeavour to inform you I am not obligated to do so if the brief has changed, it is taken as a given by the client that those changes, additions, and alterations will be billable at the end of the project. Some corrections, changes to the layout, replacement of minor text or images are normally included with any artwork charges, but adding additional content after the initial brief can sometimes add significantly to the design time and therefore artwork charges. Please take time to read the terms and conditions, and take time to:

  • prepare a considered, well-written brief with all information supplied and in detail
  • provide adequate reference material such as, but not limited to, links, images, Polyvore “Sets”, Instagram account, PDF mood boards, word mood boards, comprehensive Pinterest Board with a range of images
  • denote your style, colours, typographic preferences
  • end result goals described in detail.

If a brief is incomplete Diane Penelope will not be held accountable if the end result is not what was in the mind of the “client”. The brief form is the only document that I have from which to create your project. Diane Penelope may ask for additional information, however, if that is not forthcoming Diane Penelope cannot be held accountable if “the client” is unhappy with the end result. Diane Penelope cannot emphasize enough to please make sure the brief document is completely thorough and every aspect of your project answered and considered. I will, of course, interpret this taking into account my knowledge, experience, trends, and fashion, but the more I know about your business from a visual and stylistically point of view. Words such as elegant, glamorous and chic do not tell us what you want, I need specific visual references of what you mean but terms such as these.

If information, specifications or wishes are not included in the brief, they will not be included in the project.


Diane Penelope may discontinue services if an amount payable to Diane Penelope is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, “The Client” remains liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. If the invoice remains unpaid, copyright on all work remains with Diane Penelope and I will sell the artwork in a library on from my site to recover lost revenue and outstanding costs.


“The client” agrees to provide timely responses to Diane Penelope after receiving status notifications, work for review or requests for information.

The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Diane Penelope will deem the project complete. At such time, Diane Penelope shall have no further obligation to the client, and the client shall pay Diane Penelope all fees and expenses associated with the work performed.

Diane Penelope will use all reasonable efforts to meet quoted completion dates. However, time is not the essence of the Contract and I will not be liable in cases of late reporting, however, caused, nor shall lateness be deemed to be a breach of contract or an act of negligence.


Diane Penelope takes pride in professional courtesy and manners and hopes our clients do too. “The Client” agrees to behave through all communications in a professional, courteous and respectful manner towards designers and staff at Diane Penelope. Any actions toward staff or designers at Diane Penelope deemed by us as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of “The Client” may result in a cancellation of the project and 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.

Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer’s general ability, disrespectful comments, personal insults, swearing, flaming on social media sites, personal insults, threats not to pay for the work for unwarranted reasons, bullying behaviour toward junior staff and general lack of respect. Please note: It would be extremely rare for Diane Penelope to use this clause, and the client behaviour would have to be extreme and affect other areas of our staff and designers’ work.


“The Client” agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for “The Client” by Diane Penelope during the course of this project (quantity to be specified by us). “The Client” also agrees to allow a small credit with a link to the front page at on the footer of any/all pages designed by Diane Penelope. Removal of this credit constitutes a breach of these terms and conditions.

“The Client” also agrees to allow Diane Penelope to showcase any/all work created in the course of a project as part of Diane Penelope portfolio, including unused concepts. Diane Penelope acknowledges the confidential nature of projects and agrees to only display project work once the product/site has been publicly launched/commenced.


Diane Penelope 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 Diane Penelope including but not limited to war, 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.


It is agreed that the fee for service shall be the cost estimates provided via email unless work undertaken exceeds the work outlined. If work is 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 which is known as the quote form submission and or the brief form submission. Wherever possible the client will be notified of increases in the scope of the project. “The client agrees to pay additional fees for work requested beyond the scope of the brief submission and or the quote submission. Diane Penelope will endeavour to inform you of this increase, but be aware that this may not always be possible and so it will appear on your final bill if you do request additional work.


This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.

Changes to any Supplies completed (Author’s corrections) or part completed requested by the client or any other part beyond my control will be charged to the Client on a time basis at of $75 (One hundred dollars Australian) per hour + GST (Goods and Services Tax – Australia)

Should additional design not initially quoted for being 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 “Diane Penelope” 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.

In the case of time billed work, I keep very accurate logs of time on projects and these are provided in the client invoice.


It is agreed that all work and materials provided for “The Client” by Diane Penelope without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.

It is agreed that “Diane Penelope” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including the 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 I shall notify “The Client” in writing of full details of any such claim.

Under no circumstances shall Diane Penelope be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the Supplies prepared by Diane Penelopeincluding (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, the award of costs, et.. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Indemnity: “The client” agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.


While Diane Penelope takes all care to avoid errors, I accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proofread 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” proofreading.


It is agreed that the Diane Penelope 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 either verbally or in writing), committed to print or posted in view of the public. Blossom will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify Diane Penelope 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 Diane Penelope 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.


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 Diane Penelope.


In accordance with the Australian Copyright Council, the production of any original design work automatically deems Diane Penelope the author and therefore the owner of such work. Ownership pertains to all original electronic files only. “The Client” is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If original electronic files are required by the Company it must be negotiated with Diane Penelope and will incur additional fees.

IMPORTANT NOTE: Rights to use any artwork created by Diane Penelope are granted only upon receipt of package payment in full, provided that payment in full is made within 5 working days of the completion date. If final payment is made after 5 working days of completion, your invoice and contract with Diane Penelope are null and void and rights will not be granted without re-evaluation by Diane Penelope and determined in writing. All payments made to Diane Penelope are non-refundable.

Diane Penelope retains full ownership of design concepts and materials it produces in the course of a project. Once a final concept is delivered to a client and full payment for the entire package, unless otherwise states, is received, the final files will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice. Upon full payment, the client shall be granted ownership/usage of the final artwork as specified in the original quote/invoice. If an invoice is outstanding for more than 60 days Diane Penelope will place the item for sale on an image library or our website to recovered outstanding costs.

Unused concepts remain the property of Diane Penelope. Diane Penelope may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Diane Penelope 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, Diane Penelope retains ownership of all artwork and website architecture. Diane Penelope reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.

Diane Penelope 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 Diane Penelope 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 Diane Penelope shall be outlined in the Project Proposal. For additional usage, the 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 Diane Penelope until such time an agreement is in place. As part of Diane Penelope terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. Diane Penelope 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 Diane Penelope in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Any material supplied to Diane Penelope by “The Client” in the project brief or duration of the project, shall be free of copyright restrictions, owned by or licensed to “the client” for use by Diane Penelope for use course of the project. Diane Penelope will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.


  • Platforms:
  • Windows (version 98 up to current full version)
  • Macintosh (OS 10.1 up to current full release version)
  • Browsers:
  • Internet Explorer- version 8 up to current full release (we do not support IE6 or 7)
  • Firefox 2 up to current full release
  • Apple Safari- version 4 up to current full release
  • Google Chrome
  • Browser Plug-ins:
  • The current version of Flash Player
  • Windows Media Player
  • QuickTime


This proposal assumes goodwill from both Diane Penelope and “The Client” regarding:

What can reasonably be achieved in a given time frame

Making the best use of resources to achieve the most effective outcomes


If a client loses or accidentally deletes the files delivered by Blossom at the completion of the project, Blossom can re-upload to DropBox, for a fee of $50 per request (plus GST if applicable).


We digitally send all artwork. I do not send artwork on USB drives or CDs or DVDs.


“The Client” agrees to allow “Diane Penelope” to place a small credit on printed material exhibition displays, advertisements and/or a Diane Penelope’s own website on the customer’s 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 “Diane Penelope” to place websites and other designs, along with a link to the client’s site on “Diane Penelope’s” own website for self-promotional purposes.


The majority of Diane Penelope clients come from outside Australia. Being a niche market I am a global specialists in the field of feminine graphic and web design and as such create work across the planet, using contemporary communication methods such as Skype, DropBox, Action Method, email and chat, along with the more traditional devices such as a 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 Diane Penelope. 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 Diane Penelope and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $75 per hour plus GST.

If a project is cancelled by Diane Penelope, 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 Diane Penelope. I reserve the right to sell artwork to cover costs.


Once web design is complete,” Diane Penelope” will provide the customer with the opportunity to review the resulting work. “Diane Penelope” 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 “Diane Penelope” by e-mail and confirmed by post.”Diane Penelope” 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 $75 AUD plus GST if applicable.

In the case of e-commerce sites, Diane Penelope provides basic training to “The Client” for the ongoing self-maintenance of their web design project prior to handing over the web design project. Unlimited access to the Big Commerce Knowledgebase is also supplied.

Where “The Client” requires additional support including replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, blogs, navigation structure changes or attempted updates by Client repairs, major page code and/or graphics changes and additions will be charged at my standard hourly rate. (Notice: As at 1 September this rate is $75 plus GST (Good and Services Tax payable only by Australia clients) and can change at any time without notice.)


It is agreed that employees of “Diane Penelope” 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”.


Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

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 “Diane Penelope” unless prior arrangements have been made. “Diane Penelope” shall at its sole discretion suspend any and all services provided to the client by “Diane Penelope” 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 monies 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 its an 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.

Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalised) at the end of each month and form part of the principal debt.

Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

“Diane Penelope” retains all copyright for work performed until full project costs have been paid. “Diane Penelope” reserves the right to reuse or resell work undertaken in the case of a payment default.

“Diane Penelope” 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.


All 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 “Diane Penelope” prior to the commencement of work outlined in this submission.


All contractors employed by “Diane Penelope” are held to a strict confidentiality and non-disclosure agreement. Contractors of “Diane Penelope” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Diane Penelope”. If a this was to be breached by the contractor “Diane Penelope” will take swift and reparatory measures to ensure the “The Client” is made aware that the contractor in question is no longer a representative of “Diane Penelope” and acting independently. Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.

“Diane Penelope” aim for complete security of my valued clients and if I select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “Diane Penelope” guidelines of professional behaviour and ethics.


“The Client” will automatically be added to my newsletter database. If “The Client” does not wish to receive these newsletters please opt-out on receipt of the newsletter.


Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Diane Penelope take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, the Diane Penelope 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 Diane Penelope. I try to keep the information up-to-date and ensure that it is correct, however, I 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. Diane Penelope 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. Diane Penelope has no control over websites that are linked to this website. Those third party websites are under the control of their owners, and Diane Penelope will not be held liable for your use of those websites. By linking to these sites, I am not endorsing or recommending any information or views expressed in the content on those sites.