These Terms and Conditions are supplied with every quote and must be signed before I start work to ensure all clients fully understand all responsibilities during a project. Please contact me to discuss any queries or concerns you may have before accepting them.
Diane Penelope Design’s Terms and Conditions of Quotation and Sale
These are the terms and conditions of quotation and sale of all products and services supplied by Diane Penelope Design Web & Graphic Design (“Diane Penelope Design”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Diane Penelope Design and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.
General
Quotations are valid for a period of 30 days.
All orders placed with Diane Penelope Design shall only be accepted subject to these terms and conditions and Diane Penelope Design may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Diane Penelope Design to the client.
If a client cancels or alters any order or part order at any time after Diane Penelope Design has received the order then Diane Penelope Design reserves the right to render additional costs to the date of such cancellation or alteration.
Terms of Payment
All time billed design will incur an hourly rate of $80 per hour (plus GST if applicable) will be subject to the following terms & conditions:
- an initial deposit of $500 AUD will be payable, with any amount not used from this deposit at the end of the project to be refunded to client on conclusion of any design work;
- invoices will be sent weekly or when the total reaches $500 AUD or more, whichever comes first;
- invoices are COD and must be paid before additional work commences;
- the hourly rate for graphic and web design is $60 AUD;
- printing or web hosting require prepayment on receipt of invoice.
For proposals and quotations of fixed costs of $1000 will be subject to the following payment terms:
- 50 percent deposit on receipt of signed quotation approval;
- 40 percent on design sign-off of website or print work;
- 10 percent balance upon either of the following:
- if a website, prior to “go live”;
- if print work, prior to finished work being handed to the client and/or forwarded to the nominated printer.
- All payments are to be made in full within 7 days of the date of invoice.
- For quotations under $1000 the client shall make payment within the following terms:
- Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;
- All payments are to be made in full within 7 days of the date of invoice.
Payment shall be made by either direct electronic deposit or PayPal.
St George Bank Diane P Kennedy BSB: 112-879 Account Number: 474 752 298
Paypal: diane@dianepenelope.com (or just click through on the online version of the Estimate/Invoice).
If the client fails to make payment, Diane Penelope Design shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Diane Penelope Design). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
Requests beyond the scope of the initial estimate will incur an hourly rate of $80 per hour and where ever possible the client will be informed when this is the case. If the project changes during the process the deposit will cover the hourly rate until it runs out. If work continues it will either be requoted or billed weekly at the hourly rate of $80.
Diane Penelope Design shall also be entitled to claim from the client all costs relating to any action taken by Diane Penelope Design to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.
Note: the deposit is non-refundable once contract is signed. If a client changes their mind mid way through a project, the deposit is not refundable, and any time incurred above the deposit is payable to cancel the contract.
Copyright and Ownership
All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Diane Penelope Design shall be the absolute property of Diane Penelope Design and the client shall not use such material in any media until payment is made by the client to Diane Penelope Design.
The copyright for all purposes in any ideas, designs, Artwork, compositions, symbols, logos and other trade indicia prepared or developed by Diane Penelope Design (“the copyright work”) vests in Diane Penelope Design.
In consideration of payment by the client, Diane Penelope Design as the beneficial owner assigns to the client the copyright work.
Diane Penelope Design shall retain copyright ownership of all draft concepts, artwork, compositions, symbols and logos (“the draft artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Diane Penelope Design’s title in the draft artwork.
Diane Penelope Design may use any artwork/design for self promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. A small discreet Diane Penelope Design’s ‘designed by’ link will remain for the life of the design except by negotiation along side any copyright notices of the client, unless otherwise negotiated.
Revisions and Supply of Content
Unless otherwise negotiated or Diane Penelope Design’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Diane Penelope Design assumes all written content adheres to copyright laws.
Images are also expected to be supplied before work begins, unless by prior negotiation or if using Diane Penelope Design’s photography, photo imaging, retouching, optimising or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or high resolution JPEG files (300 dpi). Diane Penelope Design assumes that all correct permissions have been sought and/or royalties paid for images used.
Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek my agreement before proceeding with any work that will incur additional charges.
Project Duration and Client Response Time
The client agrees to provide timely responses to Diane Penelope Design 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 Design will deem the
project complete. At such time, Diane Penelope Design shall have no further obligation to the client, and the client shall pay Diane Penelope Design all fees and expenses associated with the work performed.
Hosting/SEO/Maintenance Contracts
The client agrees to pay any fees for hosting, SEO and or website maintenance contracts via regular automatic direct debit or credit card payments unless otherwise negotiated. A late fee may apply if payment is late or insufficient funds are available causing Diane Penelope Design additional work or bank penalties. Should the client wish to break this contract and take their hosting, SEO and or website maintenance elsewhere, they will be required to pay the full amount for any remaining months left on their original contract before any files will be transferred to their ownership.
Force Majeure
Diane Penelope Design 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 Design 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.
Governing Law
The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Diane Penelope Design may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Diane Penelope Design may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate sitting in the State of New South Wales applying the laws of the State of New South Wales.
External Contractors
I may on occasion employ the services of other designers/developers but only in the case that they are as or most experienced that myself and I have an ongoing professional relationship with them. In the case that the work is not performed to standard I guarantee any expenses and reparation this may cause (ie if there is a problem I will fix it).
Final Note
I sincerely looked forward to working with your to help your business to grow and develop from a visual and digital brand perspective. Any activities that I assist you with are performed with heart, skills and experience and I aim to create the most appropriate solution that is transparent at every level, timely and cost realistic and effective. If you ever have any questions regarding these terms and conditions, please call me on 0405 324 369 or internationally 61 405 324 369 or email me in diane@dianepenelope.com
