Commencement of Work
Acceptance of quote/proposal from One Big Sky constitutes agreement to these terms and conditions.
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 additional work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
Payment
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. One Big Sky endeavours to provide graphic 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 pro-rata 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.
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. Accounts which remain outstanding for 14 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. 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.
Additional Work
This is defined as any work involving additions to the list of items defined in the Project Proposal/Quotation 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 $70 (plus GST if applicable) per hour will be payable.
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.
Urgent work requested outside of the scope of the Services which is required outside of ordinary business hours or to the detriment of concurrent work for other clients will be charged at an hourly rate equalling and additional 25% of Creative Mind’s ordinary hourly fees as set out in the quotation.
Publication and/or release of work performed on behalf of the client by One Big Sky 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 client terminates the contract, after work has commenced.
Resending Completed Files
If a client loses or accidentally deletes the files delivered by One Big Sky at the completion of the project, One Big Sky can re-send files for a fee of $30 per request (plus GST if applicable).
Approval of Final Artwork
While One Big Sky Pty Ltd takes all care to avoid errors, One Big Sky Pty Ltd accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is 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.
Print Returns and Refunds
It is agreed that the One Big Sky Pty Ltd 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. One Big Sky will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify One Big Sky 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 One Big Sky 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 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 One Big Sky.
Copyright
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 One Big Sky until such time an agreement is in place.
One Big Sky retains full ownership of design concepts and materials it produces. Only finished art files suitable for reproduction will be supplied to The Client. Raw/working/source files remain the property of One Big Sky unless otherwise negotiated. ‘Finished artwork’ is as defined in the proposal/quotation and is dependant on the scope of work. Raw/working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.
Once a concept is approved, finished artwork is delivered to a client and full payment is received, the agreed ownership rights to the finished artwork transfer to the client. Unused concepts remain the property of One Big Sky and includes design proposals and concepts submitted but not approved for the work outlined.
Until final payment One Big Sky retains ownership of all artwork and website architecture. One Big Sky reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
One Big Sky 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 One Big Sky 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. For additional usage, price will be assessed and quoted as needed.
One Big Sky 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 One Big Sky in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Social Media and Content Management Services
One Big Sky has no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilised for campaigns. One Big Sky has no say with respect to the type of content that social media channels accept now or in the future.
You acknowledge that One Big Sky makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to One Big Sky for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
Minimum term of any Social Media and Content Management service is three months. Cancellations of any ongoing Social Media Services must be made in writing. If One Big Sky does not receive notification that the campaign should be stopped after the three month period in writing, you agree that One Big Sky will continue working and payments will continue to be made on a monthly basis.
One Big Sky reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, One Big Sky will refund your money for any services not yet rendered.
Open Source Software
One Big Sky makes use of open source software and components to supply design services to you. One Big Sky will not charge additional licensing fees on open source software.
You indemnify One Big Sky against any loss or damage arising directly or indirectly from any failure of software supplied to the you.
All software and components not developed by One Big Sky retain the original license and terms associated with them. One Big Sky cannot assign any rights to you and you agree to be bound by the original Author’s terms.
Termination Policy
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 One Big Sky. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by One Big Sky and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $100 per hour plus GST.
If a project is cancelled by One Big Sky, 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 One Big Sky.
Liability and Litigation
It is agreed that all work and materials provided for The Client by One Big Sky 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 One Big Sky 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 One Big Sky 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 One Big Sky 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.
Confidentiality
It is agreed that employees of One Big Sky 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.
Freelance Contractors and Confidentiality
All contractors employed by One Big Sky are held to a strict confidentiality and non-disclosure agreement. Contractors of One Big Sky are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with One Big Sky. If this was to be breached by the contractor One Big Sky will take swift and reparatory measures to ensure the The Client is made aware that the contractor in question is no longer a representatives of One Big Sky and acting independently. Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
One Big Sky 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 One Big Sky guidelines of professional behaviour and ethics.
Late Payments and Default
Accounts which are not paid within 7 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 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 “One Big Sky “, unless prior arrangements have been made. One Big Sky shall at it’s sole discretion suspend any and all services provided to the client by One Big Sky 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 obligation to pay the due amount. Files on external servers, such as cloud digital storage 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 agrees to pay One Big Sky reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
One Big Sky retains all copyright for work performed until full project costs have been paid. One Big Sky reserves the right to reuse or resell work undertaken in the case of payment default.
One Big Sky 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 conditions
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 One Big Sky prior to the commencement of work outlined in this submission.
Force Majeure
One Big Sky 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 One Big Sky 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.
Disclaimer
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such One Big Sky take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however One Big Sky cannot be held responsible for variations between expectation and outcome.