Katie Hurst Designs

Graphic Design + Web Solutions

Terms & Conditions

Katie Hurst Designs Service Agreement


Please take time to read through the Katie Hurst Designs Terms and Conditions thoroughly and ensure you understand them before you commence a project with us.

Please note that from time-to-time Katie Hurst Design may need to alter these Terms and Conditions without notice. You should check this page from time to time to ensure that you are aware of changes. This policy is effective from January 2021.

By requesting designs and/or services from Katie Hurst Designs you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.
 
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Katie Hurst Designs (Designer), unless otherwise agreed to in writing by both parties.
  • These Terms and Conditions cover all Contracts entered into by a Client with the Designer for services relating to graphic design, brand identity, web design and digital marketing.
  • These Terms and Conditions are subject to change without notification by the Designer.
  • These Terms and Conditions apply to the Designer and all of its contractors and subsidiaries.
  • The Designer and the Client will attend an initial consultation at no charge to the Client. This can be held via phone, email or in person. A Brief will be constructed through the collection of logos, designs and information received from the Client. This will assist in the evaluation and formulation of the Client’s business design requirements.
  • A Proposal/quote will be constructed on the approval of the Brief for the Client’s acceptance and signature.
  • Acceptance of the Proposal/quote from Katie Hurst Designs, with payment of 50% of the quoted amount to commence any project (with the balance payable prior to delivery), constitutes an agreement to these Terms and Conditions and the commencement of work.
  • This deposit is non-refundable. In the case of a change of mind by the Client, this deposit is non-refundable. The Designer endeavours to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a change of mind by the Client, after the project has commenced, the initial 50% deposit is forfeited. The Designer will determine the cost of artworks and services provided. The Client will be invoiced this amount. The Client will only pay what exceeds 50%.
  • The Client will have the right to a number of revisions (quantity agreed on in Proposal/Quote) during the project.
    • The Designer will not charge for additional revisions of logo artwork provided that the Client’s requests for revision conform to the original Design Brief and are communicated within the agreed timeline (if provided).
  • After the Proposal/Quote is accepted, any additional work or variations outside the original Brief will be charged at an hourly rate. As at 1.1.21, Katie Hurst Designs bills at $90 an hour, billed in 15-minute increments. Additional expenses will be charged accordingly.
    • The Designer reserves the right to charge a 50% per hour surcharge for work required after hours (9am-5pm weekdays) to meet deadlines if the delay was due to client failure to supply or proof files, or late request of changes.
  • If no delivery date for final artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed on the invoice; the length of time between consultation and delivery of final artwork will have no effect on the requirement to remit funds on invoicing.
  • Quotations are generated by the Designer based on the consultation, visual brief and expected time investment. Quotations may be subject to change if additional work is required.
  • All quoted turnaround times are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
  • All quotation valid for 14 days only.
  • All quotations exclude GST. Katie Hurst Designs is not required to charge GST.
  • All Prices are in Australian dollars.
  • Quotations do not include additional requests, changes or alterations unless mentioned in the quote. All additional work outside of what is listed in the quote will be billed at $90 hour, billed in 15-minute increments.
  • The Designer reserves the right to request a deposit from the Client prior to starting work on their project or artwork (50% non-refundable). If a deposit is requested by the Designer, an invoice will be generated and delivered to the Client via email and payment is expected. By depositing funds to Designer, the Client is accepting the Terms & Conditions and have entered into a contract with Katie Hurst Designs.
  • If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Designer.
  • The Client will be sent an invoice for the remaining cost prior to the supply of the final artwork files. The final artwork files will not be given until the full payment has been received in from the Client.
  • The Client reserves the right to request a payment plan which may be accepted by the Designer at its discretion. All payment plans must be agreed to both parties in writing.
  • All prices quoted on Katie Hurst Designs website and advertising material exclude delivery unless stated and exclude GST.
  • Payment is to be made via direct deposit.
  • All payments are to be made within 7 days of invoicing. If an account is considered in default, unpaid after 15 days from the date of the invoice, the Designer shall at its sole discretion suspend any and all services provided to the Client by Katie Hurst Designs or its subsidiaries, including, but not limited to, hosting, website design files, concepts, artwork, reports, insights, email, and may employ debt collection measures until the total outstanding balance has been fully paid.
  • The Designer is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes (debt collection fees, legal fees and court fees) for accounts that remain unpaid in excess of 30 days.
  • The Designer reserves the right to delete websites with accounts more than 90 days of the outstanding payment. Suspension of such services does not relieve the Client of its obligation to pay the due amount.
  • All printing accounts must be settled in full prior to the release of the files to the printer.
  • Katie Hurst Designs runs mainly as an online business almost all communication is done through email. This allows us to keep a record of project requests, revisions and approvals. All requests are to be given in email prior to any changes to be made.
  • The Designer reserves the right to charge additional costs if the Client requests amendments to the original Brief, the original project outcome is altered, or further artwork is requested.
  • If the Client requests the cancellation of a Contract, The Designer will determine the cost of artwork and services provided. The Client will be invoiced this amount. The first 50% deposit is non-refundable. The Client will only pay what exceeds 50%.
  • In the event of cancellation of the project by the Client, ownership of all copyrights and original artwork and files shall be returned and retained by Katie Hurst Designs.
  • If a project is cancelled by Katie Hurst Designs, due to unforeseen circumstances, the deposit will be refunded in full to the Client in a timely manner.
  • Publication and/or release of work performed on behalf of the Client by the Designer will 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.
  • If a Client loses or accidentally deletes the files delivered by Katie Hurst Designs at the completion of the project, the Designer can re-send files for a fee of $50 per request. Providing the request from the Client has been made within 2 years from the date of completion.
  • The Designer will not archive projects older than 2 years from completion unless requested by the Client in which charges apply.
  • In a website maintenance plan with Katie Hurst Designs, the files will be kept active for as long as needed.
  • The Designer will declare a project completed if no response is received from Client within 30 days of providing a concept artwork and this artwork will be determined as the final accepted artwork. The Designer will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Designer to recover all monies owed.
  • The Client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to, design, spelling, grammar, illustrations, images and quantity. Katie Hurst Designs accepts no responsibility for imperfect work caused by defects in or unsuitability of the material delivered by the Client.
  • The Client is responsible for ensuring the use of the Client’s own and any third parties photographs, images, sounds and text in the material delivered by the Client to the Designer does not infringe third party Intellectual Property Rights.
  • The Client is to proofread and approve all final copy before the production of artwork. The email verification of the Client 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 to oversights by the Client’s proofreading.
  • The Client’s final accepted proof is the artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Print out of Client’s proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.
  • Katie Hurst Designs will not be responsible for any changes or amendments made after approval. It is the sole responsibility of the Client to notify the Designer 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 the Designer within 2 days 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 a re-printed project must be prepaid.
  • In printing material, there may be some colour variations from what the Client has seen on screen, to what the final product looks like, and/or previous orders. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at the expense of Katie Hurst Designs.
  • Artwork source files (working files) will be issued upon client request, for an additional fee paid by Client. Any file fixes and adjustments will be made at the client’s expense. Katie Hurst Designs reserves the right to refuse any future work on files once supplied to Client.
  • Turnaround time can vary depending on the scope of the project and how quickly a client provides all the required items requested. As well as the availability & current workload of Katie Hurst Designs.
  • Although the Designer makes every effort to meet clients deadlines all quoted turnaround times are estimates only. The Designer will not be held liable for any costs resulting from late artwork.
  • It is the client’s responsibility to provide feedback and revisions in a timely manner to keep the project deadline.
  • If a client deliverable (such as feedback, approvals, payment, content, images or anything else required to complete the project) is late more than 10 business days the project will be considered “on hold”. Once the deliverable is received the project will be re-activated and rescheduled according to Katie Hurst Designs current workload and availability. This could be a delay of 1-4+ weeks.
  • Clients who choose to submit their own artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready artwork with the correct specifications. We will print the Client’s submission as requested however the Designer is not responsible for artwork mistakes. The Designer is also not liable for supplied file errors. There will be no reprints at our expense.
  • Clients are reminded that when artwork is trimmed, the bleed cut can vary in position up to 2-5mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying artwork.
  • It is the Client’s responsibility to ensure that any artwork, images, files and text submitted does not violate Australian copyright laws. The Designer and its contractors assume all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
  • All images, illustrations, designs & content displayed on www.katiehurstdesigns.com.au, Katie Hurst Designs Instagram, Facebook, Twitter and LinkedIn accounts are subject to copyright. They cannot be copied or used in any way without written consent from Katie Hurst Designs and the client concerned. Any use or copying of images, images, illustrations, designs & content without consent may result in legal action being taken.
  • Ownership of copyright over all concepts, draft artwork and website architecture remains with Katie Hurst Designs. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these artworks by the Client is strictly prohibited. The use of artwork prior to payment is illegal. For more information visit http://www.copyright.org.au/information
  • The Designer reserves 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.
  • Artwork designed will remain the property of the Designer until account is paid in full. Future reprint requests of the same artwork will only incur a print management fee.
  • Upon full payment of account, copyright ownership will be transferred to the Client. Copyright will remain property of the Designer until such time as an agreement is in place (Australian Copyright Act (1968), “licensing of copyright is subject to a mutual agreement made between client and designer”). Unused concepts remain the property of the Designer and include design proposals and concepts submitted but not approved for the work outlined.
  • Only finished art files suitable for reproduction will be supplied to the Client. Raw/working/source files remain the property of the Designer unless otherwise negotiated.
  • All services provided shall be for the exclusive use of the Client’s said purpose only. Designs may not be used for other promotional items, web sites or printed materials without permission from Katie Hurst Designs. For additional usage, the price will be assessed and quoted as needed.
  • The Designer reserves 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 Katie Hurst Designs in print or digital media, portfolios, social media and blogs, except where the Client has specifically requested in writing otherwise.
  • Katie Hurst Designs outsources printing services. Quotes for printing will be provided upon request. Printing will not commence until full payment for artwork and print services is received.
  • Turnaround times are dependent on the product type and the supplier. Clients will be informed on the estimated turnaround time and delivery dates when updates from the supplier are supplied.
  • With all printing there may be some colour variations from electronic visual representations of artwork and previous orders to the final printed artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
  • Katie Hurst Designs cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
  • The Client agrees to allow Katie Hurst Designs to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.
  • The Client also agrees to allow the Designer to place websites and other designs, along with a link to the Client’s site on the Designer’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.
  • Upon completion of web site build, Katie Hurst Designs will provide the Client with opportunity to review the resulting work. The Designer will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).
  • Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
  • The Designer can be notified of any minor requested changes by email. The Designer will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.
  • The Designer builds web sites according to the trends of SEO at the time of building. We will help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client.
  • The Designer cannot guarantee and cannot reimburse the Client against any claims regarding the following: the presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.
  • If the Client is dissatisfied with web site listings, the Client can contact the Designer to arrange an evaluation of web site.
  • The Designer takes no responsibility for duplicate content found on the Clients website or if the website is search engine blacklisted due to the written content or images of their site.
  • The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk and Email not functioning.
  • The Designer does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses and Emails errors of any kind.
  • The Designer holds no responsibility if your email addresses are targeted with spam as it is outside of our control. The Designer holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.
  • The Designer build and design websites to the best of their knowledge at the time of completion. The Designer cannot take responsibility if the Client’s site is “hacked”. The Designer does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Designer does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.
  • The Designer may make use of open-source content management systems to build websites to clients. The Designer will not charge additional licensing fees on open-source software.
  • All software and components not developed by the Designer retain the original license and terms associated with them. The Designer cannot assign any rights to clients and clients are bound by the original author’s terms.
  • The Designer is not responsible for open-source software upgrades when old versions of the software are no longer supported and as such pose a security risk to the website. Open-source software upgrades can be undertaken by The Designer at an additional cost outside of the scope of this agreement or during website maintenance plans with the Client.
  • As the standard open-source software used by the Designer, the clients are required as part of this agreement to read about WordPress licensing and security upgrades or other open-source software applications as advised by the Designer.
  • CMS websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to The Designer are the responsibility of the site owner.
  • Web sites are built using the latest software available at the time. All website terms and conditions also apply to CMS.
  • The Designer does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of the Designer.
  • The Designer does not hold any responsibility for misuse of the CMS or website.
  • The Designer does not back up web site content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their web site.
  • Katie Hurst Designs has no control over the policies of Facebook, Twitter, YouTube, LinkedIn, Pinterest and all other social media channels being utilised for campaigns. The Designer has no say to the type of content that social media channels accept now or in the future.
  • The Designer makes no warranty that the social media campaigns the Client creates may generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose.
  • The Client guarantee that any element of the text, graphics, photos, designs, trademarks, or other artwork provided to the Designer for inclusion in any project are owned by the Client or that the Client has permission from the rightful owner(s) to use each of the elements.
  • The Designer shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Designer 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 Designer 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.
  • All contractors employed by the Designer are held to strict confidentiality and non-disclosure agreement. Contractors of the Designer are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with the Designer. If this was to be breached by the contractor, the Designer will take swift and repairer measures to ensure the Client is made aware that the contractor in question is no longer a representative of the Designer and acts independently. Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
  • The Designer aims for complete security of its clients and when it selects contractors it is based upon references, and global checks with previous employers, as well as compliance with strict the Designer guidelines of professional behaviour and ethics.
  • During the completion of the project, the Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any Designer, employee or Design Agent of Designer, whether or not said person has been assigned to perform tasks under this Agreement.
  • Graphic Design, web design, branding strategy and marketing are all highly creative and subjective art forms. As such, Katie Hurst Designs takes every possible care with professional advice offered, and any suggested creative concepts and/or their implementation, however, the Designer cannot be held responsible for variations between expectation and outcome.
  • All information contained in the Designer’s website is intended for general information purposes only. The information is provided by Katie Hurst Designs. The Designer tries to keep the information up-to-date and ensures that it is correct, however, the Designer makes no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in its website, or any products, services, links, or graphics that may be found on its website.
  • Katie Hurst Designs will not be held liable for any loss or damage, or loss of data from the Client’s use of its website, or in connection with its website. This includes indirect or consequential loss or damage. The Designer has no control over web sites that are linked to the Client’s website.
  • The third-party websites are under the control of their owners, and the Designer will not be held liable for the Clients’ use of those websites. By linking to these sites, the Designer is not endorsing or recommending any information or views expressed in the content of those sites.
  • All and any amendment to the Terms and Conditions outlined in this submission must be provided by the Client in writing and signed by an authourised representative of Katie Hurst Designs prior to the commencement of work.

If you have any questions about these Terms & Conditions, please contact us.

Last updated: February 2, 2022

 




Graphic Design + Web Solutions