TERMS AND CONDITIONS

Below are Cara Jane Diffey (throughout this document will be referred to as CJD) standard terms and conditions.  Please contact me if you do not understand any of the terms and conditions in this document.

This website showcases the creative work, services and portfolio of CJD, a commercial illustrator and artist based in Australia.

The content on this website is provided for general information and promotional purposes only and may be updated without notice.


INTELLECTUAL PROPERTY

Unless otherwise stated, all content displayed on this website is owned by CJD and is protected by Australian and international copyright laws.

This includes, but is not limited to:

  • Illustrations

  • Artwork

  • Sketches

  • Concepts

  • Character designs

  • Murals

  • Packaging artwork

  • Graphics

  • Photographs

  • Mock-ups

  • Written content

  • Logos

  • Branding elements

  • Website design

Viewing artwork on this website does not transfer ownership or grant permission to use any content.


COMMENCEMENT OF WORK

Agreement to work with, submission of a design brief or payment of deposit to CJD constitutes agreement to these terms and conditions.


QUOTATIONS

All Quotations are provided by CJD free of charge and are valid for 30 days from the date of issue. 

ENQUIRIES

Submitting an enquiry through this website does not create a contractual relationship. Quotes, project timelines and availability are subject to confirmation All commissions are governed by separate project agreements and licensing terms.


PAYMENT TERMS

The client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the remaining balance payable prior to delivery, upon completion of work. 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. CJD endeavours to provide 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. If over 80% of the project has been completed, the client will be invoiced for this amount.

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. 

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.

REVISIONS

Any and all corrections, changes or amendments to a project must be provided to CJD in writing. Each quotation allows the client three rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the three rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $80 per hour + GST.

APPROVAL OF FINAL ARTWORK

Whilst all care is taken by CJD in producing proofs and final artwork, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading. CJD accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.

INCOMPLETE & CANCELLED PROJECTS

The client, within 14 calendar days of receipt of each proof, shall notify CJD of any corrections, changes or amendments the client wishes to be made. Should the client fail to contact CJD within 14 calendar days of receipt of proof/s, and notify CJD of any corrections, changes or amendments, or of final proof approval, CJD reserves the right to consider the project finalised, and issue an invoice for payment of work completed.

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 CJD. 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 CJD and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice.

If a project is cancelled by CJD, due to unforeseen circumstances, the deposit for the cancelled items and those items only will be refunded in full to the client in a timely manner.

LIMITATIONS

While every effort is made to ensure information on this website is accurate, we do not guarantee that the website will always be complete, current or error-free.

To the maximum extent permitted by law, CJD is not liable for any loss or damage arising from use of this website.

COPYRIGHT

All artwork remains the intellectual property of CJD unless expressly assigned in writing.

No artwork displayed on this website may be:

  • copied

  • reproduced

  • traced

  • downloaded for commercial use

  • edited

  • adapted

  • recreated

  • republished

  • distributed

  • sold

  • licensed

  • incorporated into another design

  • used as reference to create substantially similar artwork

without prior written permission.

Unauthorised use may constitute copyright infringement under the Copyright Act 1968 (Cth).

Some work may be published on the CJD website including logos, website, contact details or referral to your business. Please notify CJD if you do not wish for your any or all items of the work to be published.

CJD does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, or Photoshop).  Should the client request these files, an additional fee will be incurred.

PRIVACY

Any personal information submitted through this website will be handled in accordance with our Privacy Policy.

Information submitted through contact forms will only be used to respond to enquiries and provide requested services.



COMMERCIAL USE

No artwork displayed on this website may be used for commercial purposes without a written licence from CJD.

Commercial use includes (but is not limited to):

  • branding

  • packaging

  • advertising

  • websites

  • social media

  • merchandise

  • apparel

  • books

  • publications

  • murals

  • marketing campaigns

  • digital products

  • NFTs


ARTIFICIAL INTELLIGENCE

To protect the originality and integrity of our work:

No artwork, concepts, sketches or imagery from this website may be:

  • uploaded into AI image generators

  • used to train machine learning systems

  • used as prompts for recreation

  • modified using AI software

  • incorporated into AI datasets

  • used to generate derivative works

without prior written permission.

This restriction applies to both commercial and non-commercial use.

PORTFOLIO EXAMPLES

Artwork shown on this website may have been created for clients.

Unless otherwise stated:

  • copyright remains with CJD or the relevant copyright owner

  • trademarks remain the property of their respective owners

  • artwork is displayed solely for portfolio purposes

Nothing on this website should be interpreted as granting permission to reproduce client work.


RETRIEVAL OF WORK

CJD retains electronic archives of completed works for a period of no longer than 2 years. If the client requests retrieval and delivery of the works after the term has expired, and CJD provides those services, then the client must pay CJD a service charge for those services. 

LATE PAYMENTS & DEFAULT

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 CJD, unless prior arrangements have been made. CJD shall suspend any and all services provided to the client and employ debt collection measures until the total outstanding balance has been fully paid. 


PROMOTION

CJD retains the right to publish and display any client projects in CJD’s portfolio, website, design periodicals, and other media or exhibits.


THIRD PARTY LINKS

This website may contain links to third-party websites for your convenience. CJD is not responsible for the content, security or privacy practices of external websites.


LIABILITY

The Client shall indemnify CJD in full for all costs, losses either direct or indirect in any way incurred by the Client; and, where any such action by the Client causes loss or damage or liability of any kind howsoever to CJD in connection in any way with the Services rendered.

GOVERNING LAW

These Terms & Conditions are governed by the laws of New South Wales, Australia. Any disputes arising from the use of this website will be subject to the exclusive jurisdiction of the courts of New South Wales.


CONTACT

For licensing, commissions or copyright enquiries, please contact:

Cara Jane Diffey

Website: www.carajanediffey.com

Email: hello@carajanediffey.com

© Cara Jane Diffey. All rights reserved.

No part of this website or its contents may be copied, reproduced, distributed, modified, published, stored, transmitted or used in any form without prior written permission, except where permitted by law.

Unauthorised use of any artwork, illustrations or creative concepts may result in legal action.

The unauthorised use of artwork for artificial intelligence training, image generation or derivative works is expressly prohibited.