Terms and Conditions
TERMS AND CONDITIONS
Below are Cara Jane Diffey (throughout this document will be referred to as CJD) standard terms and conditions. Please contact us if you do not understand any of the terms and conditions in this document.
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.
All Quotations are provided by CJD free of charge and are valid for 30 days from the date of issue.
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.
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.
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.
CJD retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of CJD.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined.
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.
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.
CJD retains the right to publish and display any client projects in CJD’s portfolio, website, design periodicals, and other media or exhibits.
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.