terms and conditions.

 

Below is Jaymie Fabers standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Jaymie Faber. Please also note that from time to time Jaymie Faber may need to alter these terms and conditions without notice. Please contact me if you do not understand any of the terms and conditions in this document.

Commencement of work

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

All invoices are due upon receipt unless prior arrangements were made at the quoting stage.

All quotations and invoices will include GST.

When you choose to work with me, you’re paying for my years of experience, my creativity, digital know-how, commitment to your project and dedicated attention to you and your business.

The best use of my time is making sure you are getting the best possible service from me. If I am spending my time chasing up invoices or information, I’m not spending that time delivering value to you.

As such:

Payment Terms

“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. Jaymie Faber 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, plus a prorata payment based upon the time spent.

If the work time exceeds 4 (four) 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. 

Publication and/or release of work performed on behalf of the client by Jaymie Faber may not take place before cleared funds have been received.

Late payments & Default

Accounts which are not paid within 14 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 30 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 45 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by Jaymie Faber, unless prior arrangements have been made. Jaymie Faber shall at her sole discretion suspend any and all services provided to the client by Jaymie Faber or her 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 accounts 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 it’s obligation to pay the due amount. 

“The Client” whose account is in default agrees to pay Jaymie Faber's reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Jaymie Faber retains all copyright for work performed until full project costs have been paid. Jaymie Faber reserves the right to reuse or resell work undertaken in the case of payment default.

Jaymie Faber 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

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 excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.

Excess work

This is defined as any work involving additions to the list of items defined in the Estimate of Services 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 $55 per hour will be payable.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.

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 Jaymie Faber.

Approval of Final Artwork

While Jaymie Faber takes all care to avoid errors, Jaymie Faber accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility 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.

Copyright

Jaymie Faber 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 Jaymie Faber. Jaymie Faber may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Jaymie Faber retains the right to display a small byline claiming design credit on works produced, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Jaymie Faber retains ownership of all artwork and website architecture. Jaymie Faber reserves the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.

Jaymie Faber 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.

Other than for the promotional use of Jaymie Faber 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. Upon payment of all invoices, reproduction rights for all approved final designs created by Jaymie Faber shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

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 Jaymie Faber till such time an agreement is in place. As part of Jaymie Faber's terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. Jaymie Faber 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 Jaymie Faber in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Jaymie Faber. All rights reserved. All other images are the copyright and/or trademark of the respective owners. Designs, original art and clip art presented are for the use of the authorised client only. All art, images, designs, and material are copyright of Jaymie Faber and may not be resold, added to design or art collections of any nature or any other unauthorised form of distribution or reproduction without express written permission by Jaymie Faber.

Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the web site. Any form of reproduction, electronic or otherwise is strictly forbidden without prior written consent. If you have any questions about these terms, or would like information about licensing images and/or materials from Jaymie Faber please contact me.

Website design credit

“The Client” agrees to allow Jaymie Faber to place a small credit on printed material exhibition displays, advertisements and/or  on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow Jaymie Faber to place websites and other designs, along with a link to the client’s site on “BMD Graphic Design Studio’s” own website for self promotional purposes.

Confidentiality

It is agreed that Jaymie Faber shall not at any time either during the continuance of the work outlined or thereafter, except in the course of her 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”.