Terms and Conditions (“Terms”)
Last updated: 29/11/2019
Below are the standard terms and conditions of White Falcon Designs (throughout this document referred to as WFD). It is vital that you (The Client) please take time to read through these thoroughly and ensure you fully understand the terms and conditions and their implications before you commence any project with WFD. Please also note that from time to time WFD may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
The Client agrees to provide written approval of the quote/estimation before any work is commenced as acceptance of the Quote/Estimation or Project Contract between The Client and WFD as provided by the WFD Client Portal concerning the work outlined in the proposal.
Payment & Fees for service
The Client agrees to pay the invoiced amount within 14 days of receipt of an invoice. A deposit (of the amount described in the Quote/Estimation or Contract) will be invoiced at the commencement of the project. 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. WFD 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” (after a project has commenced) by The Client, the initial deposit is forfeited, plus a pro-rata payment based upon the time spent. Further payments will be invoiced throughout the project upon completion of the milestones described in the Quote/Estimation or Contract with the final payment due upon completion of all work. If the work time exceeds 4 calendar weeks in duration, WFD may elect to invoice, and The Client agrees to make payments by, monthly invoices based on the work done to date.
Work Case Studies & Design samples
The Client agrees to allow WFD to showcase any/all work created in the course of a project as part of the WFD portfolio. WFD acknowledges the confidential nature of projects and agrees to only display project work once product/service has been publicly launched.
Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. WFD will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.
Excess Work & Author’s Alterations (AA)
Excess work is defined as any work involving additions to the list of items and/or any work undertaken that exceeds the work outlined in the Quote/Estimation or Contract. AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and AAs will be charged in 15 minute increments at the current agreed rate.
It is agreed that all work and materials provided for The Client by WFD 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. WFD will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.
It is agreed that the project may be cancelled by The Client by written notification. Should The Client breach this agreement or our standard 14 day payment terms, WFD also reserves the right to cancel the agreement by written notification. WFD retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.
The Quote/Estimation is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by WFD to be a competitor of WFD. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.
Legal Authorisation for Publications
The Client is responsible for obtaining, at its own cost, all necessary consents, clearances, and authorisations which may be required by all applicable law and any regulatory and other authorities or commercial providers in respect of its receipt of the Services and use of the Deliverables. In particular, The Client agrees that it, and not WFD, is responsible for ensuring the use of The Client’s own and any third party photographs, images, sounds and text in the deliverables does not infringe third party Intellectual Property Rights, whether those third party materials are sourced by The Client or by WFD on The Client’s behalf.
Unless otherwise stated in the Quote/Estimation, it is agreed that WFD will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the Quote/Estimation. If WFD offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, WFD will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.
WFD always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.
WFD 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 WFD. WFD may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, WFD retains the right to display a small byline claiming design credit on works it produces, 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 the final payment, WFD retains ownership of all the work produced. WFD reserve 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.
WFD 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 WFD 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 WFD shall be outlined in the Project Proposal. For additional usage, the 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 WFD until such time an agreement is in place. As part of WFD terms of business, the copyright licence is automatically released to The Client on receipt of the final payment for the commissioned work. WFD 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 WFD in print or digital media portfolios, social media, and blogs, except where The Client has specifically requested in writing otherwise.
WFD 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 WFD. Including but not limited to war, natural disasters, 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.
If you have any questions about these Terms, please contact us.