The Brandologist
Terms and Conditions of Services
Before commencement of any projects with us, please carefully read the below Terms and Conditions and ensure you understand them.
By requesting services from The Brandologist, you agree to our Terms and Conditions as set out, and you are aware that you are entering a binding contract.
The below conditions are applicable under Australian Law and apply to all individuals, businesses, or companies (“the Client/s”) engaging the services of The Brandologist, its contractors, subcontractors, and employees (“the Business”) unless otherwise agreed to in writing by both parties.
1. General Conditions of Contract
a. These Terms and Conditions cover all Contract entered in to by a Client with the Business for services relating, but not limited to, design, printing, copywriting, visual media, websites, brand identity, illustrations, images, photography, and consulting, marketing/brand strategy (“Services”)
b. These Terms and Conditions are subject to change without notification by the Business.
c. These Terms and Conditions apply to the Business and all of its contractors and subsidiaries.
d. These Terms and Conditions are to be used in conjunction with the Scope of Work Contract (“the Scope of Work”) that may be sent to you when projects begin. Neither of these contracts void the other contract under any circumstances.
2. Scope of Services
a. The Client engages the Business to provide the services as set forth in the Scope of Work, which will be delivered via email where required.
b. The Business and the Client will hold one initial consultation at no charge to the Client. This can be held via phone or in person. A brief will be constructed through this consultation, which well then be presented in the Scope of Work.
c. If no delivery date for the Services is provided in the briefing stages, payment will be required at the time/s detailed in clause (4); the length of time between consultation and delivery of the Services will have no effect on the requirement to remit funds on invoicing.
d. The Business offers a set number of initial options, as outlined in the selected and agreed upon service.
i. The Business will complete 2 revisions to the Service/s, and will charge for additional revisions to the Services, unless otherwise outlined in the Scope of Work.
ii. Any additional work, revisions, or variations outside of the Scope of Work will be charged at the rate of $150 per hour + GST, billed in 15-minute increments. Additional expenses will be charged accordingly.
1. The Client will be made aware of any additional fees before they are incurred.
e. The Business agrees to provide any work to be delivered as part of the Services by a mutually agreed upon date, which will be set out in writing in the Scope of Work.
i. The Client acknowledges and agrees that failure to submit required information or materials requested by the Business may cause subsequent delays in the work, for which the Business will not be responsible.
ii. Each party will make a good faith effort to notify the other party of any upcoming delays.
f. If the Client acknowledges and accepts an estimate or quote (verbally or in writing), it is considered permission to commence work.
3. Quotations
a. Quotations are generated with set services in place, and can be changed by the Business with written approval from the Client.
b. Quotations may be subject to change if additional work is required.
c. All time quotations are an estimate and are based on calendar working (business) days. No quoted Service delivery dates are guaranteed and can vary.
d. All quotations are valid for 30 days only.
4. Payment
a. Before work is commenced, a deposit will be requested by the Business.
The Client must provide remittance before commencement of work. An invoice will be sent via email and initial payment to commence will be required within 7 days of the date of the invoice.
i. By paying, the Client is accepting the Terms and Conditions and entering a contract with the Business.
ii. If a deposit has not been requested by the Business, the Client is considered to have accepted the Terms and Conditions upon request of services/work from the Business.
b. The Business will invoice the Client for costs associated with website construction or printing, which the Client will pay prior to the commencement of these services. The Business reserves the right not to proceed with these services until payment has been received in full from the Client.
c. Upon completion of the Service/s, the Business will invoice the Client for the remainder of the balance.
i. Payment terms are 7 days from the invoice date, or as noted at the bottom of the invoice.
ii. Final files will not be delivered until full payment is received.
iii. The Business is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 7 days.
d. The Business reserves the right to invoice prior to the detailed time detailed in the Scope of Work if the Client has been uncontactable/unresponsive for more than 14 days.
e. The Business reserves the right to invoice for work completed if the project exceeds 60 days.
f. The Client reserves the right to request a payment plan which may be accepted by the Business at its discretion. All payment plans must be agreed to by both parties in writing.
g. Unless prior arrangements have been made, accounts which are not paid within 14 days of the invoice being sent will incur a late payment fee. If the account remains outstanding for a further 7 days, an additional fee will be incurred for each further week the invoice remains unpaid. Information on the fee will be sent after the first due date is not met, and will be dependant on the amount outstanding and the length of time that has passed.
5. Cancellation and Variation Policy
a. The Business makes every effort to be as cost effective and accurate in estimates as possible, however extra inclusions or exclusions may occur based on specific jobs or requirements.
b. In the case of a considerable change to the scope of the project or brief, the current project will be invoiced for work incurred to-date and a new Scope of Work and Quotation will be provided for approval before the project continues.
c. The Business reserves the right to charge additional costs if the Client requests amendments to the original Scope of Work, the original project outcome is altered, or further Services are requested.
d. If the Client requests the cancellation of a Contract, the Business will determine the cost of Services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
i. If the determined money payable is less than the deposit paid, the deposit will be kept by the Business.
ii. In the case of change of mind by the Client, this deposit is non-refundable, and the deposit will be considered forfeited.
e. The Business will declare a project completed if no response is received from the Client within 14 days of providing a Service, and this work will be determined as the final accepted work. The Business will then invoice the Client for final payment of the total project and non-payment will result in collection processes.
6. Approving artwork/designs/printing
a. 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 quantities. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
b. The Client’s final accepted proof is the artwork that will be submitted for prints and/or website construction. There will be no reprints or website development changes at the Businesses expense.
7. Limitation of Liability
a. The Client agrees and accepts that the Business is not legally responsible for any loss or damage suffered or incurred related to use of any of the Business’s services.
b. It is the Client’s own responsibility to ensure that any products, services, or information you use meet their specific requirements.
c. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of the Business for any such inaccuracies or errors to the fullest extent permitted by law.
d. You shall indemnify the Business, its director, and representatives from and against all actions, claims, damages, liabilities, or costs (including legal costs) arising from, or directly or indirectly related to provision of materials, use of Services by you or anyone else, or otherwise arising.
8. Submission of Client artwork
a. The Clients who choose to submit their own artwork, files and/or images are solely responsible for the end result of printing. The Business is not responsible for any artwork mistakes, and is not liable for supplied file errors. There will be no reprints at the Business’s expense.
b. It is the Client’s responsibility to ensure that any artwork, images, files, and text submitted do not violate Australian Copyright Laws. The Business 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.
9. Copyright
a. Ownership of Copyright over all concepts and draft artwork remains with the Business. 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 any Services or artwork prior to payment is illegal.
i. The use of any artworks by the Client before full payment is received by the Business is illegal under Copyright Law, and will be treated as such. Legal action may be taken.
b. Artwork designed will remain property of the Business until account is paid in full. Future re-print requests of the same artwork will only incur a print management fee.
c. Upon full payment of account, Copyright ownership will be transferred to the Client in writing.
d. The Business and their designers retain rights to utilise artwork and all design elements for portfolio/self-promotion.
e. The Business can not give formal legal advice on Trade Marking, however, can provide general information to the best of their ability. For Trade Marking, we have a recommended IP Lawyer to contact.
10. Printing
a. Printing will not commence until full payment for print services is received. The turn around time for printing varies and cannot be guaranteed by the Business.
b. 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 printing. There will be no reprints at the Business’s expense.
c. The Business 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.
11. Website Design
a. The Client agrees to allow the Business to add a small credit on the Client’s website. This will be in the form of a small line of text placed at the bottom of the page.
b. The Client agrees to allow the Business to place websites and other designs, along with a link to the Client’s site on the Business’s own website and other portfolios for self-promotional purposes, unless agreed to by both parties in writing beforehand.
c. Upon completion of website build, the Business will provide the Client with the opportunity to review the resulting work. The Business will make one set of minor changes at no extra cost within 14 days of submission to the Client for review.
i. Minor adjustments include small textual changes, small adjustments to placement of items on the page, or small image replacements.
ii. Minor changes do not include alteration or replacement of a full layout, colour schemes, fonts, or any navigation features.
d. The Business can be notified of any minor requested changes via email.
e. Any additional work outside of the Scope of Work or minor changes will be charged at the rate of $100 per hour, billed in 15-minute increments. Additional expenses will be charged accordingly.
f. The Business will consider that the Client has accepted the original draft if no changes have been requested in writing from the Client within 14 days of the website review being sent through.
12. Technology and IT
a. The Business will hand over all hosting and domain responsibilities, including but not limited to the ongoing payment, upon completion of the website build.
b. The Client is to refer to hosting and domain name providers for queries regarding the following services:
i. Domain names, hosting and registration, SSL certificates, email addresses and email hosting.
ii. Set up of email addresses and any additional email support
c. The Business holds no responsibility for any email addresses that are targeted with spam as it is outside of our control, however, we will put in all possible security measures within the website. The Business holds no responsibility if the Client’s email account/s details are attained and used to send spam or malicious material.
d. The Business builds and designs website to the best of their knowledge at the time of completion. The Business cannot take responsibility for any security breaches to the website.
e. The Business will not be held responsible and is not liable for any loss of income to arise from the Client’s website not functioning at any given time, or for any security breaches.
f. The Business does not provide software updates or take responsibility if the software used becomes out of date and obsolete.
g. The Business 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.
13. Confidential Information
a. Each party is likely to disclose information to the other from time to time during the term of this Agreement, which is marked or designated as confidential, or would appear to be confidential in nature, will not be disclosed by either party, to any person other than as provided for in these Terms and Conditions or as necessary to carry out that Party’s obligations under this Agreement.
b. This does not apply to information that:
i. Either Party must disclose by law or legal process, or
ii. Is either already public or enters the public through no fault of the receiving party.
c. Any Contractors of the Business are also held to a strict confidentiality and nondisclosure agreement.
14. Goodwill Disclaimer
a. These Terms and Conditions, along with the Scope of Work, assumes goodwill from both the Business and the Client regarding:
i. What can reasonably be achieved in a given time frame
ii. Making the best use of resources to achieve the most effective outcomes
b. Graphic design, marketing strategy and all other Services provided by the Business are all highly creative and subjective art forms. As such, the Business takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however, the Business cannot be held responsible for variations between expectation and outcome.
c. Any professional advice given must be considered as a suggestion only, the Business will not assume any responsibility for loss arising from following advice.
15. Force Majeure
a. The Business will not be liable for any failure or delay in supply or delivery of Services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Business, including but not limited to: pandemics, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Strictly no refunds on any work completed.
No shipping available directly from The Brandologist, only from our external suppliers. For their shipping policies please check their websites or emails (we will provide you with their information)