WILD SEED DESIGN TERMS & CONDITIONS

 

Terms & Conditions

1.     ‘Wild Seed Design’ is Kim Ryan trading as Wild Seed Design.

2.     ‘The Client’ is the party making a booking for design related services from Wild Seed Design.

3.     ‘An Order’ is the request for services from Wild Seed Design.

4.     ‘The project’ is a term used to describe service from Wild Seed Design.

 

The terms and conditions apply to all dealings between The Client and Wild Seed Design. By placing an order with Wild Seed Design, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

 

QUOTATIONS

  • All quotes are valid for 14 days only.

  • All prices are excluding GST.

  • All prices are in Australian Dollars.

  • Any additional work outside the terms of the quote will be charged at an hourly rate of $100 per/hour +GST.

  • Wild Seed Design is not responsible for increases in materials by third-party services (eg printers, packaging suppliers,web developers) where the increases are beyond our control.

 

PAYMENTS

  • A 50% non-refundable booking deposit is required before starting any design project over $1001 (ex GST).

  • All design projects under $1000 (ex GST) require to be paid in full upfront.

  • All overseas clients are required to pay 100% upfront regardless of the project price.

  • Payments are to be made by bank deposit transfer for Australia only.  PayPal is only available for overseas customers.

  • PayPal payments will incur their 2.9% fee which is passed onto The Client.

  • All invoice terms are 7 business days from the date of the invoice for regular long-termed Clients which I have offered.

  • Accounts that are not paid on time will incur a late administration fee of $50 + GST.

  • Accounts that remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the project's costs for each week payment is outstanding.

  • Once artwork has been approved, the remaining 50% of invoice is due promptly within 7 days.

  • Final artwork files will not be handed over until the invoice has been paid in full. 

  • All printing invoices must be paid prior to sending the artwork to print.

  • For regular clients, all work not completed within a 1 month period will be invoiced regardless.

  • Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. An invoice will be issued as ‘work to date’.

  • If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors).

CANCELLATION

  • The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Wild Seed Design, any deposit paid prior to cancellation will be non-refundable. 

  • Wild Seed Design may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Wild Seed Design cancels this Agreement, Wild Seed Design will provide any artwork completed if the Client wants this and it covers what the deposit has paid for.  If the project is nearly completed and the Client wants all artwork files, full payment will be required.

COMMUNICATION

  • Wild Seed Design is an online business therefore the majority of our communication is made via email, this helps us keep track of specific design requirements and any changes required.

  • We expect regular and prompt communication for all projects.

  • If you would like to chat with us on the phone, Zoom or Facetime we are happy to do so, however, we ask that you please email us andmake an appointment for a time to chat.

GHOSTING BY THE CLIENT

  • Once a design project is presented to the client, I expect a reply back within a short period of time with changes or approval (within 1-2 weeks or as per the  Welcome Kit timeframe guide).  I will follow up but if I have not heard back from the client and there is no communication after 1 month from the last date of correspondence, the design project will be closed.  My time is valuable and I don't want to keep sending follow up emails with no replies back.

  • Once the project has been closed and the client returns to make changes, additional costs will be incurred to reopen the design job and make these changes. However, Wild Seed Design has the right to not complete the artwork and end the contract between the Client and the Designer.

  • If there are 50% fees still outstanding on the invoice, no design files will be given to The Client until the full payment is made within 7 days.

  • No refunds will be given if the invoice has already been paid in full.

 

COPYRIGHT

  • The Client assumes full copyright and reproduction rights upon full payment only on the one concept they approve only.

  • Wild Seed Design retains personal rights to use completed projects and concept artwork for the purpose of marketing Wild Seed Design.

  • All images displayed on the Wild Seed Design website, Facebook page, Instagram or other pages are subject to copyright, and must not be copied or used without full permission from Wild Seed Design and the Client. Any breach of copyright will result in legal action being taken as necessary.

NO GUARANTEES

  • Wild Seed Design cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.

  • The Client acknowledges that Wild Seed Design cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Wild Seed Design.

  • Clear and concise communication is then needed to rectify the designs so they suit your vision.

  • Additional costs may be incurred if the design project presented was suitable for your brief supplied.  If you have a change of mind to the vision or want a different idea for the project, then additional costs will be incurred to create a totally new concept.

DO NOT SHOW CONCEPTS TO THIRD PARTIES

  • Trust and honour the process between yourself and me, the professional designer.  Your concepts are created after one on one conversations on how you want your branding / design to be, who your ideal market is, your vision and an in-depth brand strategy.   We have done the work together with conceptualising from the start, so together we will be clear on the outcome.  When you start to bring in more than one voice it can be confusing and you may be asking the wrong target audience and people who don't understand your product or service. This can cause the design to go off track, becoming delayed and confused.  So you agree to not show our work in progress (concepts) on social media, asking the public to “weigh in” on designs or to every family member and friend you know.  Trust me, your experienced designer, the brand strategy, and the work we have done together. This not only delays the process but the concepts that are unused remain the intellectual property of Wild Seed Design so these are not to be shown as well.

DESIGN CHANGES

  • With all design projects, Wild Seed Design will mention the number of revision rounds you will have and this is stated in the Welcome Kit and your invoice.  'Revisions/changes' are classed as minor alterations to the text or graphics only.

  • If you have major changes or want to see additional concept/s after you have seen the proof as you have changed the direction of the project after seeing it, from what was clearly stipulated in your design brief of what you were after, then this is classed as a 'major' change and additional costs will be incurred for my time to change and present a new concept proof/s.  You will be quoted prior to commencing these changes.

UNUSED CONCEPTS

  • All unused concepts belong to Wild Seed Design and we have full use of these to use for other clients projects or for commercial purposes (resell as premade logos on Etsy or other creative market places).

  • If the Client wants to purchase an additional logo, collateral marketing file or graphic within their design project, additional costs will apply to own the rights to that design file. This will be quoted.

USING DESIGNS IN WAYS OTHER THAN INTENDED

  • If Wild Seed Design creates illustrations or designs intended for a particular purpose and the Client wants to use the file to create further online selling products or use the design in another way, the Client needs to contact Wild Seed Design immediately for them to provide a transfer of copyright or issued a licence for the work’s use in particular ways, or the Client will be in breach of our Wild Seed Design copyright.  Additional costs for this transfer of copyright / licensing will apply.

  • All logo / brand files will automatically have the transfer of copyright to the Client once the project is completed.

DESIGN CREDIT

  • The Client allows Wild Seed Design to display any projects on the Wild Seed Design website/ Facebook page/ Instagram and portfolio for self-promotion purposes.

  • The Client agrees to allow Wild Seed Design to credit design work on all websites designed by Wild Seed Design.

  • Wild Seed Design will wait until the Client has launched their project or business before sharing on our website or social media.

 

TURNAROUND TIMES

  • Wild Seed Design will make every effort to meet deadlines. All quoted turnaround times are approximate.

  • Wild Seed Design will not be held responsible or liable for any costs resulting from late artwork proofs if the Client has not provided text or images or feedback to a project.

  • Wild Seed Design expects regular communication throughout the design project from the Client.  Wild Seed Design does not take responsibility if the project is required quickly but the client lacks communication and the project takes a lot longer than anticipated.

  • Wild Seed Design does not take responsibility for third parties like printers and couriers/Australia Post.  They have their own production and turnaround times and I can give approximate times when asked by the Client.
     

PRINTING

  • Wild Seed Design offers a printing service for most design products.  When design work is created by a third person/business, then additional costs will be charged to check the file to make sure it is print suitable.

  • Wild Seed Design uses professional print businesses within Australia.  Many of these businesses, I have used for over 15 years and I trust their printing and customer service.  However human errors can happen so Wild Seed Design will work with the print business to rectify any print issues immediately to get the desired project outcome.

  • If you, the Client, wants to print with your own chosen print business - in Australia or overseas, always make sure you receive a printed test proof for you to double-check and approve prior to printing.   Wild Seed Design does not take responsibility for any print, file errors or delays occurred with unknown print businesses that you have chosen to deal with directly yourself.

APPROVAL

  • Approval is required for all projects, via email prior to work being released.

  • Whilst all care is taken by Wild Seed Design, Wild Seed Design is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Wild Seed Design, it is The Client’s responsibility to proofread and check thoroughly their projects to identify any errors prior to approval.

  • Once approval is made and design files are released to the client, the project is deemed finalised.  If changes are requested after artwork files have been sent to the client, then additional costs WILL apply to make these changes, proof again and if it is for a brand project, an additional $100.00+GST to recreate all the file formats and style guide again.

IMAGES

  • Some designs may contain stock images that are available for purchase.

  • Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Wild Seed Design is not responsible for colour variations in conversion from RGB to process CMYK.

  • Wild Seed Design is not responsible for the reproduction quality of the supplied images.

  • Wild Seed Design will advise when images are not suitable for printing or web.

  • Wild Seed Design will not use images taken from the internet and don't have a license to use them.
     

CLIENT ARTWORK FILES

  • Project files will be sent to the Client via We Transfer for them to download. The link expires within 7 days, so prompt downloading is required. If Wild Seed Design needs to resend again, additional costs may apply.

  • Once the project design files have been sent to the client, the Client will make back-up copies of these files. They are now the Clients responsibility to keep them safe. 

  • If the Client requires Wild Seed Design to resend artwork files again to you, then additional costs will apply to invoice, retrieve off backup and send via We Transfer. This will be $100+GST for my minimum hour charge time.

  • Due to data storage space and costs, if Wild Seed Design has not heard from the Client within 3 years from the last design project, all artwork files will be removed from the server.

COLOUR MATCHING & PRINTING

  • Whilst all care is taken, Wild Seed Design does not take responsibility for Client supplied artwork that does not print properly.

  • Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of the final printed piece.Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYKprinting process.

  • Trimming can vary from printer to printer.