Terms and Conditions

Below are our 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. Please also note that from time to time we may need to alter these terms and conditions without notice.

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Interpretation

In these conditions unless the context otherwise requires:

(a) “Client, You and Your” means the person or entity requesting to purchase graphic design services.

(b) “Designer, We, Our and Us” means Valhalla Creative Design and each of their employees and agents.

(c) a reference to writing includes email and other communication established through Our website (if any);

Commencement of work

Agreement to work with, and submission of a design brief and payment of deposit to The Designer constitutes agreement to these Terms and Conditions.

Payment Terms

The Designer will provide the Client with unique logins to their respective Client Account Portal at no costs. The Portal allows the Client to view, print and download their invoices, estimates, payment history. The Portal also provides the Client with an online payment option. A secure payment gateway (PayPal) allows the Client to pay invoices, and retaining invoices (deposits) with a credit card. Other payment options, such as bank transfer, will always be provided for the Client.

The Client agrees to pay a 50% deposit of the quoted amount prior to commence any design project, with the balance payable on delivery. The project can be scheduled once the deposit is received by the Designer. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. Unless prior agreement has been made between the Client and the Designer, the remaining 50% is payable to the Designer upon delivery of the completed project.

If the due date of completion required by the Customer is less than 5 working days, a rush fee of 20% of the project’s cost may incur at the Designer’s discretion.

If the the work time exceeds the invoice’s due date, the Client agrees to a progress payment of 50% of the balance at the invoice’s due date, with any outstanding amount payable in full upon delivery. If no progress payment is received from the Client, an additional late payment fee equivalent to 5% of the project costs will be added to the final invoice for each month passed the initial invoice’s due date. 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.

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 quote or changes to all pieces of finished artwork after final approval by the client and print file supplied. From time to time the Client will require extra design 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.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Retainer Work

Valhalla Creative Design can provide retainer work at 20% off the standard rate.  The Retainer Invoice is payable at the beginning of each month, with a reminder after the 5th day of the month if payment is not received.  The Client will receive a courtesy phone call from Us when 80% of the hours are reached in the month.

Any hours above the agreed hours will be billed at the normal rates. Unused hours each month will not be refunded, but can be used as credit the following months, to a maximum of 5 hours each month.

Cancellation

If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 90 days, Valhalla Creative Design may consider the project cancelled by the Client and ownership of all copyrights shall be retained by the Designer. The advance payment (deposit) will be forfeited in lieu of compensation to the Designer. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.

If a project is cancelled by the Designer, due to unforeseen circumstances, the deposit will be refunded in full to the Client in a timely manner.

Rights and ownership

Rights

All services provided by the Designer shall be for the exclusive use of the Client other than for the Designer’s promotional use. Upon payment of all fees, and providing the project doesn’t meet the Cancellation criteria mentioned in the “Cancellation” clause, the following reproduction rights for all approved final designs created by the Designer for this project shall be granted:

  • Client to gain full transferable rights to brand identity.
  • Client to gain full license to reproduce works through commercial printers.

Ownership

The Client shall be entitled to full ownership of all final artwork created during the project upon final payment of the invoice.

Third party contracts

The designer may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the Client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.

Miscellaneous

Samples

The Client also agrees to allow the Designer to showcase any/all work created in the course of a project for publication, exhibition, or other promotional purposes. The Designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes. The Designer acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.

Confidentiality

The Client shall inform the Designer in writing before the project commences if any portion of any material or information provided by the Client or if any portion of the project is confidential.

Indemnity

The Client agrees to indemnify and hold harmless the Designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the Designer.

Approval of final artworks

The Designer 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.

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 RGB screen display and CMYK printing, the Designer can not be held responsible for any printing colour discrepancy.

Hosting Ongoing Fees

Hosting Ongoing fees covers domain name registration, website & email hosting, small design changes*, site back-up and emergency maintenance. *small design changes include any existing text or photo change/fix/delete. It does not include any coding change, any layout change, any new elements/contents creation, any new page creation, any animation, any new video integration, any third-party artwork, any advanced programming functions.

Hosting Ongoing Fees Invoices are set on a monthly basis for a minimum of 1 year period from the first Invoice’s due date.  The Hosting Monthly Invoice is payable in full On Receipt. If no payment is received within 5 business days of the Hosting Monthly Invoice’s, am automatic reminder will be send to the Client. Late payment fees will apply if no payment is made from the Client within 15 business days passed the initial Invoice’s due date.

If Client communication (face-to-face, telephone, or email) stops AND no payment is received after 60 days of the initial Invoice’s due date, the Hosting On-Going Fees will be considered cancelled by the Designer, and the Website will be taken down.  Please contact Valhalla Creative Design for Domain and Hosting Plan transfers.

Website Design – Credit

The Client agrees to allow the Designer to place a link to valhallacreativedesign.com.au on the customer’s website. This will be in the form of a small logo or line of text placed in the footer or towards the bottom of each website page.

The Client also agrees to allow the Designer to place websites and other designs, along with a link to the Client’s site on valhallacreativedesign.com.au for self promotional purposes.

International Work

Design services are available for clients outside Australia. All estimates, invoices and retainer invoices amounts will be calculated and provided in the Client’s local currency unless otherwise requested by the Client.

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