“The Client” shall be defined as the person or company with whom goods and services are to be supplied to.
Terms & Conditions
The following terms and conditions apply to all services offered by Flat Elephant Design Design. By ordering services from Flat Elephant Design Design you are agreeing to the following terms and conditions:
01. Flat Elephant Design Design reserves the right to refuse to construct a piece of work which may be judged as unfit due to content or otherwise. This includes, but is not limited by, work containing adult oriented material such as pornography, work which promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and work which infringes copyright or are contrary to Australian laws.
02. The acceptance of a commission shall be deemed as a contractual agreement between the client and Flat Elephant Design Design where agreement is provided either by email, telephone, mail or fax.
03. Flat Elephant Design Design cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
04. The client agrees to make available as soon as is reasonably possible to Flat Elephant Design Design all materials required to complete the work to the agreed standard and within the set deadline.
05. All material, both text and images, supplied by the client and used in the construction of the client’s work, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
06. Flat Elephant Design promises that it will hold and maintain in strict confidence any confidential information that you provide (such as proprietary technical or business information), and will not disclose such information to any third party except as may be required by a court or governmental authority.
07. A non-refundable deposit of 50% is required with any standard project before any design work will be carried out.
08. Full payment is required before any print ready artwork or final design(s) will be supplied to the client, or to a Flat Elephant Design print supplier.
09. Once the work has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the work, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for the work, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.
10. Flat Elephant Design agrees that the fee the client owes will cover in full all of the work listed in the initial quote. The client agrees that if asked to make changes or do other work for the client that is not covered in the original quote, an hourly rate of $75 per hour will be applied to this work and this payment will be in addition to all other amounts owed by the client. The client also agrees that if they ask Flat Elephant Design to do work outside the scope of the initial quote, extra time will be required to send the final files for the design(s).
11. Any payment returned by the bank or credit card company will incur a $100.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
12. Flat Elephant Design reserves the right to alter prices at any time without notice. If a client has commissioned any services from Flat Elephant Design prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
13. The client understands and agrees that until payment is made in full, Flat Elephant Design own full rights to each and every original design created for the client. If the client does not pay in full, the client agrees that Flat Elephant Design can complete, exhibit, use and sell the design(s) at its sole and absolute discretion. The client also agrees that Flat Elephant Design own all of the concepts created before the client select the final design(s).
14. Flat Elephant Design understands and agrees that after the client pays in full, the client will own rights (as defined in this document) to the final design(s) that the client approves and Flat Elephant Design creates. The client understands and agrees that Flat Elephant Design owns all of the concepts/preliminary designs created before the client selected the final design(s), except for elements in those concepts that are incorporated into the final design(s) that Flat Elephant Design delivers to the client. The client will receive rights for the final design(s) only. The client agrees that Flat Elephant Design will retain the right to use the final design(s) and all preliminary designs in design competitions, publications on design, educational purposes and in marketing Flat Elephant Design’s design business (including through social media). The client will be solely responsible to make sure that the design(s) Flat Elephant Design creates for the client will be available for use in commerce and protectable under trademark law.
15. Flat Elephant Design agrees that after the client pays in full, the client may make any changes or additions to the design(s) Flat Elephant Design creates for the client, which the client in its discretion may consider necessary, and the client may engage others to make any such changes or additions, without further payments to Flat Elephant Design. The client agrees that if asked to make changes or additions to the design(s) after the client approves the final files, the client and Flat Elephant Design will negotiate a separate additional payment for my time to make such changes.
16. If the work Flat Elephant Design creates for the client includes the design of a logo, Flat Elephant Design gives the client the full rights to use the logo design Flat Elephant Design creates in any and all media without restrictions of any kind. Additionally, Flat Elephant Design agrees that after the client pays in full, Flat Elephant Design will cooperate with the client and execute any additional documents reasonably requested by you to evidence such assignment of rights.
17. For any non-logo design(s) that Flat Elephant Design creates for the client, Flat Elephant Design gives you the following rights: To print, publish or distribute the final design(s) in the format as supplied by Flat Elephant Design only. The client shall not be allowed to re-create new artwork, or engage others to re-create alternative formats using the design(s) supplied by Flat Elephant Design without the written permission of Flat Elephant Design. The client agrees that they are not permitted to resell design(s) supplied by Flat Elephant Design to a third party. If the client wishes to purchase a right that’s not listed in this paragraph, the client and Flat Elephant Design will need to negotiate a separate license for such additional rights, and the client will pay a separate fee.
18. Flat Elephant Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
19. Flat Elephant Design will not be liable for costs incurred, compensation or re-prints during the printing process once the final artwork has been agreed by the client and has been supplied to the print supplier.
20. The client is advised to check and approve all artwork proofs. If the client declines the opportunity to approve the artwork proofs, Flat Elephant Design will not be liable for any costs incurred, compensation or re-prints during the printing process due to print or artwork errors.
21. If, during the development, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Flat Elephant Design will consider that the client wishes to cancel the commission.
22. Flat Elephant Design reserve the right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.
27. The client agrees that Flat Elephant Design is an independent contractor and not an employee of the client. Although the client will provide general direction to Flat Elephant Design, Flat Elephant Design will determine, in its sole discretion, the manner and ways in which Flat Elephant Design creates the design(s) for the client. The work that Flat Elephant Design creates for the client under this agreement will not be deemed a “work-for-hire”. Whatever rights Flat Elephant Design grants are contained in this document.
28. Flat Elephant Design reserves the right to change or modify any of the terms and conditions.