Design | Terms & Conditions
By undertaking any project with SB Creative Co., you (The Client) consent to the terms and conditions specified below, which form part of our full and legally binding conditions of trade. SB Creative Co. reserves the right to amend these terms at any time without notice.
“We”, “Us”, “Our”, “The Designer” shall mean SB Creative Co., its successors and assigns or any person acting on behalf of and with the authority of SB Creative Co. “You” shall mean the Client (or any person acting on behalf of and with the authority of the Client).
Please send any questions about our Terms and Conditions to: email@example.com
The client understands that graphic design services provided by SB Creative Co. is a professional service, not a product or commodity, and customers understand they are billed for time and expertise of SB Creative Co. designer/s.
Where specified, capped or fixed rates apply to artwork and are outlined in our Design Guide. The prospectus outlines design fees only. All prices are quoted in Australian Dollars and are subject to 10% GST. SB Creative Co. reserves the right to change pricing without notice. Quotes are provided at our discretion and are valid for 30 days from the date provided. If a quotation is not accepted and actioned by the client within this timeframe it is subject to re-evaluation.
SB Creative Co. provides project estimates based on the information provided to us at the time of quoting. If the quoted job evolves outside the scope of that which was quoted to the Client, further charges will apply.
Clients engaging in ongoing design work, may be automatically placed on a non-estimate term, based on acceptance of both the Client and SB Creative Co., which will allow the client to skip the estimating phase. All artwork completed will be invoiced prior to release of any artwork.
Graphic design is a professional service, not a restockable product or commodity - customers are billed for the time and expertise of SB Creative Co.
By engaging the services of SB Creative Co. for the first time, or returning clients who haven’t engaged the services of SB Creative Co. for a period of one financial year, agree to pay a 50% deposit of the quoted amount to commence any design project, with the final balance payable prior to delivery of any final artwork. Once any research, resources allocated or design work has commenced on a project, this deposit is non-refundable.
Any clients of SB Creative Co. who have engaged the services of SB Creative Co. for two projects or more in the period of one financial year, agree that their payment terms are 14 calendar days.
All printing accounts must be settled in full prior to the release of any files to the printer. Proof of payment is welcome.
All concepts created by SB Creative Co. are presented in low resolution draft format for on-screen proofing. SB Creative Co. holds ownership of all copyrights for any artwork proofs and concepts. High resolution files are only released once full payment is received.
Revisions to Artwork
The client understands the design fee includes two (2) revisions (unless otherwise specified on the initial project quote or listed within the SB Creative Co. Design Guide); additional revisions or alterations are charged at an hourly rate + GST (or as advised in the quote). Any additional revisions or variations from the original scope of the project will be charged and shown as variations on the Client’s invoice.
Timeframe & Delivery
SB Creative Co. will provide initial artwork concepts to the Client, only after the Client has supplied all copy and text required for the project. Initial proof and concept designs vary from project to project, and will be outlined to you at commencement of the project.
The Client will be able to view his / her concepts or revisions and be able to provide feedback about the design. SB Creative Co. will review the Clients feedback and revise the designs accordingly. The revised designs will be presented to the Client within 2-5 working days.
Please be aware that in higher than usual demand, initial proofs, concept designs, and any revisions will therefore be scheduled for the next available time slot, and the client will be notified of the earliest possible time.
Any and all revision requests or project additions/alterations MUST be given to SB Creative Co. in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by email or mailed / delivered letter. The Client shall also bear the cost of any fonts, colour proofs, photography, or artwork specially purchased at the Clients request. Rush charges may also apply for jobs with short deadlines, as quoted by SB Creative Co. at commencement of project if advised by the Client, or applied after the commencement of the project if Client's situation changes. Rush charges are charged at SB Creative Co.’s discretion.
SB Creative Co. will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond SB Creative Co.’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of art must also be provided to SB Creative Co. in writing before any work is released – verbal approvals cannot be accepted.
Telephone contact hours and regular working days are strictly Monday through Friday, 9am - 5pm Eastern Standard Time, excluding Australian public holidays.
Approval of Artwork
While SB Creative Co. takes all care to avoid errors, SB Creative Co. accepts no responsibility for typographical errors, spelling mistakes, colour errors, graphical or photographic errors, or incorrect information on any project committed to print or production.
All concepts provided to the client are for client review and comment purposes only. Until the Client pays all project invoices in full, SB Creative Co. will retain exclusive copyright and licensing of all design, concept and draft materials.
The client agrees 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. Verbal approvals cannot be accepted. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client.
Print and Colour Variations
The client understands that with all printing, there may be some colour variations from what the Client will have seen on screen, to what the final product will look like. This is due to the nature of different colour calibrations on screen and the CMYK printing and bulk-run printing process. Printed colours can also vary between printers, jobs and different print runs.
The client also understands that with all printing, trimming in rare events may vary by up to 1-3mm from the final artwork proof. SB Creative Co. will not be held responsible in anyway for slight trimming variations as specified, or colour variations, however will take measure to ensure colours of artwork are as accurate as possible. There will be no reprints at the expense of SB Creative Co.
File Formats & Resending Files
SB Creative Co. does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request.
If a client has lost, or accidentally deleted files delivered by SB Creative Co. after the completion of any project, SB Creative Co. can re-upload files to dropbox or re-email for a fee of $40+GST per request.
The Client acknowledges that SB Creative Co. has no control over and accepts no responsibility for changes to procedures and layouts by third party websites or suppliers. SB Creative Co. accepts no responsibility for any issues that may arise due to such changes in relation to the use or application of artwork created by us. Should artwork changes be required due to third party changes, alteration fees will apply.
Late Payments & Default
Accounts which are not paid within 14 calendar days, will incur a late administration fee of $20+GST. Accounts which remain outstanding for 30 days after the date of invoice, will incur an additional late payment fee equivalent to 4% (48% p/a) of the project costs each month payment is outstanding.
If the account remains unpaid after 90 calendar days, SB Creative Co. will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Suspension or cancellation of services does not relieve the client of it’s obligation to pay the due amount.
In the event there has been no activity initiated by the client on a project in 30 calendar days, the project will become be classified as “inactive”. If the project is more than 50% completed (determined by SB Creative Co.) an invoiced will be raised based upon the percentage of work completed (determined by SB Creative Co.) The client is welcome to re-open the project at anytime.
If for any reason, 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 suitable solution to avoid any additional charges being applied to your account.
In the event of a change of mind (after a project has commenced) the deposit will be forfeited in lieu of compensation to SB Creative Co. for any research, resources allocated or design work that has commenced on a project.
In the instance of clients who have paid a 50% deposit; if the project is more than 50% completed (this is determined by SB Creative Co.) an invoiced will be raised based upon the percentage of work completed (determined by SB Creative Co.)
In the event of cancellation of a project by the client, all artwork and ownership of all copyrights shall be returned and retained by SB Creative Co.
No work will begin on any new project until all outstanding accounts are settled in full.
Copyright / Licensing
The Client unconditionally guarantees that any element of text or graphics furnished to SB Creative Co. for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organisation. The Client will hold harmless and protect SB Creative Co. from any claim or suit arising from the use of such as furnished by the client.
SB Creative Co. makes every effort to produce original artwork. If, however, we create artwork for you, which accidentally infringes on any existing trademarked artwork, SB Creative Co.’s liability is limited only to a refund of the paid amount by the client.
SB Creative Co. will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use. SB Creative Co. will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
SB Creative Co. reserves 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 required. All stock photography is used under royalty-free licence of SB Creative Co. As such, the Client has legal rights to use the photography only within the scope of the purchased design. All original copyright is retained by the photography or licensing agency.
All concepts provided to the client are for client review and comment purposes only. Until the Client pays all project invoices in full, SB Creative Co. will retain exclusive copyright and licensing of all design and draft materials.
Liability & Litigation
Under no circumstances shall SB Creative Co. be liable to the Client for an indirect or consequential loss suffered by The Client relying on the information included in the supplies prepared by SB Creative Co. including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
SB Creative Co. reserves 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 SB Creative Co. in print or digital media portfolios, social media and blogs.
Your privacy is important to us. SB Creative Co. respects your privacy and personal details. Any information supplied to SB Creative Co. during the design process will be solely used for that purpose and not disclosed to any third parties without written consent of the client.