ESTHETIC | TERMS OF SERVICE
Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Esthetic Boutique Design Agency and/or Esthetic Bride you agree to our Terms of Service and you are aware that you are entering a binding agreement & that payment is required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies, Esthetic Boutique Design Agency and/or Esthetic Brides contractors, subcontractors and employees unless otherwise agreed to in writing by both parties.
GENERAL CONDITIONS OF CONTRACT
1. These Terms and Conditions cover all Contracts entered into by a Client with Esthetic Boutique Design Agency and/or Esthetic Bride for services relating to design, printing, photography, visual media, brand identity, web images and social media assets.
2. These Terms and Conditions are subject to change without notification by Esthetic Boutique Design Agency and/or Esthetic Bride.
3. These Terms and Conditions apply to Esthetic Boutique Design Agency and/or Esthetic Bride and all of its contractors and subsidiaries.
LOGO DESIGN - DESIGN BRIEF, MOODBOARD, VARIATIONS AND GUARANTEE
4. Esthetic Boutique Design Agency and the Client will attend an initial consultation at no charge to the Client. This can be held via phone, email, video conference or in person. A Design Brief & Moodboard will be constructed through the collection of imagery and designs supplied by the client. This is preferred to be created via Pinterest. This will assist in the evaluation and formulation of the Client’s business design requirements.
5. Esthetic Boutique Design Agency offers 3 design revisions included in the initial logo cost, if the concept requires more than the 3 design revisions, these will be charged at an hourly rate of $75 per hour.
6. A logo design DOES NOT INCLUDE full branding or design of any other items other than a logo.
If you require other items ie Business Cards, brochures, website, vehicle signage etc they will be designed as a separate job, to compliment your logo (when finalised), and as such will form the “branding” of your business. Each logo can generate a completely different “brand” which will be developed from the characteristics of the individual logo, and the requirements of your business
QUOTATIONS
7. Quotations are generated by Esthetic Boutique Design Agency and/or Esthetic Bride on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
8. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
9. Esthetic Boutique Design Agency and/or The Esthetic Bride reserves the right to reject a project or client.
PAYMENT
10. Esthetic Boutique Design Agency and/or Esthetic Bride reserves the right to request a deposit or part-payment from the Client prior to commencing or during work on their project. If a deposit or part-payment is requested by Esthetic Boutique Design Agency and/or The Esthetic Bride, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to Esthetic Boutique Design Agency and/or Esthetic Bride, the Client is accepting the Terms and Conditions and entering a contract with Esthetic Boutique Design Agency and/or The Esthetic Bride.
11. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from Esthetic Boutique Design Agency and/or Esthetic Bride.
12. Esthetic Boutique Design Agency and/or Esthetic Bride will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. Esthetic Boutique Design Agency and/or Esthetic Bride reserves the right to not proceed with these services until payment has been received in full from the Client.
13. Esthetic Boutique Design Agency and/or Esthetic Bride reserves the right to invoice prior to the time detailed in clause (14) if the Client has been uncontactable / unresponsive for more than 14 days – refer Cancellation & Variation Policy – begins clause (19)
14. Esthetic Boutique Design Agency and/or Esthetic Bride reserves the right to invoice for work completed if the project exceeds 14 days.
15. The Client reserves the right to request a payment plan which may be accepted by Esthetic Boutique Design Agency and/or The Esthetic Bride at its discretion. All payment plans must be agreed to both parties in writing.
16. All prices quoted on Esthetic Boutique Design Agency and/or Esthetic Bride web site and advertising material exclude delivery and GST.
17. All payments are to be made within 14 days of invoicing.
18. Esthetic Boutique Design Agency and/or Esthetic Bride 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 14 days.
CANCELLATION & VARIATION POLICY
19. Esthetic Boutique Design Agency and/or Esthetic Bride reserves the right to charge additional costs if the Client requests amendments to the original Design Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).
20. If the Client requests the cancellation of a Contract, Esthetic Boutique Design Agency and/or Esthetic Bride will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date. A termination fee may also be applicable.
21. If the determined monies payable is less than the deposit paid, a refund will be issued by Esthetic Boutique Design Agency and/or Esthetic Bride to the Client for the difference.
22. Esthetic Boutique Design Agency and/or Esthetic Bride will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. Esthetic Boutique Design Agency will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by Esthetic Boutique Design Agency and/or Esthetic Bride to recover all monies owed.
APPROVING PROOFS/DESIGNS/PRINTING/DIGITAL DESIGN
23. The Client is held responsible for providing accurate copy/information. The Client is also held responsible for ensuring that all copy given to Esthetic Boutique Design Agency and/or Esthetic Bride is in it’s final stages & is fully spelling/grammar checked. 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, dimensions and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
COPYRIGHT
24. Ownership of copyright over all concepts and draft Artwork remains with Esthetic Boutique Design Agency and/or Esthetic Bride. 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 Artwork prior to payment is illegal. For more information visit http://www.copyright.org.au/information
25. Artwork designed will remain the property of Esthetic Boutique Design Agency and/or Esthetic Bride until account is paid in full.
26. Upon full payment of account, copyright ownership will be transferred to the Client. Esthetic Boutique Design Agency and/or Esthetic Bride and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
PRINTING
27. Printing will not commence until full payment for Artwork and print services is received.
28. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
29. 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 CMYK printing and bulk-run printing system. There will be no reprints at Esthetic Boutique Design Agency and/or Esthetic Bride expense.
DELIVERY
30. Esthetic Boutique Design Agency and/or Esthetic Bride supplies files to print companies and other third parties for high quality reproduction, at a minimum of 300dpi at actual size, or as high-resolution PDF’s, and as per their required specifications.
31. Once final payment is received from the Client for completed logo design work, Esthetic Boutique Design Agency will supply the logo to the Client in four (4) print and web ready formats, being .EPS, .PDF, .JPEG and .PNG. Any additional formats required must be requested by the Client prior to project completion and may attract additional costs.
32. Esthetic Boutique Design Agency and/or Esthetic Bride does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). Artwork for completed project will be supplied upon final payment, in the file type/s specified during the Design Brief.
33. Esthetic Boutique Design Agency and/or Esthetic Bride 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 to ensure the products arrive on time and undamaged.
FORCE MAJEURE
34. Esthetic Boutique Design Agency and/or Esthetic Bride shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Esthetic Boutique Design Agency and/or Esthetic Bride including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
AMENDMENTS TO THESE TERMS AND CONDITIONS
35. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of Esthetic Boutique Design Agency and/or The Esthetic Bride prior to the commencement of work.
36. Esthetic Boutique Design Agency and/or Esthetic Bride reserves the right to change/alter/amend these terms and conditions at any time.