TERMS & 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 with Emma Troy Design. Please also note that from time to time Emma Troy Design may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.

 

Commencement of work

Agreement to work with, and submission of a design brief and payment of deposit to Emma Troy Design constitutes agreement to these terms and conditions.

 

Quotations

All quotes provide to “The Client” are valid for 7 days only. All prices are excluding GST unless otherwise stated and are quoted in Australian Dollars.

Any additional branding or design work outside the terms of the quote will be charged to “The Client” at an hourly rate of $100 per/hour. For additional web development work “The Client” will be charged at an hourly rate of $180 per/hour. Emma Troy Design is not responsible for increases in materials by third party services (eg web developers, copywriters, photographers, printers, packaging suppliers) where the increases are beyond our control.

 

Payment Terms

Branding Packages & Graphic Design:

“The Client” agrees to pay a  50% non-refundable booking deposit before starting any design project with the balance payable prior to delivery.

Web Design and Development:

“The Client” agrees to pay a 50% non-refundable deposit PLUS up-front items (plugins, themes etc) prior to project commencement. The remaining funds will be required upon project completion and prior to the website

going live.

Printing:

“The Client” agrees to pay all printing accounts in full prior to the release of the files to the printer.

All Payments to be made via bank transfer. Bank details will be provided on your client invoice. Payment Terms are strictly 1 week. If “The Client” requires longer or would like a payment plan please contact Emma Troy Design prior to project commencement. Late payments will incur interest of 1.5% per month after the due date AND an admin fee of $50 per month. Final artwork files will not be handed over to “The Client” until invoices have been paid in full.

 

MIA clients/freezing projects

In cases where “The Client” cannot be reached via phone or email to meet their requirements of a project, all work will cease and 1 week grace provided. If “The Client” fails to communicate accordingly, another Emma Troy Design customer will be given creative priority. To  re-commence projects where “The Client” has failed to communicate appropriately, a restart fee of 50% of the total project cost will be incurred. Payment in full is required prior to the restart.

 

Terms of Termination

In the case of a change of mind by “The Client” project termination is required in writing and all deposits are non-refundable. Emma Troy Design endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.

 

Design Samples

“The Client”also agrees to allow Emma Troy Design to showcase any/all work created in the course of a project as part of the Emma Troy Design portfolio. Emma Troy Design acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.

 

Ownership & Copyright

Until full payment has been made, Emma Troy retains ownership of all artwork. Upon full payment, “The Client” shall obtain ownership of the final artwork to use and distribute as they see fit. All design developed during the draft process not utilised in the final artwork remain the property of Emma Troy. Ownership applies to the final artwork as a whole and does not limit Emma Troy from the use of artwork elements such as fonts, colour and stock images in other work. If “The Client” requests native files these can be provided and will incur a fee of 0.5hrs art time per file.

 

No Guarantees

“The Client” acknowledges that Emma Troy Design cannot guarantee any results for design and outcomes are based on subjective factors that cannot be controlled by Emma Troy Design.

 

Images & Quality

Some designs may contain stock images that are available for purchase by “The Client”. Any images supplied by “The Client” must be provided in high resolution formats. Emma Troy Design is not responsible for colour variations in conversion for printing or web. Emma Troy Design is not responsible for the reproduction quality of supplied images.

 

Colour Variations & Printing

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 CMYK printing and bulk-run printing system. There will be no reprints at the expense of Emma Troy Design.

 

Resending or uploading design files

If “The Client” loses or accidentally deletes the files delivered by Emma Troy Design at the completion of the project, Emma Troy Design can re-upload to Dropbox, for a fee of $50 per request (ex GST). Providing the request from “The Client” has been made within 2 years from the date of completion.

 

Websites

Hosting
Hosting issues or downtime are not the responsibility of Emma Troy Design. Once projects are launched and handed over to “The Client” future WordPress issues including updating software and plugins are the responsibility of “The Client” and not Emma Troy Design.

Backups
“The Client” is responsible for maintaining their own backups with respect to their website and Emma Troy Design will not be liable for restoring any data or websites.

Post Project Alterations

Emma Troy Design cannot accept responsibility for any alterations caused by a third party occurring to “The Clients” pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Emma Troy Design may require a one-off Web Development charge before resolving any issues that may arise.

Browsers
Emma Troy Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). “The Client” agrees that Emma Troy Design cannot guarantee correct functionality with all browser software across different operating systems.

Emma Troy Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to “The Client”. As such, Emma Troy Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Third Party Services
Emma Troy Design may require the usage of third party services – for example, credit card processing or plugins – to complete “The Client’s” project requirements and will ensure these services are integrated into the project and working correctly upon completion. Emma Troy Design cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on “The Client’s” website and may require a one-off Web Development charge before resolving any problems that may arise.

 

Disclaimer

 All information contained in this website is intended for general information purposes only. The information is provided by Emma Troy Design. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Emma Troy Design will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Emma Troy Design has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Emma Troy Design will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.

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