Terms and Conditions | typhanieandco

Terms & Conditions

Below are And Co Creations (throughout this document will be referred to as ACC) 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 with ACC. Please also note that from time to time ACC 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 ACC constitutes agreement to these terms and conditions.

Payment Terms

“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated, or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. ACC endeavors 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 prorate payment based upon the time spent.

All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. 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.

Design Samples

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

Force Majeure

ACC shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of ACC. Including but not limited to war, natural disasters, 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.

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.

Liability & Litigation

It is agreed that all work and materials provided for “The Client” by “And Co Creations” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that “And Co Creations” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.

Under no circumstances shall And Co Creations 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 And Co Creations 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.

Print – Color Variations

With all printing there may be some color 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 And Co Creations.

And Co Creations retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of And Co Creations. ACC may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, And Co Creations Studio retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment And Co Creations retains ownership of all artwork and website architecture. And Co Creations reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

And Co Creations reserve 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 not included in the proposal quote.

Other than for the promotional use of And Co Creations all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by And Co Creations shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

Goodwill

This proposal assumes goodwill from both ACC and “The Client” regarding:

• What can reasonably be achieved in a given time frame

• Making best use of resources to achieve the most effective outcomes

Resending Uploading Files

If a client loses or accidentally deletes the files delivered by ACC at the completion of the project, ACC can reupload to Drop Box, for a fee of $50 per request (plus GST). Providing the request from the “Client” has been made within 2 years from the date of completion.

Website Design Credit

“The Client” agrees to allow “ACC Graphic Design” to place a small credit on printed material exhibition displays, advertisements and/or an ACC Graphic on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “ACC Graphic Design Studio” to place websites and other designs, along with a link to the client’s site on “ACC Graphic Design Studio’s” own website for self-promotional purposes.

Termination policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to ACC. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by ACC and the client by negotiation) a prorated payment is payable for time spent up until cancellation notice, at an hourly rate of $150 per hour plus GST.

If a project is cancelled by And Co Creations, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the And Co Creations.

Website Design Post-Completion Changes

Once web design is complete, “And Co Creations” will provide the customer with the opportunity to review the resulting work. “And Co Creations” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to “And Co Creations” by e-mail and confirmed by post. ”And Co Creations” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $150 per hour plus GST if applicable.

Confidentiality

It is agreed that employees of “And Co Creations” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.

Late Payments & Default

Accounts which are not paid within 15 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 5% of the project costs for each week payment is outstanding.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “And Co Creations”, unless prior arrangements have been made. “And Co Creations” shall at its sole discretion suspend any and all services provided to the client by “And Co Creations” or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

“The Client” whose account is in default agree to pay “And Co Creations” reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

“And Co Creations” retains all copyright for work performed until full project costs have been paid. “And Co Creations” reserves the right to reuse or resell work undertaken in the case of payment default.

“And Co Creations” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

Amendments to these Terms and Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client “and signed by an authorized representative of “And Co Creations” prior to the commencement of work outlined in this submission.