T&c’S

Commencement of Work

Acceptance of quote/proposal from Wildflower Design Co constitutes agreement to these terms and conditions.

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 additional work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.

Payment

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. Wildflower Design Co endeavours to provide branding and graphic 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 pro-rata payment based upon the time spent. If the work time exceeds 4 calendar weeks in duration, The Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

Additional Work

This is defined as any work involving additions to the list of items defined in the Project Proposal/Quotation or changes to all pieces of finished artwork after sign off by an authorised representative of The Client. From time to time The Client will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $75AUD per hour will be payable. Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Urgent Work

Urgent work requested outside of the scope of the Services which is required outside of ordinary business hours or to the detriment of concurrent work for other clients will be charged at an hourly rate equalling and additional 25% of Wildflower Design Co’s ordinary hourly fees as set out in the quotation.Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced. 

Approval of Final Artwork

While Wildflower Design Co takes all care to avoid errors, Wildflower Design Co accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to production. The Client is to proof read and approve all final artwork before production. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for production.

Copyright

In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Wildflower Design Co until such time an agreement is in place. 

Wildflower Design Co retains full ownership of design concepts and materials it produces. Only finished artwork files suitable for reproduction will be supplied to The Client. Raw/working/source files remain the property of Creative Minds unless otherwise negotiated.  ‘Finished artwork’ is as defined in the proposal/quotation and is dependant on the scope of work. Raw/working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.

Once a concept is approved, finished artwork is delivered to a client and full payment is received, the agreed ownership rights to the finished artwork transfer to the client. Unused concepts remain the property of Wildflower Design Co and includes design proposals and concepts submitted but not approved for the work outlined.  Until final payment Wildflower Design Co retains ownership of all artwork and branding concepts. Wildflower Design Co reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. Wildflower Design Co 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 Wildflower Design Co 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. For additional usage, price will be assessed and quoted as needed. Wildflower Design Co reserve 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 Wildflower Design Co in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Social Media and Content Management Services

Wildflower Design Co has no control over the policies of Instagram, Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilised for campaigns. Wildflower Design Co has no say with respect to the type of content that social media channels accept now or in the future. You acknowledge that Wildflower Design Co makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose. You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Wildflower Design Co for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.

Minimum term of any Social Media and Content Management service is three months. Cancellations of any ongoing Social Media Services must be made in writing. If Wildflower Design Co does not receive notification that the campaign should be stopped after the three month period in writing, you agree that Wildflower Design Co will continue working and payments will continue to be made on a monthly basis. Wildflower Design Co reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, Wildflower Design Co will refund your money for any services not yet rendered.

Website Design – Credit

The Client agrees to allow Wildflower Design Co to place a link to Wildflower Design Co’s own website on the customer’s website. This will be in the form of a small logo or line of text placed in the footer or towards the bottom of each website page. The Client also agrees to allow Wildflower Design Co to place websites and other designs, along with a link to the client’s site on “Wildflower Design Co’” own website for self promotional purposes.

Website Design – Post Completion Alterations

Once web design is complete, Wildflower Design Co will provide the customer with the opportunity to review the resulting work. Wildflower Design Co 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, colour schemes or any navigation features. Any minor changes can be notified to Wildflower Design Co by e-mail and confirmed by phone. Wildflower Design Co 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 $75AUD if applicable.

Confidentiality

It is agreed that employees of Wildflower Design Co 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.

Freelance Contractors and Confidentiality

All contractors employed by Wildflower Design Co are held to a strict confidentiality and non-disclosure agreement. Contractors of Wildflower Design Co are also bound by a strictly enforced non-solicitation agreement for a period of 24 months after the conclusion of their work with Wildflower Design Co. If a this was to be breached by the contractor Wildflower Design Co will take swift and reparatory measures to ensure the The Client is made aware that the contractor in question is no longer a representatives of Wildflower Design Co and acting independently. Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.

Wildflower Design Co aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict Wildflower Design Co guidelines of professional behaviour and ethics.

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 Wildflower Design Co. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Wildflower Design Co and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $100AUD per hour. If a project is cancelled by Creative Minds, 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 Wildflower Design Co.

Late Payments and Default

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.

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 “Wildflower Design Co”, unless prior arrangements have been made. Wildflower Design Co shall at it’s sole discretion suspend any and all services provided to the client by Wildflower Design Co or it’s 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. Wildflower Design Co retains all copyright for work performed until full project costs have been paid. Wildflower Design Co reserves the right to reuse or resell work undertaken in the case of payment default.

Wildflower Design Co 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.

Disclaimer

Graphic design, branding strategy, photography and advertising are all highly creative and subjective art forms. As such Wildflower Design Co take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Wildflower Design Co cannot be held responsible for variations between expectation and outcome.