Terms and Conditions
Person Responsible for Work:
Payment Terms
In circumstances where a quote has been issued a 50% deposit is required upfront, prior to commencement of work. The remaining 50% will be invoiced once the work is completed.
If agreement has been reached regarding payment on an hourly rate basis then an invoice will be issued and payment is required within fourteen (14) days. If the project or the relationship is terminated an invoice for all work performed to that date will be issued.
All payments received are non-refundable in the event the project or the relationship is terminated for any reason.
For worked performed in accordance with a quotation, once the deposit is paid, The Social Herd will commence work. If we do not receive sufficient communication from you to continue the progress of the project, within 6 months from receipt of initial instructions the project will be terminated, and no refunds will be provided.
If any part of the work for this project is delayed for longer than 30 days, The Social Herd will provide an invoice in relation to works performed.
Reproduction of Work
Reproduction of Work
The Social Herd (designer) retains personal rights to use the completed project and any preliminary designs including raw images for the purpose of design competitions, future publications on design, educational purposes, and the marketing of the designer’s business, unless agreed in writing otherwise.
In the event of multiple proposed designs being submitted to you for selection, the one design selected is deemed by The Social Herd as fulfilling the contract. All other designs remain the property of The Social Herd, unless agreed in writing otherwise.
Rejection/Cancellation of Work
Rejection/Cancellation of Work
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified in writing, allowing time for necessary amendments. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and possible billing for all additional time and/or expenses to date. All elements of the project must then be returned to the designer. Any usage of those design elements by the client will result in appropriate legal action. You as client shall bear all costs, expenses, and reasonable solicitor’s fees in any action taken or proceedings brought to recover payment under this contract or in which The Social Herd may become a party by reason of this contract.
Client Responsibilities
As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images, and other information as and when required. You agree to review our work, provide feedback and sign-off approval in a timely manner. You agree to provide payments pursuant to the payment schedule set out at in the final paragraphs of this contract. We have the experience and ability to perform the services you require from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. We agree that we will also maintain the confidentiality of all information that you provide to us.
All persons who feature in imagery and film taken by The Social Herd on behalf of the client have provided the client with consent for their image to be used by the client.
Copyright Terms
Copyright Terms
The designer holds copyrights for all templates they design. By agreement the designer can release to the client design file templates, which will include additional payment.
The Social Herd owns all rights to ones own RAW images, edited images and video files. Those taken on behalf of a client, the client is the first owner of copyright to the images taken for them by The Social Herd.
Licencing of Imagery
Licencing of Imagery
Imagery taken by The Social Herd and purchased by the client for digital and/or print purposes may use the image/s as agreed upon in writing via email.
Images used by an artist for painting and mixed media must only use the image agreed upon and cannot reproduce the artwork for other items to be then sold (eg greeting cards, print reproductions) without first seeking permission from The Social Herd.
The Social Herd maintains personal rights to use the original image/s for their own marketing material.
The Client cannot on sell or provide authority for other businesses/creatives to use the purchased images.
Licenced images must be acknowledged via social media as being photographed by The Social Herd – Instagram (@thesocialherd_au) Facebook The Social Herd.
Providing Content:
Providing Content:
The client may be responsible for providing written content and images for use (unless otherwise specified). It is expected that the content if provided by the client is 100% edited and ready for use. All images if provided by the client need to be in the format that we request and must be approved for copyright purposes. The designer takes no responsibility for images that are found to be stolen or uncredited.
All persons who feature in imagery and film provided by the client have given the client consent for their image to be used.
Revisions
The estimate/quotation price of this project is based on the number of hours that we estimate we will need to accomplish everything that you have told us you want to achieve. If you do wish to change your brief, add extra pages or new concepts, or even add a new product, that will not be a problem. Within our quote/hourly rate we allow for clients to have a maximum of two revisions to works prior to additional charges being required. Such additional charges would be charged on an hourly basis beginning at $150 per hour. Please note, we always endeavour to meet all urgent requests however we are not always in a position to do so, therefore please allow a turnaround of three (3) business days for all design requests or revisions (no matter the size of the request).
Completion of Project:
The work outlined in this agreement will be turned around within a 4-6 week period unless otherwise specified or agreed upon via the The Social Herd and client.
The client is required to give The Social Herd up to three days notice for work that is required outside of the original scope.
For any work that is required to be turnaround within a 12 to 24 hour period, a rush fee of 100% will be charged to the client. The Social Herd will notify the client of this fee prior to commencing the work.
Any delay in the completion of the project due to the actions of the client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion date, upon notifying the client, by the time equivalent to the period of such delay.
All work will be completed within a part time work week between the hours of 9am and 4:30pm.
The designer is entitled to delete raw data files and all final designs and works 6 months after completion of the project.
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