Terms & Conditions.
Below is an outline of our standard terms and conditions. Please take time to read through thoroughly and ensure you understand these terms and conditions before you commence a project with Candid Avenue.
All work is carried out by Candid Avenue on the understanding that the client has agreed to Candid Avenue terms and conditions. Please note terms and conditions are subject to change at any time. It is the responsibility of the client to periodically review terms and conditions.
Definitions
Candid Avenue, We: Candid Avenue. Client, You, Your: The person or entity requesting the services of Candid Avenue. Project: Refers to anything that is created by Candid Avenue. Including, but not limited to, graphic design, website design, photography, video and programming.
Full ownership and copyright is assigned to client only once full payment is cleared in full. If a choice of design is presented, only one solution is deemed to be given by Candid Avenue as fulfilling the contract. All other designs remain the property of Candid Avenue, unless agreed in writing that this arrangement has been changed.
Brief
Before a project quotation can be given, Candid Avenue requires a full project brief to be supplied by the client. If the brief varies greatly as the project evolves this may result in a change in estimated cost and timeframe parameters.
Quotation
At the time of project proposal, Candid Avenue will provide the client with a written estimate or quotation.
All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and are subject to amendment to meet any rise or fall in such rates/costs and working hours.
Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new quote must be obtained.
Quotes are valid for 7 days from the date of issue.
If the quote is not accepted via an email confirmation within the 7 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or Candid Avenue fee alterations.
Work required at short notice and after office hours may incur extra charges.
Invitation & Specialty Design
In the case where the Project requires invitation or specialty design items such as boutique stationery, quotations will be broken down into design and materials. Where the Client is unable to provide a clear brief, a pre-planning fee will be incurred in order for Candid Avenue to provide samples of design prior to quoting the full job. Should the Project continue after samples have been provided, that fee will be taken off the full Project cost. In the event the Client wishes to not proceed with the Project, Candid Avenue retains the fee in full to cover planning and design hours.
Commencement of work
The client agrees to provide written approval or emailed approval of a quote or estimate before any work is commenced. The placement of an order for design and/or any other services offered by Candid Avenue and validated by the written or emailed approval on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Candid Avenue.
It is the responsibility of the client to ensure all material is provided prior to work commencing. Supplying material that it is not yet finalised and in various timeframes will prevent a project from moving forward and other jobs will take precedence which may affect the estimated deadline for your project.
Communication during Project
Communication is usually most effective in email during a project. In some cases, one to two meetings are arranged to establish and maintain direction. Extra meeting time may be arranged if absolutely necessary however, should these meetings effect the number of hours estimated for a project, additional fees may be incurred.
Excess Work
This is defined as any work involving additions to the list of items defined in the Project Proposal 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.
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.
Publication and/or release of work performed on behalf of the client by Candid Avenue may not take place before cleared funds have been received.
Any booking fees, design commencement fees, or progress payments are non refundable under any circumstances.
Payment
The client agrees to pay a non-refundable 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. If the work time exceeds 2 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.
We invoice on a fortnightly basis. All payment terms are strictly 7 days from date of invoice.
For larger projects with a design estimate of $2,000 AUD or more the full project cost is split into three payments of 50% deposit, 25% milestone payment and 25% final payment.
Supply of content
If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun then penalty fees may apply for any work needing to be re-created or edited.
All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of your project. Candid Avenue will not be held responsible for writing or editing any text copy. If you’d like assistance in editing supplied copy, suggestions can be offered, however Candid Avenue does not offer copywriting.
Everything needed to complete the project, including text, images and other information will be provided in the correct and requested format. Graphic files should be supplied in editable vector digital format while photographs should be supplied in a high resolution digital format. If there is a need for stock images, I can source on your behalf and charge accordingly.
All supporting visual material such as logos and images should be emailed to Candid Avenue if possible. If file sizes are too large, please provide them via Dropbox.
It is the responsibility of the client to ensure all supplied images or artwork have received the appropriate copyright permissions or privacy release. Candid Avenue accepts no responsibility.
Approval of final artwork
The client is to proof read and approve all final copy before the production of artwork. The email verification of the clients or representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. While Candid Avenue takes all care to avoid errors, Candid Avenue accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading.
Design project completion
Candid Avenue considers the design project complete upon receipt of the customer’s written or emailed approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Project timelines/deadlines
Candid Avenue endeavours to respect all project timelines discussed with the client. However, all timelines provided by Candid Avenue are estimated on a pre-determined length of time that Candid Avenue considers realistic for the completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be complete by that date.
Print design
While extreme care is taken during the design process, it is the responsibility of the client to ensure the work has been proofread sufficiently and that all components are correct. A proof will be provided for final approval. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proof reading. If errors are found after printing, the client is still liable for payment should a reprint be required.
Late Payments & Default
All invoices are Net 7 days. Failure to pay within 30 days will attract a 10% interest for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 45 days from the date of invoice or the client has stated expressly that they do not intend to pay an invoice by Candid Avenue, unless prior arrangements have been made. Candid Avenue shall at its sole discretion suspend any and all services provided to the client by Candid Avenue 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 monies 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 agrees to pay Candid Avenue reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Candid Avenue retains all copyright for work performed until full project costs have been paid. Candid Avenue reserves the right to reuse or resell work undertaken in the case of payment default.
Candid Avenue 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.
No claim against invoices are accepted after 14 days
Copyright
It is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission. It is agreed that Candid Avenue hereby assign to the client, upon written confirmation of this submission, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined in the Project Proposal. This granting of copyright does not extend to the use of design proposals submitted but not approved by the client for the work outlined. Until final payment, Candid Avenue fully retains ownership of all artwork and website architecture. Candid Avenue reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Candid Avenue reserves the right to use stock images in the creation of designs if required. This cost may be included in the Project Proposal, however in some cases may be quoted separately after job commencement.
Other than for the promotional use of Candid Avenue 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 Candid Avenue shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
Confidentiality
Candid Avenue 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.
Disclaimer
Candid Avenue makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Candid Avenue will not be held responsible for any and all damages resulting from products and/or services it supplies. Candid Avenue is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Candid Avenue responsible for any such loss or damage. Any claim against Candid Avenue shall be limited to the relevant fee(s) paid by the customer.
Candid Avenue reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Candid Avenue will not knowingly perform any actions to contravene these and the client also agrees to be so bound.