Terms of Service Agreement 2.0
We provide a Terms of Service document to all clients, in order for us to ensure the highest level of service and professional conduct throughout a project.
Should you find any of the Terms unsuitable for your working requirements, please discuss this with us and we will be happy to discuss and issue an amendment.
Please click on each heading to expand and reveal each section. If you wish to print a copy of this document, you will need to expand all the headings below before printing.
The parties named in the Agreement section below agree to the following:
All quoted hours provided by the Designer are estimates only, and are subject to fluctuation.
All figures are provided in Australian Dollars (AUD). Goods & Services Tax (GST) shall be added for Clients operating within Australia.
Quotes must be approved in writing by the Client prior to work commencement.
Unless otherwise agreed, an upfront fee of 50% of the quote shall be invoiced to the Client, upon acceptance of the quote. The Designer shall then invoice the Client at regular intervals over the course of the project, as determined by the Designer.
If work has commenced, the upfront fee shall be refunded pro-rata to the Client in the event that this agreement is prematurely terminated.
Payment terms are stated on each invoice, but shall default to 14 days from the date of invoice, if this is not stated.
Late or Non Payment
The Designer reserves the right to suspend the project and withhold all Work until all outstanding or overdue invoices are paid. The Designer reserves the right to charge penalty fees to the Client as compensation for administrating late payment.
Any additional work commissioned by the Client shall be subject to seperate quoting and project assignment depending on the nature of the request. Such work will be undertaken at the hourly rate prescribed on the submitted quote.
Any expenses exclusive of normal overhead are not included in this agreement and shall be invoiced separately to the Client. Examples of this include, but are not limited to: stock photography, fonts, materials, supplier fees, courier and travel beyond 25km from the Designer’s premises. The Designer shall inform the Client of such expenses prior to purchase where possible.
The Client will endeavour to inform the Designer of any relevant deadlines, milestones or project timelines (“Targets”) in relation to the Work, as soon as practicable.
If no such information is provided by the Client to the Designer, the Designer shall assume no Targets exist and the Work shall be completed according to the schedule of the Designer, until such information is provided.
While the Designer shall endeavour to meet all set Targets, the Designer shall not be held accountable for any Targets missed as a result of actions of the Client which prohibit the meeting of a Target, eg. Late delivery of materials or information necessary to conduct work.
The Client is responsible for the supply of all necessary copy, content and information required to conduct work, in a workable digital format.
The Designer shall not be held accountable for the quality of any material supplied by the Client, eg. grammatical or spelling errors in copy, or images which are of incorrect resolution for usage.
Each project we undertake includes a set amount of free revision time per project, to ensure that our clients have peace of mind with the work we perform, should they wish us change any aspect of it.
The time allotted for each project depends on the project value (as outlined in each quote we provide) and we use the following scale to determine how much time is allotted:
Under $1000: 0.5 hours
$1000 – $2000: 1 hour
$2000 – $4000: 1.5 hours
$4000+: 2.0 hours
The Designer will endeavour to ensure the highest level of quality and service throughout the project, however the Designer may not be held accountable for uncontrollable variations, eg. color accuracy and image resolution, between:
- Two or more computer monitors;
- Two or more individual hard copies;
- A digital display and a printed hard copy, or vice versa.
All concept visualisations (eg mockups) are to be taken as guides for design direction only, and do not reflect an exact match of the finished product.
Please read carefully: The following Standard Usage Licence (SUL) applies to every project, unless you have IP & Copyright included in your project, or you have purchased such rights from us. If your project includes IP & Copyright entitlements, you can access and sign our seperate IP & Copyright Transfer agreement.
SUL: All copyright and Intellectual Property rights rest with the Designer, for all original work. All rights not expressly granted shall be reserved to the the Designer, eg. portfolio display.
Following payment of all fees, the Client is granted irrevocable, non-exclusive and nontransferable licence to use and reproduce the work for its intended purpose only, within the Client’s single entity.
Additional rights may be purchased by the Client, upon negotiation. You can request this anytime through the Client Area section of the website.
Irrespective of any actions, the following rights survive this and any future agreement:
- The right of the Designer to publicly display and promote any work not bound by confidentiality, for the purposes of portfolio display, and;
- The right of the Designer to claim full or co-originating authorship credit for such work.
- The right for the Designer to posess a copy of all project files for archival purposes.
The Client warrants that it is the owner (or licensee with the right to sub-licence) of all copyrighted material provided to the Designer for the purpose of receiving the Designer’s services, and agrees to indemnify and release the Designer from any breach of copyright committed by the Client.
Negotiation & Dispute Resolution
This Agreement may be re-negotiated and agreed to in writing between both parties at any time during the duration of this Agreement, and must be affixed and signed separately to this original contract as an amendment. Such amendments are only valid after the mutual signature of the Designer and Client is given.
In the event of a dispute, The Designer and Client must aim to resolve all disputes personally within 28 days via abritration, prior to engaging any other mechanism.
Any fees or invoices owed by the Client must be paid to Designer upon termination of this Agreement.
Either party may terminate this Agreement without reason, by giving 14 days written notice.
Any fees or invoices owed by the Client must be paid to Designer upon termination of this Agreement.
All Services and Work performed carries a 12 month warranty. The conditions of the warranty are as stated in Section 4 of Manufacturers Warranties Act 1974 (SA).
If we build a WordPress website for you, the following shall also apply.
Elementor Pro Licence
For each WordPress website we build, we grant you a complimentary non-transferable license for Elementor Pro to use on your site. In the event you switch design providers, or we terminate our parent Elementor licence, you will still be allowed to use your copy of Elementor Pro as-is. However, your license will no longer be “live”, in that you will not recieve further updates and support unless you purchase your own individual license. Elementor Pro will notify you if your license is due for renewal. For more information, please visit www.elementor.com/pro.
If you are hiring us for commercial photography services (or if we provide this service to you as part of another project) the following additional terms apply.
Copyright intellectual property rights
The photographer retains copyright and intellectual property rights for each image produced, and retains ownership of all original captures and processed files supplied. Unless otherwise stated, once all outstanding invoices are paid in full, the Client is granted a license to use the photographs for the agreed purposes as outlined in the job specifications / quote. Any photographs which are not provided to the Client as part of a final collection, as well as other work (not limited to but including planning notes etc) shall remain the property of the Photographer. Additional rights may be purchased by the Client, upon negotiation.
The license is not transferable and the images may not be passed-on or on-sold to any third party or parties without written permission from the photographer. Such transfer may involve an additional fee.
Irrespective of any actions, the following rights survive this and any future agreement: the right of the Photographer to publicly display and promote any work not bound by confidentiality, for the purposes of portfolio display, and; the right of the Photographer to claim full or co-originating authorship credit for such work.
Cancellations & Postponements
If cancelled or postponed within 48 hours of the shoot date, we reserve the right to charge 100% of the photography & pre-production fees, and any expenses incurred up to the date of cancellation.
We reserve the right to charge 75% of all photography, pre-production, assistants & crew fees on any weather postponements, delays or cancellations at our discretion and 100% of all direct costs paid or due, such as accommodation and travel expenses, props, equipment, studio and vehicle hire etc will be charged.
Indemnity & Releases
The photographer shall not be liable for any legal actions, claims or damages resulting from or arising out of the use of, publication or distribution of the images. The client agrees to indemnify and hold harmless the photographer against any claims and/or damages, including any legal fees, arising from the images.
The Client agrees to ensure that they have the appropriate releases and permissions, which includes but is not limited to; model releases, property releases, trademarks, works of art, copyrighted works and registered designs. The client will indemnify and hold harmless the Photographer against any claims and/or damages arising where appropriate releases and permissions are not obtained; or where photographs are used in a way that exceeds the uses allowed by the release.
The Client warrants that it is the owner (or licensee with the right to sub-licence) of all copyrighted material provided to the Photographer for the purpose of receiving the Photographers services, and agrees to indemnify and hold harmless the Photographer from any breach of copyright committed by the Client.
Any editorial use of the photograph/s provided must credit the Photographer as the following: “Drawcard.com.au”. Type size for authorship credit shall be no smaller than the type surrounding the photograph/s, and must be positioned adjacent to the photograph/s. Photographer reserves the right to charge a fee if authorship is not credited.
Chris Drabsch, Partner at Drawcard
Suite 551, Level 5, 33 Pirie St. South Australia (“The Designer”)
Additional information is submitted via this form to us, including: IP Address, date and time of submission, browser information, and the page where you signed the form. Our system will send you a receipt to acknowledge your signature, however we also suggest archiving a copy of this page for your records.