Terms & Conditions
|1. Commencement of work
Agreement to work with,and submission of a design brief and payment of deposit to Gareth Chang constitutes agreement to these terms and conditions.
2. Payment Conditions
“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. I endeavour 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 pro-rata payment based upon the time spent. The remaining 50% payment terms of trading are strictly 15 days from invoice date. Invoices not paid within 30 days are subject to a 10% late payment fee.
3. Intellectual Property
The Client will retain the proprietary rights to any intellectual property (whether registered or not) that you provide to me. I retain the right to all intellectual property (whether registered or not) that is created by me and that is not provided to the Client as a final product (e.g. our working files). The Client will become the sole proprietor of the intellectual property contained in the final product and consents to using the final product in my portfolio for promotional purposes only. Client agrees to credit @gardercha on any applicable socials when any work(s) are used on social media platforms.
4. Your Obligations
I require your cooperation to best service you. I may at times request you to provide me with information, assistance or content. To assist me with managing my time I ask that you respond to our requests in a timely manner. Clients can engage me to provide updates on the project, but I ask that these be kept to a minimum and the project schedule be consulted as to when deliverables are due.
5. Cancellations & Terminations
This agreement will terminate automatically upon completion of the services required. This agreement will be terminated without notice if the Client fails to pay any amounts owing by the due date, or if the Client breaches any other term of this agreement. I reserve the right to terminate this agreement if the Client refuses to comply with our reasonable requests for assistance, and will issue an invoice for all unpaid work as at the date of termination. The obligation to pay survives termination of this agreement. I reserve the right to terminate this agreement in the unfortunate event that I become unable to provide the services requested, in which case all monies paid for work not undertaken will be refunded to the Client.
5.1 As soon as the project is commenced steps are taken to allocate resources at the schedule time, and incur costs and expenses in doing so. Therefore, you agree that if you decide to cancel a project:
(a) Up to 7 days prior to the scheduled time, you will be required to pay 50% of the Project Costs; and
(b) Within 48 hours prior to the scheduled time, you will be required to pay 100% of the Project Costs.
5.2 If you wish me to cease working on a Project, I will invoice you for our Services performed up to the date of termination and for any cancellation fees in clause 5.1 (such final amount to be determined taking into account any payments already made by you), as well as any applicable expenses that we have incurred or are due to incur before the date of termination.
5.3 Without limiting any other term in this Agreement, if you delay the undertaking of the Project by two weeks (by, for example, not providing instructions, information or Client Materials we have requested from you), I may decide to cease working on a Project by providing written notice to you. If this occurs:
(a) I will invoice you for our Services performed up to the date of termination and for any cancellation fees in clause 5.1 (such final amount to be determined taking into account any payments already made by you), as well as any applicable expenses that I have incurred or are due to incur before the date of termination; and
(b) If you wish for the Project to continue at this stage, you must pay a restarting fee of $850 plus GST.
6. Liability provision
To the maximum extent permitted by law, my liability under this Agreement, howsoever arising and whether for breach, in tort (including negligence) or for any other common law or statutory cause of action:
(a) is limited to the amount paid or payable to me under this Agreement for the particular project in the previous 6 months;
(b)excludes any liability for special, indirect, incidental or consequential loss or damage (such as but not limited to loss of: opportunity or goodwill; profits, anticipated savings or business; data; or value of any equipment, and any costs or expenses incurred in connection with the foregoing).