Terms and Conditions
All design work is carried out by LoveBurd Design Pty Ltd on the understanding that the client has agreed to abide by LoveBurd Design Pty Ltd terms and conditions.
Copyright of all graphic design work is retained by LoveBurd Design Pty Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by LoveBurd Design Pty Ltd as fulfilling the contract. All other artwork designs remain the property of LoveBurd Design Pty Ltd, unless agreed in writing.
Project Acceptance
At the time of proposal, LoveBurd Design Pty Ltd will provide the customer with a written estimate or quotation via email.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to LoveBurd Design Pty Ltd. Alternatively, the client may send an official order with a Purchase Order Number in reply to the estimate or quotation which binds the client to accept LoveBurd Design Pty Ltd terms and conditions. No work on a project will commence until either document has been received by LoveBurd Design Pty Ltd.
Design Fees
Fees for design services to be provided by LoveBurd Design Pty Ltd, will be set out in the written estimate or quotation that is provided to the customer, and will include three rounds of changes only. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until LoveBurd Design Pty Ltd has received this amount.
Changes and Additional Fees
This estimate or quote includes three rounds of changes only. Any additional changes, edits and alterations or work not included on the original quote, and any changes that go over the three rounds of changes included on the quote or estimate – will be quoted for separately.
Rush Fees
If any services are requested with a shorter turnaround than quoted, a rush fee of R500 per hour is applicable if time is available.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.
Payment
The client will be asked to provided artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by Electronic Transfer only.
Publication and/or release of work done by LoveBurd Design Pty Ltd on behalf of the client, may not take place before funds have cleared.
Payment in full is required prior to artwork being sent to print.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. LoveBurd Design Pty Ltd shall be considered entitled to remove LoveBurd Design Pty Ltd and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay LoveBurd Design Pty Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to LoveBurd Design Pty Ltd for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by LoveBurd Design Pty Ltd on behalf of the customer, will remain the property of LoveBurd Design Pty Ltd and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The customer may request in writing from LoveBurd Design Pty Ltd, the necessary permission to use materials (for which LoveBurd Design Pty Ltd holds the copyright) in forms other than for which it was originally supplied, and LoveBurd Design Pty Ltd may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. LoveBurd Design Pty Ltd reserves the right to charge fees for additional useage.
By supplying images, text, or any other data to LoveBurd Design Pty Ltd, the customer grants LoveBurd Design Pty Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in LoveBurd Design Pty Ltd’s portfolio unless agreed otherwise.
Should LoveBurd Design Pty Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow LoveBurd Design Pty Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold LoveBurd Design Pty Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that LoveBurd Design Pty Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by LoveBurd Design Pty Ltd, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of LoveBurd Design Pty Ltd and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. LoveBurd Design Pty Ltd will not be held responsible for any and all damages resulting from such claims. LoveBurd Design Pty Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold LoveBurd Design Pty Ltd responsible for any such loss or damage. Any claim against LoveBurd Design Pty Ltd shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to LoveBurd Design Pty Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to LoveBurd Design Pty Ltd in electronic format as standard text (.txt), MS Word (.doc) via Google Drive, Dropbox, Wetransfer or e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by LoveBurd Design Pty Ltd viaGoogle Drive, Dropbox or Wetransfer. Images must be of a quality suitable for use without any subsequent image processing, and LoveBurd Design Pty Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. LoveBurd Design Pty Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by LoveBurd Design Pty Ltd of a design project’s duration is to be considered by the customer to be an estimation. LoveBurd Design Pty Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by LoveBurd Design Pty Ltd.
Design Project Completion
LoveBurd Design Pty Ltd considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, LoveBurd Design Pty Ltd will provide the customer with the opportunity to review the resulting work. LoveBurd Design Pty Ltd 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 LoveBurd Design Pty Ltd by e-mail or fax and confirmed by post.
LoveBurd Design Pty Ltd 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.
Design Credits
The customer agrees to allow LoveBurd Design Pty Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to LoveBurd Design Pty Ltd’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow LoveBurd Design Pty Ltd to place all designs on LoveBurd Design Pty Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
LoveBurd Design Pty Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. LoveBurd Design Pty Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that LoveBurd Design Pty Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow LoveBurd Design Pty Ltd to remove the contravention without hindrance, or penalty. LoveBurd Design Pty Ltd is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of any retainer or services may be made at any time by providing LoveBurd Design Pty Ltd with a cancellation request 1 calendar month in advance, in writing. In the event of cancellation of the agreement prior to the completion of the cancellation period, LoveBurd Design Pty Ltd reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by the Company, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising and accounts.
Termination fee
Retainer Contract Client will be eligible for a month’s upfront payment to allow LoveBurd Design Pty Ltd to source another retainer contract to fill client’s slot.
The Pause Clause
If a client deliverable (such as content, approvals, payment) is more than 10 business days late the project will be considered “on hold.” Once the deliverable is received by LoveBurd Design Pty Ltd and the project is reactivated it will be rescheduled based on our current workload and availability. Just be aware, it could be weeks or even months to be back on the calendar if your project is put on hold. LoveBurd Design Pty Ltd will notify you if the Pause Clause is activated.
Disclaimer
LoveBurd Design Pty Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. LoveBurd Design Pty Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. LoveBurd Design Pty Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold LoveBurd Design Pty Ltd responsible for any such loss or damage. Any claim against LoveBurd Design Pty Ltd shall be limited to the relevant fee(s) paid by the customer.
LoveBurd Design Pty Ltd 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. LoveBurd Design Pty Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
LoveBurd Design Pty Ltd and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. LoveBurd Design Pty Ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. LoveBurd Design Pty Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by LoveBurd Design Pty Ltd and validated by the customer’s signature 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 LoveBurd Design Pty Ltd.