a. ‘Clarke Street Creative’ is Jennifer Dinsdale trading as Clarke Street Creative.
b. ‘Clarke Street Communications’ is Amanda Mikhael trading as Clarke Street Communications.
c. ‘Clarke Street’ is a collaboration between Jennifer Dinsdale trading as Clarke Street Creative and Amanda Mikhael trading as Clarke Street Communications providing graphic design and copywriting services.
d. Clarke Street Creative and Clarke Street Communications will be henceforth referred to as ‘Clarke Street’ and the terms and conditions shall apply to clients of either and/or both services.
e. ‘The Client’ is the party making a booking for design and/or copywriting related services from Clarke Street.
f. ‘An Order’ is the request for services from Clarke Street.
g. ‘The project’ is a term used to describe service from Clarke Street.
The terms and conditions apply to all dealings between The Client and Clarke Street. By placing an order with Clarke Street, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
a. All quotes are valid for 14 days only.
b. All prices are excluding GST unless otherwise stated.
c. All prices are in Australian Dollars.
d. Any variations to the original scope of the Project or additional changes outside the terms of the quote by the Client will be will be charged at an hourly rate of $80 per/hour.
e. Clarke Street is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control.
a. A 50% non-refundable booking deposit is required before starting any design project.
b. Payments are to be made either by bank deposit transfer or PayPal.
c. All invoice terms are 7 business days from the date of the invoice.
d. Accounts which are not paid on time will incur a late administration fee of $50.
e. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.
f. Final artwork files will not be handed over until the invoice has been paid in full.
g. Supplied files to the Client for any project are limited to .pdf/.jpg/.png/.gif only. Original working files for all projects, including but not limited to layered .ai/.cdr/.psd/.indd files, (excluding logo design files) remain the intellectual property of Clarke Street. If the Client wishes to purchase the original working files from a concluded or on going project, a release fee of 50% of the full project fee or $1000 (whichever is the lesser amount) per file is payable in full prior to file release.
h. Supplied files for Logo design projects will include .ai/.cdr/.pdf/.jpg/.png. Full usage and copyright of logo files* (excluding fonts; see Fonts section below) will be transferred from Clarke Street to the Client upon final payment of the invoice.
i. All printing invoices must be paid prior to sending the artwork to print.
j. All work not completed within a 2 month period will be invoiced regardless.
k. Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
l. If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
a. The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Clarke Street, any deposit paid prior to cancellation will be non-refundable.
b. Clarke Street may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Clarke Street cancels this Agreement, Clarke Street will provide any artwork completed and paid for to date.
5. NO GUARANTEES
a. Clarke Street cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.
b. The Client acknowledges that Clarke Street cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Clarke Street.
a. Clarke Street is an online business therefore the majority of our communication is made via email, this helps us keep track of specific design requirements & any changes required.
b. If you would like to chat with us on the phone or via zoom we are happy to do so, however we ask that you please email us and make an appointment for a time to chat.
a. The Client assumes full copyright and reproduction rights of logo files upon full payment of a completed logo project.
b. Clarke Street retains the copyright for all original master files, including but not limited to layered .ai/.cdr/.psd/.indd files for all projects excluding logo design projects, which remain the intellectual property of Clarke Street. If the Client wishes to purchase the original working files from a concluded or on going project, a release fee of 50% of the full project fee or $1000 (whichever is the lesser amount) per file is payable in full prior to file release. Once this release fee is paid in full, the Client assumes full copyright and reproduction rights of the project.
c. Clarke Street retains personal rights to use completed projects and concept artwork for the purpose of marketing Clarke Street.
d. All images displayed on the Clarke Street website or facebook page are subject to copyright, and must not be copied or used without full permission from Clarke Street and the Client. Any breach of copyright will result in legal action being taken as necessary.
8. DESIGN CREDIT
a. The Client allows Clarke Street to display any projects on the Clarke Street website/ facebook page/ and portfolio for self promotion purposes.
b. The Client agrees to allow Clarke Street to credit design work on all websites or landing pages designed by Clarke Street.
c. If the Client has any intelectual property concerns over a project or project elements that may impact in any way their company/business/product/invention it is the responsibility of the Client to notify Clarke Street that they do not want a project displayed on the Clarke Street website/facebook/instagram/ and or portfolio for self promotion purposes. Clarke Street will consider the position of the Client on all intelectual property concerns and negotiate a suitable date to display the project.
9. TURNAROUND TIMES.
a. Clarke Street will make every effort to meet deadlines. All quoted turnaround times are approximate. Clarke Street will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
a. Approval is required for all projects, via email prior to work being released.
b. Whilst all care is taken by Clarke Street, Clarke Street is not responsible for any spelling, grammatical, numerical errors or omissions after final approval is given verbally or in writing by the Client. Even if these errors are from Clarke Street, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
a. Some designs may contain stock images that are available for purchase.
b. Any stock images that are used in the Clients artwork is licensed for commercial use in the commissioned design/artwork only, to Clarke Street. If the Client wishes to use stock photo/s inhouse for further promotional, online or internal use, they must themselves purchase the image from the stock photo website with the required user license.
c. Any images supplied by the Client must be provided in high resolution (300dpi) and preferably in CMYK. Clarke Street is not responsible for colour variations in conversion from RGB to process CMYK.
d. Clarke Street is not responsible for the reproduction quality of supplied images.
a. Fonts used in the Clients logo projects are licensed for commercial use to Clarke Street, and will therfore be supplied outline/curves only, in line with font licensing requirements. If the Client wishes to use the logo fonts in any further in-house projects (including but not limited to online/apps/websites/marketing materials/eBooks), the Client will be required to purchase the required font licenses at their own expense. Purchasing the correct font license for any other commercial or personal purpose, inhouse or with another designer, is the sole responsibility of the Client. Clarke Street are happy to advise the Client where to purchase font/s, but are not responsible for any liability for any misuse of fonts that contravene the terms and conditions of the purchased font license by the Client.
b. Fonts used in Client projects, excluding logo design, are commercially licensed to Clarke Street and suitable for commercial physical and/ore electronic distribution in marketing/advertising/promotional/stationary materials designed by Clarke Street.
13. COLOUR MATCHING & PRINTING
a. Whilst all care is taken, Clarke Street does not take responsibility for Client supplied artwork that does not print properly.
b. Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.
c. Trimming can vary from printer to printer.
d. If postage of printed proof is required by the Client, it will be at the clients expense and paid in full prior to proof being sent. The above stipulations about colour variations are still applicable to the printed proof.
14. AMENDMENTS TO THESE TERMS AND CONDITIONS
a. Clarke Street reserve the right to change/alter/amend these terms and conditions at any time, and will notify existing clients via email.
Clarke Street Creative is a graphic design studio located in Western Australia. Contact us today for all your professional graphic design requirements to elevate the look and feel of your business.