TERMS & CONDITIONS
1. Introduction
2. Services Offered
3. Client Responsibilities
4. Payment Terms
5. Intellectual Property
6. Termination
7. Revisions
8. Liability
9. Governing Law
10. Entire Agreement
These Terms and Conditions ("Agreement") govern the relationship between Foundry ("Agency") and the client ("Client") regarding the provision of creative services.
The Agency provides the following services:
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Graphic Design
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Campaign Design
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Creative Conceptualisation
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Creative Direction
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Logo Design & Branding
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Social Media Assets & Strategy
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Specialisation in Media & Advertising Design
The Client agrees to:
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Provide timely feedback.
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Supply essential information during the design briefing process.
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Make timely payments as outlined in this Agreement.
1. General Payment Structure
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Payment terms vary based on project scale.
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Most fixed packages require full payment upfront.
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For projects valued at $8,000 or more, a 50% deposit is required before project commencement, with the remaining balance due upon completion.
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Payment methods accepted include credit cards and bank transfers. Specific payment terms can be discussed during the proposal stage.
2. Retainers
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Retainer packages are available exclusively to clients engaging our services for a minimum of 6 months.
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Full-time retainer projects are billed at $15,000 per month.
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Part-time or non-full-time retainer projects are billed at $800 per day.
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Retainers are not available for projects valued below $10,000 per month (equivalent to 12.5 working days).
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Payment for retainers is due in advance, with invoices issued monthly.
3. Project Details
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Project hours and timelines will be determined based on the specific services required and the estimated number of revisions.
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The project timeframe will be established prior to commencement, including a clear target completion date.
4. Contractual Agreement
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Each retainer will be governed by an individual contract.
5. Additional Services
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Clients may request additional services or modifications to the project scope. Such requests may incur additional fees and may exceed the original fixed rate.
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Additional requests are subject to the availability and capacity of the designer or agency and may be postponed or declined.
6. Project Segmentation
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For select projects valued at AU $6,000 or more, clients may divide the project into sections, allowing for upfront payment for each part in order of priority.
7. Overtime Charges
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Additional charges will apply for overtime or any work outside the scope of the agreed project.
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The Agency retains copyright ownership of all designs and assets created.
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The Client automatically receives a license to use the assets once delivered.
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The Client may acquire full copyright ownership for a fee. This transfer of ownership permits the Agency to use the assets in a portfolio or showcase, but prohibits further copying or distribution by the Agency.
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Either party may terminate this Agreement in cases of breach of contract, contractual termination clause triggers, frustration, misrepresentation, or by mutual agreement.
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Upon termination, the Agency retains ownership of all intellectual property created during the project. The Client may acquire the intellectual property for a fee.
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If terminated, the Agency will refund a percentage of the original payment based on the completion status of the project at the time of termination.
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The number of revision rounds included in services is determined on a case-by-case basis, based on the agreed package or outlined in the project brief.
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The Agency is not responsible for any issues caused by third parties, including printing or postal delays, problems arising from the Client’s failure to provide relevant information, or any loss of profit, business, or reputation incurred by the Client.
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This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.
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This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior discussions, agreements, and understandings.