Standard Terms
At Alain Studio, we believe that communication is key and upfront information is kindness. We all want a smooth and enjoyable experience while working together.
Let’s make sure we’re on the same page before beginning and make this a positive and rewarding project.
General Conditions of Contract
- These Terms and Conditions cover all Contracts entered into by a Client with Alain Studio.
- These Terms and Conditions apply to all individuals, businesses, or companies (Client/s) engaging the services of Alain Studio and subcontractors.
- Amendments to these Terms and Conditions must be made and mutually agreed to prior to the acceptance of the quotation/estimate and initial payment by the Client. The agreed amendments will be rewritten into a new quotation/estimate by Alain Studio for the Client to approve.
Payments
Commencement of work/ Accepting the Contract
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Below are Alain Studio’s standard Terms and Conditions for all projects. Please take time to read through these Terms and Conditions thoroughly and ensure you understand them and their implications before you agree to commence a project with us. By accepting the provided quotation/estimate from Alain Studio and upon initial payment, you accept and agree to our Terms and Conditions. Any additional Terms and Conditions listed on the quotation will form part of this contract.
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We require a non-refundable initial payment as listed on the quotation/estimate, or full payment, before we begin any work.
Estimates and Quotations
- A quotation/estimate is valid for 30 days from issue and is subject to amendment, change, or substitution if it is not accepted in that time frame.
- A quotation is an estimate only. Additional resources or time spent may incur extra costs.
- The quotation/estimate is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Alain Studio to be a competitor of Alain Studio. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.
Payments and Billing
- We require a non-refundable initial payment or full payment as listed on the invoice before we begin any work.
- Any remaining balances will be due upon delivery of the project. Only once the remaining amount has been paid in full will the project files be forwarded to the Client.
- The Client has the right to request fees be broken down according to stages for large projects. This must be mutually agreed to before commencing the project.
- Alain Studio reserves the right to withhold any and all project files until the remaining amount has been paid in full by the Client.
- Alain Studio reserves the right to invoice for work done to date if the project exceeds 30 days from date of quotation/estimate acceptance and initial payment. This invoice is to be paid within 14 days.
- If the project exceeds 60 days from date of quotation/estimate acceptance and initial payment, the Client agrees to pay the remaining project cost in full within 14 days.
- Any late delivery of work/services does not permit the Client to withhold payment.
- Late fees: Balances 1-30 days past due will incur a 10% fee. Balances past due beyond 31 days will incur an additional 5% fee per 30 days.
- If an invoice remains unpaid for more than 14 days past due, we may decline to undertake any further work from you. In that case, we will still charge you for the full amount of work done up to that date.
Pause of Project
- 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 Alain Studio and the project is reactivated, it will be rescheduled based on our current workload and availability. Alain Studio will notify you if pause of project is activated.
- If a client wishes to pause the project, all work done to date will be invoiced and to be paid within 14 days. When the client wishes to reactivate the project, it will be rescheduled based on our current workload and availability.
No Communication Policy
- After 30 days of no communication from the Client, the project will be considered cancelled. Any work completed up to this date will be invoiced and to be paid within 14 days.
Termination/ Cancellation
- It is agreed that the project may be cancelled by The Client by written notification. Should The Client breach this agreement or our standard 15 day payment terms, Alain Studio also reserves the right to cancel the agreement by written notification. Alain Studio retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.
Copyrights
Rights and Ownership
- Unless otherwise stated in the quote/proposal, it is agreed that Alain Studio will have the exclusive right to retain and reproduce any artwork and other output that is produced from the performance of the work outlined in the quote/proposal.
- Upon final payment, the client gains only the rights to reproduce and distribute the works. The Client does not gain any rights to use the work before project completion and final payment has been made.
- Ownership of the designs remain property of Alain Studio unless a transfer is agreed upon. The price for transference of any intellectual property and its full rights will be determined upon request. If Alain Studio offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, Alain Studio will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.
- Final payment ensures that the Client gains the right to use only the agreed design. Any previous or unused ideas/concepts remain the property of Alain Studio, unless a prior agreement has been made.
- *Exceptions apply to logo design, in which case the Client gains full copyright and ownership upon project completion and full payment.
- It is the Client’s responsibility to ensure that any artwork, images, files, and text submitted does not violate Australian copyright laws. Alain Studio and its subcontractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
Promotion
- Alain Studio retains the right to reproduce or communicate or otherwise use all works for promotional purposes at our discretion, acting reasonably. If you have any concerns about this, please discuss them with us.
Source Files
- Source/working files for any works other than logo design are considered Alain Studio’s intellectual property. The files will only be provided to the Client upon request after an agreed transfer of copyrights and payment of its associated fee has been made.
- Alain Studio still retains rights to reproduce the works for promotional purposes after transferring the intellectual property, unless otherwise agreed upon.
Scope
Amendments and Feedback
- Revision rounds may be included as per each invoice to provide feedback and modification requests. Any additional revision round will be charged at a rate decided by Alain Studio.
- If the Client changes the brief after any design work has begun, all work up to date will be invoiced and to be paid within 14 days. The new brief will be treated as a new project.
Rush Jobs
- If any services are requested with a shorter turnaround than quoted, a rush fee may be quoted if time is available.
- Alain Studio has a commitment to clear communication with our clients. We will communicate with you prior to charging rush or scope-related charges.
Excess Work & Author’s Alterations
- Excess work is defined as any work involving additions to the list of items and/ or any work undertaken that exceeds the work outlined in the quote/proposal. AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and AAs will be charged in 30 minute increments at the current hourly rate.
- If work undertaken exceeds the work outlined or any addition is made to the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for “Excess Work”.
Liability
- Alain Studio will not be responsible for any damage, loss or liability the client or any third party may suffer. This includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Alain Studio or otherwise.
Approving Proofs
- The client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes but is not limited to: design, spelling, grammar, illustrations, images, and quantity. It is the responsibility of the client to request another copy if the proof is difficult to read or changes are required.
- The Client’s final accepted proof is the artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense.
Delays
- In the estimate/proposal provided for your project, we may provide the estimated time it will take to be completed. This time frame may be longer if you fail to provide content in a timely fashion. Time frame does not start until initial payment is made.
- Illness, injury, or other events beyond Alain Studio’s control such as: theft, fire, computer failure, and Acts of God may result in a delay of unpredictable length.
Stock Photography, Print & Expenses
- Stock photography and graphics will be purchased and costs will be billed to the Client. Otherwise, The Client will be required to obtain photos and graphics through their own means. Any stock photography and/or graphics required for inclusion in The Client’s design work remain the property of Alain Studio and may be used in multiple, separate projects.
- If requested, Alain Studio can print your project if discussed. Alain Studio can get quotes from multiple printers and come up with the best solution for your print needs. Alain Studio may charge for time spent and a markup fee on top of the printing costs.
- Alain Studio will bill any expenses for the project to the client and will charge a markup for time on top of every expense.
We reserve the right to revise these terms and conditions at any time.