Last updated 10 August 2021
The following Terms and Conditions apply to all Graphic Design Services provided by Red Jacket Creative Pty Ltd (ABN: 60 208 599 022) (Red Jacket Creative) to you or the entity you represent (Client). These Terms and Conditions apply in addition to any applicable terms as set out in a Quote (Quote Terms). The Quote Terms will prevail to the extent of any inconsistency with these Terms and Conditions.
All Graphic Design Services are provided by Red Jacket Creative on the understanding that Client has agreed to these Terms and Conditions and the applicable Quote Terms.
Red Jacket Creative may update or replace these Terms and Conditions from time to time by publishing a new version on its Website. By accepting the Quote Terms after the “Last Updated” date at the top of these Terms and Conditions, Client is deemed to have accepted the updated Terms and Conditions
- Initial Consultation.Your first consultation with Red Jacket Creative to discuss the design brief and scope of the requested Graphic Design Service is complimentary. Any additional requested meetings regarding the Graphic Design Service will be charged at an hourly rate or as otherwise stipulated in the Quote Terms.
- Quoting. Red Jacket Creative will provide Client a Quote outlining the scope and cost of the Graphic Design Service. The Quote will remain valid for a period of thirty (30) days from the date of issue. The Quote provided is based on the information provided by the Client (in writing and/or during the Initial Consultation). If amendments to the brief are made at a later date, Red Jacket Creative reserves the right to alter the Quote to cover additional time and other costs not originally factored into the Quote. Client is deemed to have accepted the Quote Terms and these Terms and Conditions if Client confirms or accepts the Quote in writing or orally (including without limitation by instructing Red Jacket Creative to commence the Graphic Design Service) or pays the Deposit.
- Deposit. Fees. Red Jacket Creative reserves the right to require Client to pay a non-refundable deposit of 50% of the Quote Fees prior to commencing the Graphic Design Service. The Quote will indicate if a deposit is required.
- Fees. Fees for the Graphic Design Service will be set out in the Quote that is provided to the Client. If the Graphic Design Service undertaken exceeds the items specified in the Quote, Client agrees to pay the additional fees for the excess work outside the scope of the original Quote. Wherever possible the Client will be notified of increases in the scope of the Graphic Design Service and/or provided with an updated Quote. For the avoidance of doubt, the Quote Terms and these Terms and Conditions override the terms of Client’s Purchase Order (if applicable).
- Disbursements. Client must pay any third-party costs incurred by Red Jacket Creative, and approved by Client, in relation to Graphic Design Service.
- Short time frame / fast turn-around jobs. If the Graphic Design Services are required by Client in a short time-frame (in the opinion of Red Jacket Creative), then Red Jacket Creative may at its discretion impose a Rush Fee of 25% of the fee(s) to undertake the work in the short time-frame. Red Jacket Creative will advise Client prior to undertaking the Graphic Design Service if they are considered Short Time-Frame. The payment of the Short Time-Frame Fee is payable on the final invoice.
Graphic Design Services
- Client Content. Client must supply all Client Content for the Graphic Design Service in the format requested by Red Jacket Creative as soon as is reasonably practicable for use in the Graphic Design Service. Client Content must be of a suitable quality to use in the Graphic Design Service, for example, images should not require subsequent image processing. Client grants Red Jacket Creative permission to use Client Content freely for the purpose of the Graphic Design Service. The Client represents and warrants that it owns all intellectual property rights and/or licenses and/or permissions to use Client Content provided to Red Jacket Creative for inclusion or use in the Graphic Design Service. Customer fully indemnifies and agrees to hold Red Jacket Creative free from harm in relation to any and all claims resulting from Client not having obtained all the required intellectual property rights, licenses or permissions in any Client Content.
- Amendments. Client agrees that changes required over and above the agreed scope, or where Client makes changes to the supplied copy, changes required to be varied out after acceptance of the Artwork or any amendments to the Final Artwork will incur additional fees. Client agrees that Red Jacket Creative holds no responsibility for any amendments made by any third-party, before or after a design is published.
- Artwork approval, errors and omissions. Red Jacket Creative takes all reasonable steps to avoid errors and maintain its high standards. Client is responsible to thoroughly proofread and check all Artwork for any errors before final approval. Red Jacket Creative accepts no responsibility for typographical errors, spelling mistakes, incorrect information provided to it, or any other errors in relation to the Final Artwork. To the maximum extent permitted by law, Red Jacket Creative is not liable for any Loss caused by any act or omission. The Client’s confirmation (whether in writing or verbally) will be conclusive as to the approval of all Artwork prior to its release for printing; implementation; or to Client. Client will be held liable for any errors in the Final Artwork. No refunds or reprints are provided after a Final Artwork has been released for printing, for implementation, or to Client.
- Copyright. Ownership of copyright and any other intellectual property rights subsisting in any Concept or Artwork vests in Red Jacket Creative upon creation. Nothing in these Terms and Conditions grants, vests or transfers any right, title or license to Client in respect of any Concept or Artwork. All Concepts and Artwork will remain the property of Red Jacket Creative. Red Jacket Creative will transfer the copyright subsisting in the Final Artwork to Client upon full payment of all fees. Client (including its employees, agents, or representatives) must not, and must not attempt to, recreate, rework or reengineer the Final Artwork into a working file or native format. Client agrees that any actual or attempted recreation, reworking, or reengineering by Client (including its employees, agents, or representatives) is a material breach of these Terms and Conditions. Client is responsible for all trademark, service mark, copyright and patent infringement registrations and clearances. Red Jacket Creative will not be held liable for, and Client indemnifies Red Jacket Creative, for any Loss as a result of Final Artwork being distributed or published under the direction of the Client.
- Release of working files. Red Jacket Creative will supply the Final Artwork upon full payment of the fees. Fees for the Graphic Design Service do not cover the release or transfer of Red Jacket Creative’s intellectual property subsisting in Concepts or Artworks including associated working file or native format (e.g., without limitation, indd, psd, AI, png, fla or other source files or raw code). Red Jacket Creative may, at its absolute discretion and subject to a separate quotation or ‘buy-out fee’, make Concepts or Artworks (e.g., without limitation, indd, psd, AI, png, fla or other source files or raw code) available to Client.
- Artwork Back-Up. Red Jacket Creatives performs regular back-up of all Artwork or Final Artwork but does not guarantee, and expressly excludes any representation or warranty, that the Artwork or Final Artwork back-up files (Back-Ups) will be available to Client or free from any error, loss or corruption. Red Jacket Creative will not be liable for any Loss associated with lost or corrupted Back-Ups.
- Website. Red Jacket Creative is not liable for any loss of data, corruption or any Security Incident associated with the Graphic Design Services of Client’s website.
- Print Management. Red Jacket Creative takes reasonable steps to investigate the materials it recommends but does not accept responsibility for the performance or quality of materials or any Loss arising from their failure and Client agrees not to hold Red Jacket Creative liable for any such Loss. With all printing there may be some colour variations from electronic visual representations of Final Artwork or previous orders of the Final Artwork. Red Jacket Creative takes all reasonable steps to ensure high quality printing of Final Artwork but cannot guarantee exact colour matching or no colour variations. Red Jacket Creative will not be responsible for reprinting Final Artwork at its expense.
- Portfolio Samples. Client agrees to allow Red Jacket Creative to showcase Final Artworks created as part of the Graphic Design Service in Red Jacket Creative’s portfolio. Red Jacket Creative acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Payment, Cancellations and Refunds
- Payment. Client must pay all fees. Red Jacket Creative will provide an Invoice to Client following approval of and prior to finalising the Artwork. At this time, all outstanding fees become payable within 7 days. Client acknowledges and agrees that Red Jacket Creative will not release the Final Artwork to Client or submit the Final Artwork for printing until all fees are paid in full. Red Jacket Creative may at its absolute discretion release the Final Artwork prior to full payment, in which case, all outstanding fees become payable immediately.
- Overdue Fees. Red Jacket Creative may charge Client interest at the Overdue Interest Rate on unpaid fees and Disbursements from the date such unpaid fees or Disbursements became due until the date payment is received by Red Jacket Creative’s account in cleared funds. If the Overdue Interest Rate exceeds the maximum permitted legal interest rate, the interest chargeable will be reduced to reflect the maximum permitted legal interest rate.
- Cancellation. Client may cancel the agreement by providing notice to Red Jacket Creative in writing. Red Jacket Creative may cancel the agreement if Client fails to: (i) respond to Red Jacket Creative’s communications or to provide sufficient communication; (ii) provide approval for or avoids finalisation of Artwork; (iii) adhere to the agreed timeline or to provide Client Content and feedback in a reasonable timeframe; or (iv) provide constructive feedback to facilitate revisions or finalisation of Artwork. Client agrees to pay for any hours of work undertaken in relation to the Graphic Design Service undertaken prior to cancellation in accordance with clause 16.
- Confidentiality. Red Jacket Creative will treat all Client information as private and confidential and will not disclose the Client’s confidential information to other parties.
- Red Jacket Creative Warranties, representations and liability. To the maximum extent permitted by law, Red Jacket Creative makes no warranties or representations of any kind, express or implied, for any and all Graphic Design Services, including (without limitation) that the Final Artwork will achieve any specific result and Red Jacket Creative will not be held liable for any and all Loss resulting from the Graphic Design Services it supplies.
- Limitations of Liability. Any claim against Red Jacket Creative is limited to the fees paid by the Client in respect of the relevant Graphic Design Service.
In these Terms and Conditions:
Artwork means the deliverable of the Graphic Design Service as described in the Quote.
Client Content means any text, graphics, images, photos, videos, websites, trademarks, or any other content of Client.
Concepts means any concepts, drafts, working files or native format in relation to the Artwork.
Final Artwork means the final Artwork approved by Client in print-ready, digital, or printed format for the purpose described in the Quote but does not include any Concepts.
Graphic Design Service means the graphic and creative design or other services as described in the Quote and includes the Final Artwork or Print Management Services (if applicable).
Loss means any claims, damages, losses, liabilities, costs and expenses (including reasonable lawyers’ fees).
Overdue Interest Rate means the interest rate quoted by ANZ Bank as its overdraft rate for overdrafts greater than $100,000 (AUD) (Published Rate) plus 1.5% per annum, or should there cease to be a Published Rate, the rate which that bank designates as being an appropriate substitute for the Published Rate.
Quote means the document setting out the agreed scope of the Graphic Design Services and Final Artwork (including agreed format and purpose of the Final Artwork), and any additional terms that apply to the provision of the Graphic Design Services and Final Artwork.
Security Incident means any attempted or actual unauthorised access, use, disclosure, modification, misuse, or destruction of information or data.
Website means the Red Jacket Creative website www.redjacket.com.au.