General Terms and Conditions
Please read the following terms and conditions carefully, as by accepting any quotation provided, and therefore hiring Fat Red Bird Designs it is deemed that the client has read and agreed to Fat Red Bird Design’s terms and conditions as outlined below.
‘Fat Red Bird Designs’ or ‘FRB Designs’ means Renee Hall trading as ‘Fat Red Bird Designs'.
‘Client’ means a person/s or company who engages Fat Red Bird Designs for design and related services
‘Quotation’ means the design quotation provided to the client in writing by Fat Red Bird Designs.
‘Project’ means the scope and purpose of the client’s identified usage of the work product as described in the quotation
‘Service’ and ‘services’ means the service/s to be provided to the client by Fat Red Bird Designs, as described and otherwise further defined in the quotation
‘Deliverables’ means the end product/s to be delivered by Fat Red Bird Designs to the client, in the form and media specified in the quotation.
All Quotations are provided by Fat Red Bird Designs free of charge and are valid for 14 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All prices are in Australian Dollars. Additional work which is outside the original scope and not provided for in the original quotation is charged at an additional hourly rate of $60 per hour ex. GST, dependent on the particulars of the project.
3. INVOICES & PAYMENT
An invoice will be issued to the client for all work to be completed by Fat Red Bird Designs. All invoices are payable within 7 calendar days of the date of issue unless otherwise agreed. An up-front 50% deposit is required prior to commencing any project. Work on the project will begin once the 50% deposit has been received. Clients residing outside of Australia are required to make payment in full prior project commencement. Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing, and/or publishing websites. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 7 calendar days of the date of issue.
4. CONFIDENTIAL INFORMATION
Fat Red Bird Designs and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information and shall not disclose confidential Information to any third party or use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
Every possible endeavour is made by Fat Red Bird Designs to meet required deadlines. Additional charges may apply if Fat Red Bird Designs is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify Fat Red Bird Designs of deadlines prior to the commencement of the project. Fat Red Bird Designs will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond Fat Red Bird Design’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of artwork must also be provided to Fat Red Bird Designs in writing before any work is released – verbal approvals cannot be accepted.
All concepts created by Fat Red Bird Designs are presented in low resolution draft format for on-screen proofing. High resolution files are only released once full payment is received. Fat Red Bird Designs exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by Fat Red Bird Designs are created to the very best of Fat Red Bird Design’s ability and knowledge. The client must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.
Any and all corrections, changes or amendments to a project must be provided to Fat Red Bird Designs in writing. Each quotation allows the client one round of minor revisions to their project unless otherwise specified. Any revisions not nominated in that round of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $120 per hour. Revisions deemed by Fat Red Bird Designs to take in excess of 50% of the time required to produce the deliverables, are substantial revisions and are charged at an hourly rate of $60 to $120 per hour ex. GST dependant on the particulars of the project. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date.
8. ERRORS & OMISSIONS
Whilst all care is taken by Fat Red Bird Designs in producing proofs and final artwork, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of artwork is provided to Fat Red Bird Designs in writing – verbal approvals cannot be accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. Fat Red Bird Designs cannot issue credit or refunds.
9. OFFSET & DIGITAL PRINTING
Files provided by the client to Fat Red Bird Designs for use in high quality print reproduction must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where Fat Red Bird Designs is required to manipulate and convert client supplied files to ensure they are press-ready. Fat Red Bird Designs thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, colour and stock. The client accepts that Fat Red Bird Designs is not responsible for any client supplied images that do not print as expected. Fat Red Bird Designs supplies files to print companies and other third parties for high quality reproduction at a minimum of 300dpi at actual size, or as high resolution PDF’s, and according to their required specifications.
Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that Fat Red Bird Designs is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. Fat Red Bird Designs will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The client accepts that Fat Red Bird Designs is not responsible for any print inaccuracies that may arise.
10. FILE FORMATS
Fat Red Bird Designs does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request. Upon project completion, Fat Red Bird Designs securely backs up and stores all associated files. Should the client request the supply of any files more than 30 days after project completion, a small retrieval fee may be incurred. Artwork and files required to be burnt to disc or USB storage incur a fee of $25 per disc/storage device, to cover time and consumables.
11. USE OF IMAGES
Fat Red Bird Designs can not use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. Fat Red Bird Designs can source professional stock photography as required. Professional stock photography that is not accounted for in the initial quotation attracts an additional cost which is payable by the client.
Fat Red Bird Designs maybe engaged by a Client to take photographs for a graphical design project, Fat Red Bird Designs owns the Copyright on all these photographs. The option to purchase the license for these digital files maybe negotiated.
13. INCOMPLETE & CANCELLED PROJECTS
The client, within 14 calendar days of receipt of each proof, shall notify Fat Red Bird Designs of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact Fat Red Bird Designs within 14 calendar days of receipt of proof/s, and notify Fat Red Bird Designs of any corrections, changes or amendments, or of final proof approval, Fat Red Bird Designs reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, Fat Red Bird Designs will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
14. ADDITIONAL COSTS
On-site consultations are charged at $60 per hour ex. GST unless otherwise specified. Travel time and associated costs for on-site consultations may also be calculated as an additional cost.
Quotation pricing includes Fat Red Bird Designs fees only. Any and all third party costs will be invoiced to the client, unless specifically otherwise provided for in the quotation. Such outside costs include, but are not limited to, postage and packaging, freight and shipping, courier fees, high-resolution proofs from chosen offset printer, offset printing, digital printing, photocopies, artwork burnt to disc, subcontractor’s costs and fees, stock photography, photography and or artwork licenses, online access or hosting fees, parking fees, tolls, taxi fares and public transportation fares.
Fat Red Bird Designs retains the right to publish and display any client projects in Fat Red Bird Design’s portfolio, website, design periodicals, and other media or exhibits.