Protect. Fair. Legal
Below are business services, trading herein as ‘DOART ‘, and standard terms and conditions. ( through this document is referred to as ‘DoArt Design Studio’, ‘DA’, ‘DoArt Design’,’DoART’, It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with DOART. Please also note that from time to time DOART may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Consult and Progression Fee Terms:
Agreement to work with, via any verbal agreements, by phone, written and nonwritten, digital; not limited to online conferencing, text messages, and email constitutes are in agreement to these terms and conditions stated below.
Payment Terms:
- Consultation Fee: to be paid upfront
- Job specifications and deliverables, applied after initial consult
- Print and Supply Jobs – payment in full upfront.
- Online and digital products: payment in full upfront
Once resources are allocated to a project, any fees are non-refundable. DOART endeavors to provide services that meet the client’s needs. In the event of a change of mind (after a project has commenced) by The Client, a pro-rata payment based on the time spent will be due immediately, including any out-of-pocket expenses. If the work time exceeds 2 calendar weeks in duration, progress payments will be instated.
If the Client delays the execution or performance of a project schedule DoArt Design Studio reserves the right to make payments due, based on the estimated delivery date of the deliverable.
Indemnity Clause
In the event of default on payment by “the Customer”, “the Customer” will be liable for all losses, liabilities, costs, and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitors’ costs) on a full indemnity basis.
Termination policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client canceling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to DoArt. A pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $155 per hour plus GST.
*If however, the work commenced with Hourly Rate Terms with no deposit, payment will be due immediately upon termination for all ‘time spent.
In the event of the cancellation of the project by the client, any use of, or mimic of design collateral, inclusive of ideas, will cause an effect towards legal action. All ideas and design concepts remain under Copyright.
Late Payment:
Late payment on Services will be subject to any costs of collection (including legal fees) and will bear interest at the rate of twenty (20) percent per month or fraction thereof until paid. ( as per indemnity Clause )
*All printing accounts must be settled in full prior to the release of the files to the printer. Accounts that are not paid upfront will incur an administration fee of $155 AUS. Accounts that remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs per week until amounts received. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution.
An account shall be considered in default if it remains unpaid from the date of invoice or the client has stated expressly that they do not intend to pay an invoice. We have the right at our sole discretion to suspend all services and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers, and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made in full.
DOART and its subsidiaries retain all copyright for work performed. DOART reserves the right to use all collateral for marketing purposes and have the rights to resell work undertaken, in the case of a payment default, inclusive of concepts and any ideas that were presented and not purchased.
DOART accepts no liability or responsibility for loss of income or damage to the client for work removed as a result of non-payment and The Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Reimbursement for Expenses:
The price quoted for Services does not include expenses. The Client will reimburse DOART for cost of travel, and out-of-pocket expenses; may include however not limited to handling fee, management fee, software licenses, registration, and the like.
Fees for service:
a) If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement.
b) Where services are hired, the cost will be billed in accordance with time spent, regardless of any job estimations quoted or excess work requests. If the work undertaken exceeds initial estimation or expectation, the client agrees to pay all hourly fees required to complete the work outlined by the client.
As of 2023 Progress payments are implemented.
Inductions
The key reporting relationship will revolve around in-person meetings where support is needed. Any text, email, video meetings or phone communications may be recorded for the protections of both parties.
Artwork Proofing
The final proof is furnished to ‘Client’ to check for any typographical, spelling & grammatical errors. If the artwork needs to be seen by more than one person in any given department by the client, it is the responsibility of in- house management to oversee the project. If an error is missed during the final proofing process that should have been caught, it is the client responsibility for the cost of reprinting.
It is the responsibility of the ‘Client’ to thoroughly reviewed the final project materials described, shown, or attached in each proof. The ‘client’ accepts full responsibility for the final approval and understands that revisions, error corrections, and or preference changes after the approval will be deemed new work and invoiced in *addition to the project’s fees and reimbursements.
DOART will not be held responsible for any errors found in artwork after artwork approvals. Please check all publication/artwork proofs thoroughly before signing off.
Publication of works undertaken, and or release of any work is prohibited until all funds have been received. ( cleared by bank )
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced.
Delivery Of Files
Once the Client has paid in full, the appropriate files are prepared and released in accordance with job specifications. If a client has lost or accidentally deletes the files delivered by DOART; DOART is under no obligation to resend these files.
If these files are held in storage and is within 2 years from the date of completion. ( price for copies will depend on quantity and size of file requests)
Print Production and Print Delivery times:
Printing turnaround time = min between 7- 21 days. (Dependent on job specifications)
Delivery dates are made from the information available to us at the time.
Copyright:
It is illegal to take ideas and use concepts for competitive 3rd party quotation or redesign. All ideas and design collateral remain the property of DOART. DOART is a registered trademark. All Designs are protected under this class act. If there is an infringement you will be notified of legal action.
The Client also agrees to allow DOART to showcase selective works.
AI and Copyright Protection: Addressing Plagiarism and Content Ownership
Act of God:
DOART shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any AI or Tech disruption; Including but not limited to war, ( in any form ) natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
