Protect . Fair. Legal
Below are ‘Bippity Boppity Boo Pty Ltd’, business services, trading herein as ‘DOART ‘, standard terms and conditions. ( through this document is referred to as ‘DoArt Design Studio’, ‘DA’, ‘DoArt Design’,’DoART’, ‘Bippity Boppity Boo Pty Ltd/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.
Commencement of Work:
Agreement to work with, (Order Request ) and submission of a design brief and or payment of deposit to DOART constitutes agreement to these terms and conditions.
A 50% deposit is required before commencement of work, remaining upon delivery.
or as stated otherwise below:
- *Hourly Rates – time is logged in accordance to job specifications and deliverables.
- *Print and Supply Jobs – payment may be required in full upfront.
- Online digital product downloads – upfront payment
- In some cases where prior arrangement has been discussed and agreed upon.
Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. DOART endeavours to provide design services that meet and exceed a clients needs and expectations, but in the event of a change of mind (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent,*if however the work commenced with Hourly Rate Terms, Payment will be due immediately on all time spent including any out of pocket expenses. If the work time exceeds 4 calendar weeks in duration, a) Quoted Project The Client agrees to a progress payment of 50% of the work balance, per month until the conclusion of the project, with any outstanding amount payable in full upon delivery. b) Hourly Rate The Client agrees to a pay for the work done to date (time spent), until commencement on conclusion of the project, with any outstanding amount payable in full on delivery of final works.
If Client delayed the execution or performance of a project schedule DoArt Design Studio reserves the right to make payments due, based upon the estimated delivery date of the deliverable.
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 cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to DoArt Design Studio / Bippity Boppity Boo Pty Ltd. If the project is more than 50% completed (this is determined by DOART and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $145 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’. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
If a project is cancelled by DoArt Design, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the DoArt Design Studio / Bippity Boppity Boo Pty Ltd.
P.O Box 508 Springwood, Australia, NSW, 2777.
Late Payment: (30 days pending)
Late payment on Services will be subject to any costs of collection (including reasonable legal fees) and will bear interest at the rate of ten (10) percent per month or fraction thereof until paid
*All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. ( unless prior arrangements are in place) 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 that works for your company.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the client has stated expressly that they do not intend to pay an invoice by DoArt Design Studio / Bippity Boppity Boo Pty Ltd. DoArt Design Studio shall at its sole discretion suspend any and all services provided to the client by DoArt Design Studio or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accountsÂ 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 or for 30 days until the client has paid for their invoices in full.
“The Client whose account is in default agree to pay DoArt Design Studio reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
DoArt Design Studio retains all copyright for work performed until full project costs have been paid. DoArt Design Studio reserves the right to reuse or resell work undertaken in the case of payment default.
DoArt Design Studio accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, 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:
Price quoted for Services do not include expenses and Client will reimburse DOART for its reasonable and necessary cost of travel and out-of-pocket costs for software, licenses, registration, and the like. All non-local trips must be approved by Client before commencing.
Fees for service:
a) It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. 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. Wherever possible the client will be notified of increases in the scope of the project.
b) Where services are hired on Hourly Rates, the cost will be billed in accordance to time spent, regardless of any job estimations quoted or excess work requests. If the work undertaken exceeds initial estimation or expectation, client agrees to pay all hourly fees required to complete work outlined by client. Progress payments are expected on Jobs that exceed 4 weeks duration.
Project Organization and Personnel Requirements
The key reporting relationship will revolve around Email, phone and in person meeting support will be utilized where needed. Client will direct all email and phone communication through Petrina Fuda – Managing Director unless otherwise authorized to by Petrina to communicate with other team members.
Artwork Proofing and Approval
The proof is furnished to ‘Client’ to check for typographical, spelling & grammatical errors or mistakes in layout. If the artwork / publication needs to be seen by more than one person in a department, it is the responsibility of the person requesting the artwork to route the proof to the appropriate people. If an error is missed during the proofing process that should have been caught within the department, the department that requested the artwork / publication will be responsible for the cost of reprinting and any other related costs.
It is the responsibility of the ‘Client’ to thoroughly reviewed the 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 projects fees and reimbursements.
If the client wishes these alterations to be made they must agree in writing, and a fee of $145 (plus GST ) per hour will be payable.
DoArt Designers will not be held responsible for any errors found in artwork after artwork approvals. Please check all publication / artwork proofs thoroughly before sign off.
Publication and/or release of work performed on behalf of the client by DoArt Design Studio may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced.
Delivery Of Files
Once Client has approved / signed off on, final Artwork ( or project ) and the invoice has been paid in full, the production / press files are prepared and released to the client or supplier. Packaged files will be sent via email or uploaded to our server for delivery – a link will be supplied for file download ( ZIP File )
Final Artwork Files may be supplied as: ( in accordance to project )
EPS: Encapsulated Postscript -Vector image file / CYMK, or PMS Spot colours (dependant on colour requirements) Re-sizable, Transparent, External print use.
PDF: Portable document format (vector based, transportable)
TIFF: high res un -compressed file used for (CYMK, Photoshop, Transparent).
External print use.
PNG: Pixel image file RGB, Photoshop, Transparent. Internal office use, such as Word, or for online / web applications.
JPEG: compressed image file RGB. (low res and high res)
Mp4 – AVI: Video output ( where applicable)
Resending Uploading Files:
If a client lost or accidentally deletes the files delivered by DOART at the completion of the project, Doart design can re-supply, for a fee of $75 per request (plus GST). Providing the request from the Client has been made within 2 years from the date of completion. ( price may increase, depending on quantity and size of file requests)
Artwork on DVD or USB Drive
If any client artwork is required on CD/DVD, an administration fee plus courier/ postage will be payable. ( price is dependent on amount of ‘client material’ requested)
Print Production and Print Delivery times:
After final artwork approval has been received and upon print ‘purchase order’ placement, Printing turnaround time = min between 7- 21 days. (Dependant on job specifications)
Any estimated delivery dates for your order is made from the information available to us at the time. Circumstances beyond our control may change this date.
Website design credit
The Client agrees to allow DoArt Graphic Design to place a small credit on printed material exhibition displays, advertisements and/or a Doart Graphic on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
The Client also agrees to allow DoArt Graphic Design Studio to place websites and other designs, along with a link to the client site on Doart Graphic Design Studio own website for self promotional purposes.
This proposal assumes goodwill from both DOART and The Client regarding:
What can reasonably be achieved in a given time frame
Making best use of resources to achieve the most effective outcomes
All design concepts are protected under the copyright act. It is illegal to distribute (non paid for) conceptual designs to external parties for competitive quotation or redesign. Designs remain the property of DOART design until paid for. DOART ® design is a registered trademark. All Designs are protected under this class act. If there is an infringement on copyright material provided legal action may take place.
Bippity Boppity Boo Pty Ltd / DOART Design Studio reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of DOART Design Studio all services provided shall be for the exclusive use of the client said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by DOART Design shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
As part of DOART terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. DOART reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting DOART in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
The Client also agrees to allow DOART to showcase any/all work created in the course of a project as part of DOART portfolio or advertising. Bippity Boppity Boo Pty Ltd / DOART acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Act of God:
Bippity Boppity Boo / 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 cause or circumstances whatsoever outside the reasonable control of DOART / Bippity Boppity Boo Pty Ltd. Including but not limited to war, 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.
Freelance contractors and confidentiality
All contractors employed by Bippity Boppity Boo Pty Ltd are held to a strict confidentiality and nondisclosure agreement. Contractors of Bippity Boppity Boo Pty Ltd are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with Bippity Boppity Boo Pty Ltd. If this was to be breached by the contractor Bippity Boppity Boo Pty Ltd will take swift and reparatory measures to ensure The Client is made aware that the contractor in question is no longer a representative of Bippity Boppity Boo Pty Ltd and acting independently.
Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
Bippity Boppity Boo Pty Ltd / DOART Design Studio aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict Bippity Boppity Boo Pty Ltd / DOART guidelines of professional behavior and ethics.
Amendments to these Terms and Conditions:
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by The Client and signed by an authorised representative of DOART prior to the commencement of work outlined in this submission.
Graphic design, strategy, photography, illustration and marketing are all highly creative and subjective art forms. As such DOART take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however DOART cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Bippity Boppity Boo Pty Ltd /DOART. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. The Company Bippity Boppity Boo Pty Ltd / DOART will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Bippity Boppity Boo Pty Ltd / DOART has no control over websites that are linked to on this website.
Those third party websites are under the control of their owners, and Bippity Boppity Boo Pty Ltd / DOART will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.