BASIC BLACK CREATIVE
FULL TERMS & CONDITIONS
We endeavour to create individual branding that you will LOVE for a long time. Below are some details on timeframes, payment terms, copyright & indemnity for you to read before you become a part of the family. We know it's a bit to take in, but don't worry! It's just to protect you and BBC in our budding design relationship. If you have any questions for us, please don't hesitate to ask.
1. The quotation of fees and expenses for each project will remain valid for thirty (30) days from the issue of written quote. Once approval via email is granted for Basic Black Creative to proceed with the outlined project and fees the project is then considered as a full commitment. Response to this email is a verified digital signature and from the starting point of each individual project, no deposit refunds will be given and all design time utilised will all be billable.
2. All quotes unless clearly stated otherwise are given Australian Dollars ($AUD).
3. Unless expressly confirmed in writing, quotations do not include:
(b) Printing costs;
(c) Commissioned photography, artwork, font licensing, copywriting and stock photography, domain registration and hosting costs.
4. Extra costs will be incurred and quoted upon before charged if the client requests additional changes after the number of design proofs stated in the original quotation have been exceeded. Additional costs arising from subsequent departure from agreed design direction, outlined in the approved design brief and specifications document, will be quoted upon and billed to the client.
5. The quotation is an estimate only and subject to change, for example where the scope of the work changes as per request by the client or you require more than one revision.
Commencement of work:
6. Work will proceed upon receipt by us of:
(a) Confirmed agreement of terms of payment, timeframe & in some instances design approval. This is confirmed by replying with a confirmation to the quotation email and is accepted as a digital signature on your behalf.
(b) The 20% deposit required for the individual item in question.
(c) The receiving of BBC terms and conditions along with the requested quote.
7. Any and all items require a 20% non-refundable deposit prior to commencement.
Service payment structures are as follows:
For Web brand sheets, Web Design, Photography, Videography, Graphic Design, Branding and Personal styling: 20% of the total quoted cost is required as a non-refundable deposit before commencement, 40% of the remaining payment is to be made upon the requested edit stage and the final remaining payment is due within seven (7) days of completion / invoice.
Workshops: 100% of the total cost is due a minimum of three (3) business days before commencement of the workshop. Please note that funds are non-refundable unless these specific circumstances arise; ill health, loss, or cancellation of workshop date. In this case a partial refund will be offered, however 20% of your total cost will remain non-refundable, in compliance with our other service terms at Basic Black Creative.
Photography & videography: A 50% deposit is required prior to you nominated shoot day. The remaining payment will be due upon receipt of finished files.
Please Note that all deposits are non-refundable, even if change of mind occurs. Please see items twelve (12) and thirteen (13) for more information.
8. Payment must be received within seven (7) days of the date of invoice.
9. If we issue an invoice and it is not paid, or is only partly paid, within 7 days, you will incur interest in addition to the unpaid amount of the bill. Interest will be charged at five percent (5%,) and it will accrue weekly from the 14th day after the bill is issued, until the whole of the bill is paid.
10. If you do not pay any individual item within the seven (7) day invoice term, we may, at our sole discretion stop all work relating to the project until such time as outstanding accounts have been paid.
11. All payments are non-refundable.
Timelines & Cancellations:
12. Where timelines for work have been agreed upon and scheduled for completion, this must be adhered to. A non refundable deposit of 20% of the total cost of your project is to be made no later than three (3) business days prior to the previously agreed upon commencement. As BBC book work 4-6 weeks in advance, it's important that your timeline is adhered to, so as not to interfere with your projected timeline or the business that is scheduled to follow yours. If a project date of a photoshoot, video shoot or graphic design piece is agreed upon and then the task or projected delivery date is cancelled by you within fourteen (14) days of previously agreed upon delivery, a twenty percent (20%) fee of the original quotation will be incurred by you. Cancellation within (seven) 7 days of projected completion, booked shoot or delivery will incur a forty percent (40%) fee of the original quoted and agreed upon amount, despite services having commenced or being completed due to last minute cancellation.
13. If work has commenced and change of mind about the service/project occurs, full payment for the hours used for the design work to date will be due in full. Please see item one (1) stating that an agreed upon quotation and start date are accepted as a full commitment.
14. Please note that Basic Black Creative is not responsible or liable for the security, hosting, email and ongoing maintenance of your website. In most instances, security and updates of your website will be handled by the chosen host who allow only the use of applications & plugins that make routine, automatic updates for you. We do not provide hosting and therefore are not responsible for any down time you may experience due to your chosen hosting platform. In the event that you need assistance with email, hosting or updates to your site we will provide a quote for you.
15. Website training is NOT included in your build or design cost/process unless specifically stated otherwise, itemised and agreed upon in written quote form.
Copyright and trademark:
16. We will take no responsibility for any copyright infringements or issues arising from any artwork (including but not limited to sketches and fonts), images and copy provided to us by you.
17. You will indemnify us from any liability arising from any breach of copyright in any such works provided by you.
18. While we will use our best endeavours to ensure that all finished work does not infringe any copyright or trademark law, we will not undertake any investigations to confirm that no other person or entity has created the same or similar work to that created by us.
19. Copyright of all work is retained by Basic Black Creative. You are licensed to use the finished work for the purpose it was originally supplied. If you seek to use any of the finished work (or any part of it) for any other purpose, you may make a request in writing to us for a license to use the work (or any part of it), and the granting of any such license is at the sole discretion of us.
20. All photography remains the intellectual property of Basic Black Creative and can be used in any capacity by us as a display of work or recreation.
21. Once a print proof is accepted by you, you accept responsibility of the print job, as long as it matches the agreed upon proof. This also applied to any designs once signed off and additional change of mind or edits will be billed to client outside of the included edits in the individual service provided.
22. All projected timelines are estimates only and we will not be liable for delays to projected timelines.
23. Non-Disparagement. During the term and thereafter, the client agrees to take no action which is intended, or would reasonably be expected to harm Basic Black Creative or their reputation or which would reasonably be expected to lead to unwanted or licensed publicity to Basic Black Creative.
24. In the event of any negative repercussions on your brand, Basic Black Creative relinquishes all liability of damage to the brand in question once the services have been agreed upon, paid and employed by client.