fine print
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big impact
As we embark on this creative journey together, let us embrace the principles of transparency and accountability. By cultivating a shared understanding of our rights and obligations, we lay the groundwork for a collaborative partnership built on trust, respect, and shared success.
fine print
-
big impact
As we embark on this creative journey together, let us embrace the principles of transparency and accountability. By cultivating a shared understanding of our rights and obligations, we lay the groundwork for a collaborative partnership built on trust, respect, and shared success.
Welcome to Arta Design's Terms & Conditions. These terms govern your use of our graphic design services and establish the legal framework for our business relationship. By engaging our services, you agree to comply with these terms in their entirety.
Arta Design offers a range of graphic design services, including but not limited to logo design, branding, website design, and print materials. Specific details of the services provided will be outlined in your project proposal or agreement.
Clients are required to pay a deposit before work on a project commences, with the remaining balance due upon completion or as otherwise agreed. Payment methods accepted and any applicable taxes or fees will be specified in your project proposal.
a. Deposit and Balance:
Clients are required to pay a deposit equal to [insert percentage]% of the total project cost before work on a project commences. The remaining balance shall be due upon completion of the project or as otherwise agreed between Arta Design and the client. The exact payment schedule and amounts will be outlined in the project proposal or agreement provided to the client.
b. Late Payments:
In the event of late payment, Arta Design reserves the right to suspend work on the project until all outstanding invoices are settled. Late payments may be subject to penalties, including but not limited to late fees or interest charges, as specified in the project proposal or agreement.
c. Unpaid Invoices:
If any invoice remains unpaid beyond the specified payment terms, Arta Design may take appropriate action to recover the outstanding amount, including but not limited to initiating debt collection proceedings or pursuing legal action to enforce payment.
d. Debt Recovery:
In the event that debt collection efforts are necessary to recover unpaid invoices, the client shall be responsible for all costs associated with debt recovery, including but not limited to collection agency fees, legal fees, and court costs. These costs will be added to the outstanding balance and must be paid in full by the client.
e. Dispute Resolution:
If the client disputes any aspect of the invoice or believes there is an error in the billing, the client must notify Arta Design in writing within [insert number] days of receiving the invoice. Both parties agree to work together in good faith to resolve any billing disputes promptly and amicably.
f. Termination of Services:
Failure to pay invoices in a timely manner may result in termination of services by Arta Design. In such cases, Arta Design reserves the right to retain ownership of any work completed up to the point of termination and may withhold the release of final deliverables until all outstanding invoices are settled in full.
g. Credit Card Charges:
Clients who choose to pay invoices by credit card may be subject to additional processing fees, which will be clearly outlined on the invoice. By providing credit card information, the client authorizes Arta Design to charge the specified amount to the provided credit card.
h. Currency and Taxes:
All invoices are issued in Australian Dollars (AUD) unless otherwise agreed in writing. Clients are responsible for any applicable taxes, duties, or currency conversion fees associated with their payments.
i. Refunds and Cancellations:
Deposits are non-refundable once work on a project has begun. Cancellations may be subject to additional fees depending on the stage of the project and work completed. Refund policies will be outlined in your project proposal or agreement.
a. Usage Rights:
The client is granted an exclusive, perpetual, worldwide license to use, reproduce, modify, and distribute the final deliverables for their intended purposes. This license includes the right to sublicense and transfer the deliverables to third parties, provided such parties agree to abide by these Terms & Conditions.
b. Reservation of Rights:
Arta Design retains the right to use the final deliverables in its portfolio, website, social media, and other promotional materials to showcase its work and attract new clients. However, Arta Design shall not sell, license, or otherwise transfer the deliverables to third parties for commercial gain without the client's consent.
c. Derivative Works:
The client may create derivative works based on the final deliverables, such as incorporating a logo into marketing materials or resizing artwork for different applications. However, any such derivative works must maintain the integrity of the original design and not infringe upon the rights of third parties.
d. Drafts and Concepts:
All drafts, concepts, and preliminary designs created by Arta Design during the course of the project remain the exclusive property of Arta Design and may not be used or reproduced by the client without express written permission. These materials are provided to the client for review and evaluation purposes only and shall not be considered part of the final deliverables unless otherwise agreed in writing.
e. Attribution:
Arta Design reserves the right to be credited as the creator of the final deliverables in any instances where they are publicly displayed or distributed. The client agrees to include appropriate attribution, such as "Design by Arta Design," in accordance with industry standards and best practices.
f. Third-Party Materials:
If the final deliverables incorporate third-party materials, such as stock images or fonts, Arta Design will provide the client with a list of such materials and any applicable licensing terms. The client is responsible for obtaining any necessary licenses or permissions for the use of these materials beyond the scope of the project.
g. Indemnification:
The client agrees to indemnify and hold Arta Design harmless against any claims, damages, or liabilities arising from the client's use of the final deliverables, including but not limited to claims of copyright infringement, trademark violation, or unauthorised use of third-party materials.
h. Transfer of Rights:
In the event that the client wishes to transfer ownership of the final deliverables to a third party, such transfer must be approved in writing by Arta Design. Any transfer of rights shall be subject to the same terms and conditions outlined herein.
In Australia, the law regarding intellectual property rights in graphic design, particularly concerning original design files, is primarily governed by copyright law. Here are some key points:
Copyright Ownership:
Under Australian copyright law, the creator of an original work, such as a graphic design, is generally considered the owner of the copyright in that work. This means that the designer who creates the original design files typically owns the copyright in those files.
Rights of the Creator:
As the copyright owner, the designer has the exclusive right to reproduce, publish, communicate, and adapt their work. This includes the right to control the use and distribution of the original design files.
Client Agreements:
In many cases, graphic designers and clients will enter into agreements that specify the terms of the design project, including the ownership and use of the original design files. These agreements may vary depending on the specific terms negotiated between the parties.
Transfer of Rights:
In some cases, designers may transfer ownership of the copyright in the original design files to the client through a written agreement. This transfer of rights should be clearly documented and agreed upon by both parties.
Licenses and Usage Rights:
Alternatively, designers may grant clients a license to use the original design files for specific purposes while retaining ownership of the copyright. The terms of this license, including any restrictions on use or reproduction, should be outlined in the client agreement.
Moral Rights:
In addition to economic rights, Australian copyright law also recognizes moral rights, which include the right of attribution and the right to integrity of authorship. Designers retain these moral rights even if they transfer or license the economic rights in their work.
Enforcement of Rights:
If a client uses the original design files in a manner that exceeds the scope of the rights granted to them, the designer may have legal recourse to enforce their copyright. This may include seeking damages for copyright infringement or obtaining injunctions to prevent unauthorized use.
It's important for both designers and clients to have a clear understanding of their rights and obligations regarding intellectual property in graphic design projects. Seeking legal advice or drafting a comprehensive agreement can help ensure that the parties' interests are protected and that the terms of the project are clearly defined.
Clients are responsible for providing any images, text, or other content required for their project, and must ensure they have the necessary rights or permissions to use such materials. Arta Design is not liable for any copyright infringement resulting from the use of unauthorized content.
a. Project Timeline:
Arta Design will provide the client with an estimated timeline for the completion of the project, including key milestones and deliverable dates. However, please note that the timeline provided is an estimate and may be subject to change based on factors such as project complexity, client responsiveness, and unforeseen circumstances.
b. Communication and Feedback:
Timely communication and feedback from the client are crucial to keeping the project on track. The client agrees to respond promptly to requests for information, feedback on designs, and approval of deliverables to ensure that the project progresses smoothly and stays within the agreed timeframe.
c. Delivery Timeframes:
While Arta Design endeavours to meet the agreed-upon deadlines for project delivery, please understand that creative work is inherently subjective and may require additional time for revisions or adjustments. Arta Design will make every effort to complete the project within the estimated timeframe, but delivery times may be extended to ensure the quality and accuracy of the final deliverables.
d. Revisions:
The client is entitled to a reasonable number of revisions to the initial designs or concepts provided by Arta Design. Revisions are intended to refine and polish the design to meet the client's specifications and preferences. However, please note that excessive or significant changes to the scope or direction of the project may incur additional fees or extend the project timeline.
e. Limits on Revisions:
To ensure the efficient completion of the project, Arta Design may impose reasonable limits on the number of revisions included in the project scope. Any additional revisions requested beyond the agreed-upon limit may be subject to additional fees and may extend the project timeline accordingly.
f. Final Approval:
The client is responsible for providing final approval on all design deliverables before they are considered complete. Once final approval is given, any further revisions or changes may incur additional charges and may require an extension of the project timeline.
g. Force Majeure:
Arta Design shall not be liable for delays or failure to meet project deadlines caused by circumstances beyond its control, including but not limited to acts of nature, war, terrorism, government regulations, labor disputes, or technical failures.
h. Client Responsibilities:
The client agrees to provide all necessary information, materials, and feedback in a timely manner to facilitate the timely completion of the project. Failure to do so may result in delays and may impact the project timeline.
Arta Design reserves the right to modify these terms at any time, with changes taking effect upon posting on our website or notification to clients. It is the client's responsibility to review the terms periodically for any updates.
We're committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly. Here's everything you need to know about how we collect, use, and protect your data:
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Information We Collect:
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When you visit our website, we may collect certain information such as your IP address, browser type, and pages visited. We also collect any information you voluntarily provide through forms or when contacting us.
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How We Use Your Information:
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We use the information we collect to improve our website, customize your experience, and communicate with you about our services. We may also use your information for marketing purposes with your consent.
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Data Security:
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Your privacy and the security of your data are our top priorities. We use industry-standard security measures to protect your information from unauthorized access, disclosure, alteration, or destruction.
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Third-Party Disclosure:
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We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as required by law or as necessary to provide you with our services.
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Cookies:
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Like many websites, we use cookies to enhance your browsing experience and gather information about how our website is used. You can choose to disable cookies in your browser settings, but please note that some features of our website may not function properly as a result.
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Links to Third-Party Sites:
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Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites, so we encourage you to review their privacy policies before providing any personal information.
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Changes to This Policy:
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We may update our Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on this page, so please check back periodically for the latest information.
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If you have any questions or concerns about our Privacy Policy or the way we handle your data, please don't hesitate to contact us. Thank you for trusting Arta Design with your information!
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These terms and the relationship between the client and Arta Design shall be governed by and construed in accordance with the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Australia.
By engaging our services, you acknowledge that you have read, understood, and agree to abide by these Terms & Conditions. If you have any questions or concerns, please contact us for clarification before proceeding with your project. Thank you for choosing Arta Design.
Creating Clarity with Terms of Artistry
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