TERMS & CONDITIONS

Copyright

In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Ashley King Creative until an agreement is in place. Ashley King Creative retains full ownership of concepts and materials produced. Client is transferred ownership rights of the approved work’s final files only once the invoice has been paid in full. Finished art or final approved versions of files will be supplied to the Client, and does not include:



  • working or draft files


  • raw or directly editable files


  • source files


  • unused concepts that were not approved


  • unapproved material from proposals, documents or presentations that were submitted to the Client


The above list of exclusions remain the property of Ashley King Creative unless otherwise negotiated.

Ashley King Creative reserves the right to use all work produced in the course of a project (including concept, development and final work) for the purpose of promoting Ashley King Creative in print and digital mediums unless the Client has, in writing, specifically requested otherwise.

Ashley King Creative Website

Information and other materials on this Site is owned by Ashley King Creative. All rights are reserved. No part of this website may be reproduced, adapted, distributed, displayed, or otherwise used for any commercial purpose without the express written consent of Ashley King Creative. You may screengrab, copy, download or temporarily store extracts from this website for your personal information only. 

Approval of Artwork

While care is taken to avoid errors, Ashley King Creative accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project that is produced, installed, printed or digitally published. The Client is to proof read and approve all final versions of work and approve in writing via email. No refunds, rebates or reprints will be provided due to Client oversight.

Client Social Media & Content

By engaging Ashley King Creative’s services in Social Media and Content management, you acknowledge that Ashley King Creative makes no guarantee that any social media activities or campaign will increase your business’ sales, activity, profits or any other form of improvement. 

Commencement of Work

Acceptance of quote or proposal from Ashley King Creative constitutes agreement to these Terms and Conditions.

Cessation of Work

Ashley King Create reserves the right to reject or discontinue services where there are technical, ethical, legal, or other impeding matters in relation to a Client’s project. Where possible, Ashley King Creative will refund your fees paid for any services not yet rendered.

Fees
General
It is agreed that the service fee will be the cost estimate (‘quote’) that has been provided via email, unless work undertaken exceeds the scope of work or constitutes a rebrief. If work exceeds the items specified in the quote, the Client agrees to pay the additional fees outlined in the Terms of the original quote. Wherever possible, the Client will be notified of increases in scope or the need for a rebrief prior to additional work being undertaken.

Third-Party Fees
Third party products or services may need to be purchased during the lifecycle of a project. Client permission for purchase will be sought prior and can be things such as:

  • Stock graphics and photography


  • Fonts


  • Digital plugins
 or apps

  • Platform and software access


  • Props, stationary and supplies


  • Equipment


  • Social media ad campaign budgets




Products or services purchased on the behalf of the Client amounting to less than $250+GST will be added to the next invoice due in the project’s payment cycle. For third-party purchases that amount to more than $250 +GST, the Client will be invoiced immediately, with a 14 day pay period.

Payment

Terminology

“Rebriefs” are in instances where:

  • The original brief had incorrect or incomplete information provided, which impacts the estimate cost by +/- 10%


  • The scope of work increases and additional time and or tasks would not be covered by the estimate by a margin of more than 10%




“Out of scope” is defined as any work that was not accounted for as part of the original quote proposal.

“Additional work” is defined as:

  • any changes or additional work that the Client requests after final approval


Standard Payment

The Client agrees to pay 20% of the quoted amount as a deposit to commence work with the balance payable on delivery. For all work aside from logo suites, the Client will receive a final invoice, payable within 14 days unless the Client has deferred payment agreement in place. For logo development projects, the final invoice must be paid prior to delivery. If the project duration exceeds 4 calendar weeks, The Client agrees to pay progressive payments of 50% of the balance per month until the conclusion of the project with any balance owing to be paid in full on delivery.

Invoices that are not paid within the 14 day period will accrue a late fee of $15 ex GST per day while payment remains outstanding. If you are having difficulty paying your invoice, please get in touch as soon as possible to discuss.

Special Cases

  • Incomplete work or projects:
    In the case of a ‘change of mind’, rebrief or a request by the Client for a project to be put on hold or cancelled, the Client agrees to a pro-rata payment based on time spent, either in addition to or deducted from the deposit.