Services and Products Terms & Conditions
Charcoal Design will conduct business on the understanding that you, agree to the following “Services and Products Terms & Conditions”. Throughout this policy “you” and “client” refer to any person or business that engages Charcoal Design for design services or products. “We”, “us”, “our” and “Charcoal Design” means Charcoal Design ABN 67 408 009 038. This policy may be updated at any time and is effective immediately.
Copyright of Artwork
Under the guidance of the Australian Copyright Act 1968 (Cth) copyright of all artwork is owned by Charcoal Design unless otherwise agreed in writing. Design services and products will be produced in the format necessary for each design project.
Charcoal Design owns copyright of all concept designs, artwork, image, graphics and intellectual property unless otherwise agreed in writing prior to delivery of artwork digital files. Copyright of final Logo design will transfer to you on final payment of invoice. Charcoal Design retains the right to use your Logo in our portfolio and presentations.
Artwork will be produced and/or files supplies to industry quality to required specifications. Artwork can only be used for its intended purpose; artwork supplied for a specific application cannot be used for any other design project. Charcoal Design owns the copyright of all artwork unless otherwise agreed in writing prior to delivery of artwork digital files.
Artwork can only be used for its intended purpose. Artwork files may be released on request for agreed fee. Charcoal Design will manage and produce quality printed products and we will be responsible for the final printed product.
Or, if you intend to manage printing and/or production of print items Charcoal Design does not accept responsibility for the final printed product. We will supply the quality, industry standard artwork to required specifications in a print ready digital format. You will be responsible for the result of printed product.
Unless otherwise requested, you agree to provide your website content. This may include, but not limited to; final and signed-off text, images, illustrations. Copyright of all content supplied is the responsibly of the client.
Production will be limited to the services listed on the accepted Quote. Further design additions or changes will be subject to additional fees. We can advise of these fees at any time during the production process. Additional fees will also be applied for sourcing requested content not supplied by the client.
On final approval of a website design, the site will go live. From this date the client has 30 days to notify Charcoal Design of any functionality issues. After this period any changes will incur additional fees. Charcoal Design will not take responsibility of the function or security of a website we have designed that is altered including, but not limited to: inserting any form of advertisements from a third party, SEO links or any alteration to the coding of the site. Please contact us prior to making these changes to your site.
Charcoal Design will produce your website specific to your business branding needs, we however do not guarantee flow of website traffic, search engine rating or increase of business. We suggest that you independently seek advice such as market research, business planning or financial advice. We suggest that your business website is a device in your overall marketing plan.
If, after the website we have built and activated, you hire a third party to install any custom software or make any changes to the website, excluding simple changes to page text content or uploading media, we relinquish any responsibility for the functionality of the website.
If you hire a third party to make alterations to your domain name settings, we hold no responsibility for the ability for your website to be visible on the internet or any other functions relating to the domain such as email hosting. We will not be liable for returning the settings to a state whereby the site and/or email hosting is restored to a active status. This would be the responsibility of the third party that made the changes.
Website & Email Hosting
Charcoal Design offers website and email hosting services. We are not responsible for interruptions to service beyond our control. We will endeavour to resolve any issues in a reasonable timeframe if possible, however, we are not liable in contract, civil wrong doing – including negligence, or otherwise, to you for any direct, special, indirect or consequential loss or damage – including loss of business, loss of sales, including profits or loss of data due to hosting interruptions. We will back up your website but are not liable for loss of data. We advise you to regularly back up your website content you post on your website and email yourself, or engage Charcoal Design to create backups. We do not keep backups of email so you are advised to backup your email regularly.
Charcoal Design and you, the client, are subject to our Internet Service Providers’ Terms and Conditions. These Terms and Conditions are available on request of this service.
Website hosting fees are annual from the date of the website going live and paid in advance. Sixty days written notice is required to terminate hosting.
If you intend to host your website on your own hosting Charcoal Design accepts no responsibility for the functionality of the website beyond the 30 days after your website goes live — this is because your website host may change settings that we are not aware of that may affect your website functionality.
Charcoal Design will issue a Quote for all design projects. Payment terms will be noted on the Quote.
Unless otherwise negotiated projects are initiated after receipt of a 50% deposit payment. The remaining 50% is due prior to despatch of artwork, or online projects going live. For projects under $600 full payment is required up front prior to commencement of project. Please refer to your Quote for specific terms relating to your project.
You are required to accept the Quote through our website prior to commencement of the project. On acceptance of the Quote you are agreeing to the services provided, fees payable, payment terms and to the applicable Services and Products Terms & Conditions.
An administration fee of $20, plus G.S.T. where applicable, may be applied for late payments.
Minimum fee for any project is $50.00, plus G.S.T. where applicable.
Please do not hesitate to contact us for any further information regarding our Services and Products Terms & Conditions.
Charcoal Design PO Box 644 The Gap QLD 4061
0417 804 146
ABN 67 408 009 038
Last updated 23 October 2018