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 upon receipt of cleared funds for all outstanding invoice amounts relating to the project. Charcoal Design shall retain the right to use your Logo in our portfolio and presentations unless otherwise agreed in writing prior to commencement of the project.
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.
Storage Of Artwork (Digital or Physical)
Once Charcoal Design has completed a project and digital files or printed items have been delivered to the client, Charcoal Design will only store digital or physical artwork files at the request of the Client. Charcoal Design will provide a quotation as to the costs involved and time frame for storing the artwork.
Should a client require Charcoal Design to resupply the previously issued artwork at a later date there is no guarantee stated that Charcoal Design will be able to supply the files. Should the artwork be available there will be a fee payable, at the discretion of Charcoal Design, to cover the service provided.
Ownership Of Artwork (Digital or Physical)
Artwork is defined as the final document created and provided in order to either print from or to install on a website or other software platform. Charcoal Design is happy to provide to the Client the final document. Charcoal Design will not provide working files such as layered image or vector files relating to a project unless specifically agreed upon prior to commencement of a project. Charcoal Design will not provide stock image files that have been purchased by Charcoal Design specifically for use on a project as they are covered by copyright ownership by the stock library.
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 with specific consideration 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 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.
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.
Should the client request that Charcoal Design permanently close (cancel, disable) any hosting services we will inform you of any fees payable should you wish to re-activate the same hosting account. At the time of closing the hosting the client will be informed of fees involved should the client wish for Charcoal Design to store the hosted content offline, should the client wish to re-instate the same content at a later date. Hosting accounts will not be held in limbo after cancellation. After 30 days all files will be deleted from the servers and the hosting account closed. It is the client’s responsibility to ensure any content held in the hosting account is retrieved prior to cancellation of the hosting service. Charcoal Design does not guarantee any files can be retrieved after a hosting account is closed.
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 prior to 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 form 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.
Website hosting fees are charged annually, in advance, starting from the date of the website going live. Sixty days written notice is required to terminate hosting.
Non payment of hosting fees by the given date will result in the suspension of your hosting. If payment is not made within another 30 days of that date there will be a fee to re-activate your hosting (this fee will be specified in communication to you at time of suspension).
An administration fee of $20, plus G.S.T. where applicable, will be applied for late payments.
Minimum fee for any project is $200.00, 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
ABN 67 408 009 038
Last updated 4 September 2022