Terms & Conditions
GRAPHIC DESIGN AGREEMENT
Below are Franyart’s standard Terms and Conditions. It is vital that you (“The Client”) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Franyart. Please also note that from time to time Franyart may need to alter these terms and conditions without notice. Please contact me if you do not understand any of the terms or conditions in this document.
Payment, Late Payments and Default
After getting the High Resolution Files from Franyart, “The Client” agrees to pay the full amount in a timeframe of 14 days from the day invoiced.
Accounts which are not paid within 14 days will incur a late administration fee of $20. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is out- standing. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
“The Client” whose account is in default agrees to pay Franyart reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. Franyart retains all copyright for work performed until full project costs have been paid. Franyart reserves the right to reuse or resell work undertaken in the case of payment default. Franyart accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Franyart requires that the Client provide feedback on the work performed within 30 days. In the event that appropriate feedback is not received in this time frame, Franyart reserves the right to seek payment for the work performed to date, as well as charge a higher hourly rate for work perform the work in order for it to be complete.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $50 per hour will be payable.
Approval of final artwork
While Franyart takes all care to avoid errors, Franyart accepts no responsibility for typographical errors, spellliing miistakes, or incorrecct in- formation on any project committed to print or production. “The Client” is to proof read and approve all final ccopy bbefore tthhe prroduction of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of aall artwork prior ttoo tthheir releaasse for printing, implementation or installation. No refunds or reprints are given after a final approved design haas gone to prrinnt due oveersigghhtss by “The Client’s” proof reading.
Print returns and refunds
It is agreed that the Franyart is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. Franyart will not be help responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Franyart of any such errors during the revision cycle and before the final files have been generated.
Print - Colour variations
With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and pre- vious orders. This is due to the nature of CMYK printing and depending on the print process. There will be no reprints at the expense of Franyart. Those issues have to be discussed with the print agency you chose.
Franyart retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights in the concept will transfer to the client. This is unless those rights are incapable of being transferred, as outlined below). Unused concepts remain the property of Franyart. Franyart may still use paid-for concepts in its promotional materials and in its design portfolio.
Unless the client requests otherwise, Franyart retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
Copyright will remain with Franyart until such time as agreed. As part of Franyart terms of business, copyright is that of the client upon receipt of final payment for the commissioned work. This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Franyart reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Franyart in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise. Until final payment Franyart retains ownership of all artwork.
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 Franyart till such time an agreement is in place. As part of Franyart terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work.
Ownership and Use
Other than for the promotional use of Franyart, or as otherwise agreed between the parties, all Franyart services shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission from Franyart. Upon payment of all invoices, reproduction rights for all approved final designs created by Franyart shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
Franyart reserve the rights to use certain elements to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. Franyart may utilise any photograph, illustration, image or other pictorial work (collectively, “the Work”) from an “image bank provider” (such as ‘Fotolia’, iStock and other affiliate websites) for the purposes of your final product. In providing you with the final product, and subject to you complying to all other clauses of this agreement, Franyart transfers all of its ownership in the “Work” to you, and as the client, you must comply with the terms and conditions of the “image bank provider” from which it was purchased. In the event that you do not comply with the terms and conditions of the “image bank provider”, you agree to indemnify and hold Franyart harmless from any loss suffered directly and indirectly as a result of your acts or omissions.
Artwork on USB Drive
If any client artwork is required on a USB, an administration fee of – $30 plus courier/postage will be payable.
Graphic Design Credit
“The Client” agrees to allow Franyart to place a small credit on printed material exhibition displays or advertisements. This will be in the form of a small logo or line of text placed along the edge.
A percentage of Franyart’s clients come from outside Australia. Being a niche market I am global specialistt in the fieeld of ggrrraphic annd as such create work across the planet, using contemporary communication methods such as Skype/Facetimmee, Drop Box, emaaiil andd cchhatt,, along with the more traditional devices such as telephone.
Franyart shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is (1) beyond the reasonable control of a party, (2) materially affects the performance of any of its obligations under this agreement, and (3) could not reasonably have been foreseen or provided against. Franyart will use its best endeavours to assist in the mitigation of such loss and if required, will provide assistance to a third party supplier to complete the works.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the client needs to pay franyart for the work, that’s already done on an hourly rate or if a fixed price was discussed, then the client needs to pay a percentage of what franyart already designed.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by franyart.
You will indemnify and hold harmless Franyart, and its licensors, from any claim, demand, loss, or damages including reasonable legal fees arising out of or related to the content that you provide Franyart, your use of Franyart services or your modifications to the work after completion, or any violation of these terms.
Franyart shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Franyart.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”via email prior to the commencement of work outlined in this submission. The amendments take into effect once Franyart agrees to these changes in writing.
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Franyart takse every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Franyart cannot be held responsible for variations between expectation and outcome.
Session, Fees & Charges
1. A non - refundable Session Fee is due in order to secure the session date and time. Franyart has the right to give the session date and time to another client if the session fee has not been received one week prior to the session.
2. The Regular Session Fee includes up to 6 people in the session. Additional people will be an extra $25 per person unless specifically negotiated. Mini sessions have special pricing for up to four people.
3. The client acknowledges that they have received, read and understood Franyart’s pricelist. Acknowledgement of this is confirmed via payment of the session fee.
4. In the event that the client needs to reschedule the date, Franyart requires 24 hours notice. The Session Fee is transferable to another date within the following 12-month period. In the event of changes to the pricelist, prints and product pricing and availability for sessions will apply as at the newly booked date.
5. Franyart may reschedule the session if weather conditions will hinder the shoot (such as heavy rain, too cloudy). All
attempts will be made to avoid this, however sometimes it is in the client’s best interest to postpone to another date with better conditions.
6. Franyart will choose the best pictures of the package you chose and delete the rest straight away.
7. We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
8. Editing & Photoshop Work: Basic retouching (removal of blemishes, skin smoothing, reduction of dark lines under eyes, red eyes).
9. All orders must be confirmed in writing and accompanied by full payment before any order will be placed.
10. Franyart is NOT covered by Public Liability Insurance.
11. Only one voucher or offer can be used per session or against products arising from that session.
12. Payment can be made via Debit Direct or Check in advance unless otherwise agreed by the Photographer.
Debit Direct: BSB: 016-554. Account number: 286587387
Check: Po Box 1798, Broome 6725 WA
Use of Image & Copyright
1. The client agrees that Franyart owns the Copyright in all photographs. The client gives permission to Franyart to use any image of the session for industry competitions and as required subsequent usage and for reasonable general promotional advertising for Franyart. The usage for any other purpose (such as use on social media sites) can be negotiated and noted on the Photoshoot personal details form.
2. As Franyart owns the Copyright, when purchasing printed products, the client agrees not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan any images. If clients purchase digital negatives, clients are granted authorization to obtain unlimited reprints for personal use only. The photographs provided on the USB/CD may not be sold, edited, altered (other then resizing for print) or used for any commercial purpose under any circumstances, without written permission. The client will use the photographs and negatives as agreed above and understand that by not doing so is a breach of this agreement.
3. Watermarked low resolution images may be provided on social media sites and Franyart’s webpage for the clients to share with friends and family. The client is welcome to tag themselves and share these images; however altering the image in any way, including cropping out the Franyart watermark is a direct breach of Copyright.
4. All purchased images will remain on file for 1 year. Due to file storage limitations, unpurchased images will be deleted straight away at the discretion of Franyart. Ordering further prints and products is available for one year from when the session took place.