PRIOR TO THE COMMENCEMENT OF ANY DESIGN WORK, AN ESTIMATE/AGREEMENT OUTLINING THE SCOPE OF WORK TO BE COMPLETED WILL BE SUPPLIED TO THE CLIENT. ACCEPTANCE OF THE ESTIMATE/AGREEMENT INDICATES ACCEPTANCE OF THE FOLLOWING:
TERMS OF AGREEMENT
‘The Client’ refers to the company or individual accepting the estimate/s supplied or those engaging Andrea Terlich (Art Director + Designer) to provide creative services to an agreed hourly rate.
COMMENCEMENT OF WORK
As the Client, you agree to provide approval of the relevant estimate/agreement/hourly rate before any work is commenced. By providing approval for work to commence in response to a supplied estimate, or by supplying a written request/brief for artwork when engaging Andrea Terlich (Art Director + Designer) at an agreed hourly rate, the Client hereby commissions Andrea Terlich (Art Director + Designer) to provide a creative service that will, in due course, be invoiced by Andrea Terlich (Art Director + Designer) and paid for by the Client in full within the required payment period.
RIGHTS & OWNERSHIP
Rights: All services provided by Andrea Terlich (Art Director + Designer) shall be for the exclusive use of the Client other than for Andrea Terlich (Art Director + Designer)’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by Andrea Terlich (Art Director + Designer) for this project shall be granted: 1. Client to gain full transferable rights to brand identity; 2. Client to gain full license to reproduce works through commercial printers.
Ownership: The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed/invoiced fee.
Third party contracts: Additional goods and services are able to be sourced by Andrea Terlich (Art Director + Designer) on behalf of the Client. Unless otherwise agreed, Andrea Terlich (Art Director + Designer) will not carry these costs on behalf of the Client. The supplier of such goods and/or services will be asked to provide a quote either to Andrea Terlich (Art Director + Designer) to pass onto the Client or directly to the Client and the Client will assume responsibility for payment of those services in accordance with the supplier’s own terms of agreement.
COMMUNICATION & WORKING HOURS
All forms of correspondence (including emails, telephone calls and correspondence relating to artwork proofs, final artwork files and artwork dispatches) are strictly limited to the hours of 8.30am to 5pm, Monday to Friday. To ensure design and business requirements can be serviced to the above hours, Andrea Terlich (Art Director + Designer) kindly asks you please keep these hours in mind and supply a clear end deadline/timeframe for your project as this will assist in strategically allocating the time required to complete artwork requests. Andrea Terlich (Art Director + Designer) can be reached via email at andreabonelli82@hotmail.com. Telephone calls are welcome during business hours, however please note, Andrea Terlich (Art Director + Designer) will not take any creative direction, alterations of scope or another legal or contractual obligation via telephone. All communications that are of a creative nature and that are legally binding must be supplied in writing via email. Likewise, all communication outlining any alterations, approvals and instructions to proceed to print/production and/or development must be made clearly in writing to Andrea Terlich (Art Director + Designer).
Due to increasing workloads, emails may not be responded to for 24-48 hours during busy periods (emails will be queued and answered based on urgency and deadline priority). To ensure design and business requirements can be serviced and deadlines met, please supply a clear brief along with a clear end deadline/timeframe for expectations.
Please note, Andrea Terlich (Art Director + Designer)’s office closes for all Queensland public holidays and for a duration of time over the Christmas/New Year period. Andrea Terlich (Art Director + Designer) will clearly communicate office closures relating to the Christmas/New Year period + any additional annual leave/office closure dates with clients, via email in due course.
Andrea Terlich (Art Director + Designer) does not work outside of the above listed business hours and reserves the right to not respond to out of hours correspondence until the next business day, decline out of hours work and/or charge penalty rates in the instance when overtime/out of regular hours work is required.
PROJECT DURATION, CLIENT RESPONSE TIME & GOODWILL
The Client agrees to provide timely responses to Andrea Terlich (Art Director + Designer) after receiving status notifications, work for review or requests for information as does Andrea Terlich (Art Director + Designer) in return. To ensure a project is delivered on time/to brief/as outlined in the supplied quotation, the Client agrees to respond in a timely manner to such requests. The Client shall have 30 days to respond to each concept/draft/request for information submitted. If the Client fails to respond after 90 days, Andrea Terlich (Art Director + Designer) will deem the project complete. At such time, Andrea Terlich (Art Director + Designer) shall have no further obligation to the Client, and the Client shall pay Andrea Terlich (Art Director + Designer) all fees and expenses associated with the work performed, and no refunds will be provided in the instance where deposits have been taken and paid. The Client accepts that it is not the responsibility of Andrea Terlich (Art Director + Designer) to persue the Client for feedback pertaining to supplied/submitted concepts, drafts and/or requests. If required, a closed/completed project may be reopened again at the Client’s request, however a revised brief will need to be supplied by the Client in writing, and from there a new estimate pertaining to costs and artwork timeframes will be supplied to the Client for approval before work can recommence.
Andrea Terlich (Art Director + Designer) will use all reasonable efforts to meet the quoted/agreed completion dates and deadline dates. However, time is not the essence of the Contract and Andrea Terlich (Art Director + Designer) will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.
This proposal also assumes goodwill from both Andrea Terlich (Art Director + Designer) and the Client regarding what can reasonably be achieved in a given time frame while making best use of the resources and information provided, unforeseen circumstances that may arise, as well as clear communication in order to achieve the most effective outcomes and designs in within time frames.
URGENT / LAST MINUTE WORK
Andrea Terlich (Art Director + Designer) asks the Client to please keep in mind and provide reasonable timeframe/s when submitting each artwork request. Any artwork request/s deemed “URGENT” (by which a proof/s + final artwork file/s for any one (1) artwork type is/are required to be turned around in an 8 hour period or less and/or requires out of hours work to be completed to meet the urgent deadline) will incur additional artwork fees and/or penalty rates (applies to both quoted projects and hourly rates). The Client agrees that Andrea Terlich (Art Director + Designer) reserves the right to charge pentalty rates/ additional fees for artwork produced to last minute/urgent timeframes and agrees to pay the rate/fee invoiced for such services provided in full.
FORCE MAJEURE
Andrea Terlich (Art Director + Designer) 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 Andrea Terlich (Art Director + Designer) including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
PAYMENT SCHEDULE
New Clients will make a 50 percent down-payment prior to work commencing. The project can be scheduled once the down-payment is received by Andrea Terlich (Art Director + Designer). The down-payment is non-refundable. The remaining 50 percent is payable to Andrea Terlich (Art Director + Designer) upon completion of the project, and before final artwork is supplied to the Client.
If the Client has worked with Andrea Terlich (Art Director + Designer) previously and has an established relationship, invoices will be issued at the end of each creative project for payment as per the agreed fee.
In the instance where the Client is paying Andrea Terlich (Art Director + Designer) an agreed hourly rate the Client will be invoiced for the hours worked – a timesheet will be supplied if requested. If Andrea Terlich (Art Director + Designer) is working to an hourly rate as an employee at the Client’s premises, a timesheet will be logged for the payment of wages on a regular basis. All hours worked/logged/timesheeted are non-negotiable and invoices/timesheets will be issued to the Client for payment either weekly, fortnightly or monthly, depending on the scope of work or the Client’s payment schedule for suppliers/employees. Andrea Terlich (Art Director + Designer) reserves the right to review hourly rates every 12 months and/or if the scope of work changes.
In the instance where native artwork file/s and/or final artwork file resupplies are requested by the Client, Andrea Terlich (Art Director + Designer) reserves the right to invoice and request payment in full prior to the supply of the requested file/s.
All costs quoted and hourly rates supplied by Andrea Terlich (Art Director + Designer) are exclusive of GST (unless otherwise stated). All Tax Invoices will see the required government 10 percent GST fee applied to the final total amount. The Client agrees to pay the full amount payable as listed on supplied tax invoices, including the government required GST fee.
All monies received and paid are considered fully earned and are not refundable, nor will discounts and/or “free work/services” be provided to the Client for any reason.
CALL OUT & MEETING CHARGES
An hourly rate and minimum charge will apply to compensate time out of the office when a meeting/call out is requested by the Client. Meetings/call outs are a minimum charge of $90.00 (ex GST), with time after the first initial hour being charged at $60.00 (ex GST) per hour. Times charged are inclusive of the time taken to travel to and from the requested meeting place.
SPECULATIVE WORK (FREE PITCHING)
Andrea Terlich (Art Director + Designer) is unable to take on speculative work (free pitching). If the Client would like to invite Andrea Terlich (Art Director + Designer) to pitch for work, this is fine, however the Client will agree to pay an agreed quoted fee or hourly rate for such work.
PAYMENT METHODS
All invoices will be mailed to the Client as a PDF file. Invoices can be paid by Direct Deposit. All monies received and paid are considered fully earned and are not refundable.
DELAYED PAYMENT FEE
If, after the project has commenced/been completed, previous and/or subsequent invoices are not paid within 30 days from the date of invoice, a 5 percent “delayed payment” fee will be charged (excluding GST). This initial 5 percent figure will be added upon each recurring 30 day period until the full amount, inclusive of the “delayed payment” fee/s, has been received by Andrea Terlich (Art Director + Designer).
If you are having trouble paying your account please advise as arrangements can be made so no extra fees are applied to your account.
PAYMENT TERMS
The Client agrees to the following terms of payment:
- Payment (in part or in full) and/or instruction for work to commence indicates that the Client accepts the terms and conditions listed on this page/website.
- All monies received and paid are considered fully earned and are not refundable.
- Payment can be made via Direct Deposit. Bank account information can be found at the bottom of the supplied tax invoice.
- Unless otherwise agreed in writing, the balance of the tax invoice is to paid, in full, within 30 days for an invoice and 7 days for payable wages.
- Failure to pay invoices or payable wages by the due date will see a 5% late fee applied to the full amount of the account 7 days after the due date with an additional 5% fee to be applied for every week thereafter until payment is received, in full. Late fees are non negotiable and must be paid in addition to the original payable amount.
- Andrea Terlich (Art Director + Designer) reserves the right to pursue legal debt collection of unpaid invoices. All fees, solicitor charges, commissions and associated costs will be the responsibility of the Client.
- All design/concepts, materials, labour and workmanship provided remain the sole property of Andrea Terlich (Art Director + Designer) until the invoice is paid by the Client, in full. Upon payment being cleared into the nominated bank account, possession and ownership will automatically pass to the Client.
- Andrea Terlich (Art Director + Designer) reserves the right to suspend all work, withhold all final, working and/or native artwork files, suspend any online accounts/web hosting/SEO, and report or remove any content from social media if the Client fails to meet any of the above listed Payment Terms.
TERMINATION OF SERVICES DUE TO NON-PAYMENT / LATE PAYMENT / NON-PAYMENT THREATS
Andrea Terlich (Art Director + Designer) reserves the right to discontinue all services if:
- An amount payable is overdue for payment and the Client will not communicate as to when payment can be received/organise a payment extension;
- The Client is late with payment on more than one occasion (continuous occurrence), does not provide clear communication as to when or why payment is late and/or does not have a late payment plan in place; and
- The Client threatens to not pay for services provided to the Client as requested.
Andrea Terlich (Art Director + Designer) reserves the right to withhold artwork files and take down a website/online material designed by Andrea Terlich (Art Director + Designer) permanently in any case where an amount payable is overdue by 7 days for an invoice and 7 days for payable wages. In any such event, the Client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. If the invoice remains unpaid, copyright on all work remains with Andrea Terlich (Art Director + Designer) and Andrea Terlich (Art Director + Designer) reserves the right to on-sell any designs/artwork to recover lost revenue and outstanding costs.
If a contract/agreement with the Client is discontinued by Andrea Terlich (Art Director + Designer) due to continuously late, non-payment and/or no communication from the Client or the treat of non-payment, Andrea Terlich (Art Director + Designer) reserves the right not to engage in any further work or fulfill any further artwork requests and/or artwork supply with the Client. Termination/suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files located on cloud/external servers/websites etc, will be removed and held until the Client has paid for their invoices in full.
CANCELLATION
If, after project commencement Client communication (face-to-face, telephone, or email) stops for a period of 90 days, the project can be cancelled by Andrea Terlich (Art Director + Designer), and ownership of all copyrights shall be retained by Andrea Terlich (Art Director + Designer). A cancellation fee for work completed shall be paid by the Client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.
If, in the instance where the Client cancels the project after work has commenced, a cancellation fee for work completed shall be paid by the Client, with the fee based on the stage of project completion and ownership of all copyrights shall be retained by Andrea Terlich (Art Director + Designer). This fee will be that of at least 50 percent of the project cost and anywhere up to 100 percent of the total project cost.
In the instance where Andrea Terlich (Art Director + Designer) is engaged by the Client at an agreed hourly rate and the Client wishes to cancel the scope of work, the Client will be required to pay for all hours worked up to that date (the hours worked and logged are non-negotiable). If the Client requires artwork files to be supplied, Andrea Terlich (Art Director + Designer) reserves the right to charge an additional fee for the time involved in organising the files to be supplied to the Client. Likewise, if the Client should require hand over of correspondence such as a ‘work in progress’ list, Andrea Terlich (Art Director + Designer) reserves the right to charge an additional fee for the time taken to complete such tasks.
Andrea Terlich (Art Director + Designer) takes pride in professional courtesy and manners and hopes the Client does too. The Client agrees to behave through all communications in a professional, courteous and respectful manner towards Andrea Terlich (Art Director + Designer) and third party contractors engaged by Andrea Terlich (Art Director + Designer) on behalf of the Client. Any actions toward Andrea Terlich (Art Director + Designer) or third party contractors engaged on behalf of the Client by Andrea Terlich (Art Director + Designer) deemed as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of The Client may result in a cancellation of the project and a fee based upon the time spent on the project shall be paid by the Client. This fee will be that of at least 50 percent of the project cost and anywhere up to 100 percent of the total project cost. In the instance where Andrea Terlich (Art Director + Designer) has been engaged for creative services for an agreed hourly rate and the Client behaves in an inappropriate manner as mentioned above, Andrea Terlich (Art Director + Designer) reserves the right to cease work for the Client and will invoice for all hours worked up to the point when the behaviour became apparent.
NOTE: Actions that may result in cancellation of the project or agreement may include: insulting language/profanity, unwarranted criticism of Andrea Terlich (Art Director + Designer)’s general ability, disrespectful comments, personal insults or threats, sexual harassment, flaming on social media sites, threats not to pay for the work for unwarranted reasons, bullying behaviour and a general lack of respect. Please be advised it would be extremely rare for Andrea Terlich (Art Director + Designer) to use this clause, and the Client behaviour would have to be extreme to warrant such a cancellation.
MISCELLANEOUS
Importance of the Client brief, answering the brief and artwork alterations: The brief from the Client is the single most important part of the design process as it helps determine the creative and strategic direction of the project. At the time of estimate approval and artwork commencement, Andrea Terlich (Art Director + Designer) asks that the Client please supply a well constructed and written brief (if a copy of a brief form is required, one can be supplied). The Client is also welcome to provide any images/inspiration/mood boards/creative examples to Andrea Terlich (Art Director + Designer) at this time that may assist in the creative process and provide further information about the scope of work required.
The Client agrees that any additional information, changes or additions that are requested after the initial submission of the brief and commencement of the project over and above the original brief and inspiration previously provided, will be liable to additional charges. Please note, that in the case where the changes are minor (determined by and at the discretion of Andrea Terlich (Art Director + Designer) these alterations will be made as per the 2 sets of standard alterations included in the design process of each project. Extra charges will be applied in cases where the scope of work drastically changes from the original received brief and a new estimate outlining the scope of work and additional cost will be provided to the Client.
Note: where Andrea Terlich (Art Director + Designer) has been engaged on an hourly rate, changes required are not included and will therefore be charged out by the hour.
All briefs must be supplied to Andrea Terlich (Art Director + Designer) by the Client in writing. Meetings may be requested and will be happily accepted, however the Client must also provide the direction and items outlined and discussed in the meeting in writing, via email. Andrea Terlich (Art Director + Designer) cannot emphasise enough to please make sure the brief is completely thorough and every aspect of the project answered and considered. Andrea Terlich (Art Director + Designer) will of course interpret this taking into account knowledge, experience, trends and fashion, but the more information provided about the Client and its business from a visual and stylistically point of view, the better. Descriptive words such as ‘elegant’, ‘glamorous’ and ‘chic’, for example, unfortunately do not entail as a brief and in such instances specific visual references of what is implied is best to be provided.
If a written brief is incomplete/lacking information or not supplied, Andrea Terlich (Art Director + Designer) will not be held accountable if the end result is not what was in the mind of the Client. The brief is the only communication provided by the Client from which a project is created. Andrea Terlich (Art Director + Designer) may ask for additional information, however if that is not forthcoming Andrea Terlich (Art Director + Designer) cannot be held accountable if the Client is unhappy with the end result.
Andrea Terlich (Art Director + Designer) also reserves the right to kindly request an extension in time frames where creative briefs may be problematic to answer and/or extra research into creative outcomes is required and that the Client please understand that some briefs may require longer lead times than others to answer; Andrea Terlich (Art Director + Designer) is always mindful of deadlines, however some creative projects may require extensions in time frames than first originally thought in order to achieve the best possible outcomes for the Client, the Client’s brand and any artwork produced for the Client.
Content supplied: When the Client supplies text, images and other data to Andrea Terlich (Art Director + Designer) for inclusion in the projects commissioned, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Submitting your own artwork: In the instance where the Client supplies an existing artwork/design to Andrea Terlich (Art Director + Designer) put together by the Client or an external party, the Client agrees to be fully responsible for the end result or all printing. The artwork must be print-ready with the correct specifications. Andrea Terlich (Art Director + Designer) is happy to work with files built by other parties but will take no responsibility for artwork mistakes. No refunds or reprints will be given. When submitting artwork it is the responsibility of the Client to ensure any design submitted does not violate Australian copyright laws. Andrea Terlich (Art Director + Designer) will assume the artwork supplied is legally the Client’s.
Deadlines: Every effort possible is made by Andrea Terlich (Art Director + Designer) to meet required deadlines. Additional charges may apply if Andrea Terlich (Art Director + Designer) is required to work outside of normal business hours in order to meet deadlines. It is the Client’s responsibility to notify Andrea Terlich (Art Director + Designer) of deadlines prior to the commencement of the project, and to supply written final approval on time. Andrea Terlich (Art Director + Designer) will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond Andrea Terlich (Art Director + Designer)’s control, such as: illness, injury, Client delay/failure to supply material/content/feedback and/or final written approval, additional work requested by the Client after initial briefing, or third-party or sub-contractor turnaround times. Where the Client’s failure to supply material/content, feedback and approval leads to a delay in completion of the project, Andrea Terlich (Art Director + Designer) has the right to extend previously agreed deadlines, by a reasonable amount, in order to allow appropriate time to complete and pre-press the work + revise costs if required. Final approval of art must be provided to Andrea Terlich (Art Director + Designer) in writing before any work is released/dispatched – verbal approvals will not be accepted.
Approval of final artwork: While Andrea Terlich (Art Director + Designer) takes all care to avoid errors, Andrea Terlich (Art Director + Designer) accepts no responsibility for typographical errors, spelling mistakes, omissions, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy and content before the production of artwork and is to proof read and thoroughly check the content of the design created by Andrea Terlich (Art Director + Designer) upon providing final approval. The email/written verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given nor will Andrea Terlich (Art Director + Designer) be held liable for subsequent costs due to oversights by the Client’s proof reading or checks.
In the instance where Andrea Terlich (Art Director + Designer) is working as an employee, contractor or as a freelancer for a studio/ad agency and approvals are provided by colleagues and staff (including verbally), Andrea Terlich (Art Director + Designer) will take instruction and will prepare, finalise and provide artwork for print/production as per the Employer or staff’s requests and accepts no responsibility for typographical errors, spelling mistakes, omissions, or incorrect information on any project committed to print or production. No “free work” will be provided to rectify any oversights nor will Andrea Terlich (Art Director + Designer) be held liable for subsequent costs due to oversights by colleague/staff’s proof reading or checks.
In regards to paper stocks and finishes of artwork sent to print production, Andrea Terlich (Art Director + Designer) will specify and recommend stocks and finishes for print if requested, and will communicate these specifications to the Client and/or Employee through an email and/or a supplied print quote. If the Client/Employee decides after production that the chosen specifications are not to their liking, Andrea Terlich (Art Director + Designer) will not be held responsible for any costs for the print nor will reprints be provided. All recommendations are provided in good faith by Andrea Terlich (Art Director + Designer) and are suggestions only – it is up to the Client/Employee to make the final decision and approve the printer’s quotes and specifications for print. It is agreed that the Client/Employee should ask questions regarding specifications should they have any concerns or queries – Andrea Terlich (Art Director + Designer) will always happily explain and communicate the basis of the recommendations/suggestions. Likewise if the Client/Employee would like to see a sample of any stocks or finishes, they only need to ask and Andrea Terlich (Art Director + Designer) will organise with the appropriate third party/supplier.
Samples: The Client shall provide Andrea Terlich (Art Director + Designer) with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. Andrea Terlich (Art Director + Designer) may use such copies and samples in a folio of work or for publication, exhibition, or other promotional purposes.
Folio/promotion: Andrea Terlich (Art Director + Designer) shall have the right to photograph or create mock-ups of all artwork/designs or installations completed for the Client and shall have the right to use such photographs or mock ups in a folio of work, website, publication, exhibition, or other promotional purposes. In instances where the Client’s personal information is featured on the design, Andrea Terlich (Art Director + Designer) will endeavour to ensure that such information is removed, changed or illegible so the Client’s confidentiality is not compromised.
Confidentiality: The Client shall inform Andrea Terlich (Art Director + Designer) in writing before the project commences if any portion of any material or information provided by the Client or if any portion of the project is confidential.
Indemnity: The Client agrees to indemnify and hold harmless Andrea Terlich (Art Director + Designer) from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by Andrea Terlich (Art Director + Designer).
Fees for service: It is agreed that the fee for service shall be the cost estimates provided within the supplied quote, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified, the Client agrees to pay appropriate fees for the excess work (including alterations outside the two sets of alterations included in estimate). In the event where excess fees apply, the additional fees will be provided to the Client and will be agreed upon before further work commences.
In the instance Andrea Terlich (Art Director + Designer) is working on an agreed hourly rate, the Client or Employee agrees to pay for the hours worked as stated and logged/invoiced by Andrea Terlich (Art Director + Designer).
Exclusions: Unless otherwise indicated, the estimate/s do NOT include:
1. Any photography/stock images, illustration, typography (fonts), web/digital development or print production (e.g. proofs, plates and printing) costs of the project;
2. Production beyond the supply of final electronic files (web-ready JPEGS, PNG, GIF and/or low-res electronic PDF) and final high-res print-ready files (PDF), but not including working or native files.
Print and production returns and refunds: It is agreed that Andrea Terlich (Art Director + Designer) is not responsible or held liable for any errors contained in the final product after the final product has been approved by the Client or Employer if working in an office/studio environment (where approval may be given either verbally or in writing), committed to print or production or posted in view of the public. Andrea Terlich (Art Director + Designer) will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the Client to notify Andrea Terlich (Art Director + Designer) of any such errors during the revision cycle and before the final files have been generated.With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. Andrea Terlich (Art Director + Designer) will not be held liable to pay for any print or production costs or subsequent costs and here will be no reprints at the expense of Andrea Terlich (Art Director + Designer).
In the event of a need to reprint due to errors in content or colour, the Client must inform Andrea Terlich (Art Director + Designer) within 3 days of product acceptance, and must return the product (at the cost of the Client) within 10 days of acceptance for assessment.
Management & supply of artwork files + archiving: Proofs – Artwork proofs will be emailed to the Client in low res PDF format or low res JPEG format. Due to the complex nature of artwork files and subsequent file sizes, proofs will be supplied and available for download/viewing via a cloud service link to ensure timely arrival of proofs to the Client’s inbox (artwork attachments are often blocked by email servers, corrupted by email servers or slow down email servers – a cloud/download link allows artwork to be supplied quickly and easily). Proof downloads/links will be available for a period of 7 to 30 days before the download link expires. The Client agrees to check all proof files thoroughly and provide clear feedback to Andrea Terlich (Art Director + Designer) in writing, via email. The Client agrees to also download and save a copy of the supplied artwork proof on their own server/computer/hardware should reference to the proof be required at a later date.
Final artwork files – Upon completion/approval of a job, Andrea Terlich (Art Director + Designer) will finalise and supply the final print-ready and/or web-ready files to the Client. Final print-ready files are usually supplied as a high-resolution CMYK PDFs (high res JPEG/PNG/TIFF and/or vector EPS files may be supplied in some instances) with final web-ready files supplied as screen-resolution RGB JPEG/PNG/GIF and/or a screen-resolution electronic PDF. Final print and/or web-ready files will be supplied to the Client in an email. Due to the complex nature of high-res/design files and subsequent file sizes, final artwork files will be available for download via a cloud service link to ensure timely arrival of final artwork to the Client’s inbox and to allow the Client to quickly supply artwork to third parties for production. Artwork downloads will be available for a period of 7 to 30 days before the download link expires. The Client agrees to download and thoroughly check all artwork files prior to printing and/or dispatching to third parties for production/upload. The Client also agrees to download and save a copy of the supplied final artwork files on their own server/computer/hardware should future reference to the final artwork files be required. If the client misplaces a final artwork file or doesn’t save/download the file/s at the time the download link is supplied, resupply of the file/s may be requested, however Andrea Terlich (Art Director + Designer) reserves the right to charge/invoice for the time taken to collate and resupply artwork files and prepare links for upload/download. The cost/s involved will be quoted and invoiced to the Client with all charges associated with the artwork resupply to be paid for upfront and in full, before the file/s will be released/resupplied.
Archived artwork files –Andrea Terlich (Art Director + Designer) will archive digital files of completed and concept project work as a service for clients for a period of 12 months. Artwork copies and resupplies may be requested, however please note that in some situations, archived files may not be accessible, due to storage media deterioration, corruption or changes in computer software. Andrea Terlich (Art Director + Designer) will take every care to preserve all digital files, however will not be held responsible for re-producing work free of charge in the event that files cannot be recovered nor will refunds be provided. Andrea Terlich (Art Director + Designer) also reserves the right to charge/invoice for the time taken to retrieve artwork files from archive and supply download links to the Client in instances where artwork supply and/or resupplies are requested.
Native/working artwork files – Andrea Terlich (Art Director + Designer) will provide the relevant final print and/or web-ready artwork files of the project artwork to the Client, once the artwork is approved and has been finalised. Unless requested or previously specified by the Client, native/working artwork files will not automatically be released to the Client. The Client may certainly ask for native/working artwork files after the project is completed and paid for in full, however please note that Andrea Terlich (Art Director + Designer) reserves the right to charge additional fees for the supply of native/working artwork files for time spent collecting and outputting files, uploading files to cloud services/supplying download links, and of course any costs incurred by supplying files via post/courier if the Client requests files to be saved to physical hardware if files are too large to be sent via download link (cost of the physical hardware is the Client’s responsibility). The cost/s involved will be quoted and invoiced to the Client with all charges associated with the artwork supply to be paid for upfront and in full, before the file/s will be released/resupplied. Andrea Terlich (Art Director + Designer) also asks that reasonable timeframes be kept in mind when requesting the supply of native artwork files.
Andrea Terlich (Art Director + Designer) currently works with Adobe CS6. If the Client requires files to be back-saved to previous editions of Adobe software or in a format outside of the Adobe software scope, Andrea Terlich (Art Director + Designer) will endeavour to re-save files where possible, however due to the limitations of software and the time required to re-save items, not all requests will be able to be accounted for and this is up to the discretion of Andrea Terlich (Art Director + Designer).
File/artwork supply via cloud service –In the instance where download links are supplied or folders are “shared” with the Client via cloud service, the Client understands and agrees that such links and “shared” folders will not be available or active on a long term basis – links expire and/or break if files are moved between cloud services and/or back-up hardware for archive. The Client agrees to download and save a copy of any/all supplied and shared files to their own computer/server/hardware to retain for future/long term reference. If a file is misplaced or lost, resupply of the file/s may be requested, however Andrea Terlich (Art Director + Designer) reserves the right to charge/invoice for the time taken to collate and resupply artwork files and links for download. The cost/s involved will be quoted and invoiced to the Client with all charges associated with the artwork supply to be paid for upfront and in full, before the file/s will be released/resupplied.
Freelance agency/studio/office work: In the event that Andrea Terlich (Art Director + Designer) is engaged by an agency/studio or a marketing/admin team to work internally at their offices or externally as a freelancer, Andrea Terlich (Art Director + Designer) will agree to an hourly or daily rate. A time sheet will be kept and logged (weekly, fortnightly or monthly) and the Client will be invoiced accordingly (if required). Hours logged are non-negotiable and must be paid for in full within 7-14 days.
Artwork produced in an office environment on the Client/Employee’s supplied hardware will be stored on the Client/Employee’s company server/network for representatives to access. Andrea Terlich (Art Director + Designer) reserves the right to keep a copy (PDF) of any artwork files worked on for folio/promotional purposes and will endeavour to give mention to the agency/studio when displaying the artwork. In the instance where Andrea Terlich (Art Director + Designer) is using her personal laptop to produce artwork, Andrea Terlich (Art Director + Designer) reserves the right to store these files on her own hardware/server/network. Files may be requested for supply and Andrea Terlich (Art Director + Designer) will happily share artwork packages once all artwork has been paid for in full and all related subsequent costs for the file supply have also been paid (if applicable). In the instance where hours worked have not been paid for in full, Andrea Terlich (Art Director + Designer) reserves the right to withhold artwork files until all monies outstanding are finalised and paid for.
In the instance where the Client/Employee’s has quoted a project and the work undertaken by Andrea Terlich (Art Director + Designer) exceeds the quoted estimate, Andrea Terlich (Art Director + Designer) will not provide “free work” or discounts, and Andrea Terlich (Art Director + Designer) will not be held liable for subsequent costs associated with any estimate oversights made by colleagues/staff at the time of quoting. All hours worked on the Client/Employee’s projects must be paid for, in full, by the studio/ad agency to the agreed hourly rate regardless of the fee the Client/Employee stands to earn.
The Client agrees to behave through all communications in a professional, courteous and respectful manner towards Andrea Terlich (Art Director + Designer). Any actions toward Andrea Terlich (Art Director + Designer) deemed as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of The Client may result in the cancellation of the agreement, termination of services, and the Client will be required to pay for all hours worked by Andrea Terlich (Art Director + Designer) and any additional hours worked to supply, finish or hand over artwork files and correspondence.
General: These Terms and Conditions supersede any and all previous Terms and Conditions distributed in any form by Andrea Terlich (Art Director + Designer). Andrea Terlich (Art Director + Designer) reserves the right to change any of these Terms and Conditions at any time and without prior notice.
If you have exceptions to the above that you wish to discuss, please advise prior to accepting the terms of any quote/estimate/agreement and the commencement of any projects (applies to both estimated and creative services supplied to an agreed hourly rate). Any queries are happily welcomed and alterations can be made to suit where applicable and confirmed via email.
