Please read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By signing, you are agreeing to our Terms and Conditions and are entering into a binding contract.

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The below conditions have been construed under Australian Law and apply to all individuals, businesses, or companies (Client/s) engaging the services of Hazelwood Media, its contractors, subcontractors, and employees (the Business) unless otherwise agreed to in writing by both parties.

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1. General Conditions of Contract

1. These Terms and Conditions cover all Contracts entered into by a Client with the Business for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)

2. These Terms and Conditions are subject to change without notification by the Business 

 

2. Original Visual Brief, Variations, and Guarantee

1. The Business and the Client will attend an initial consultation at no charge to the Client. This can be held via phone, email, video call, or in person. A (Visual Brief) will be constructed through the collection of designs inspiration. This will assist in the evaluation and formulation of the Client’s business design requirements.

2. If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (4); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.

3. The Business offers two revisions to Artwork under the original Visual Brief.

4. Any additional work, revisions, or variations outside of the original Visual Brief will incur additional charges, which will be discussed with the Client prior to commencing additional work. All prices exclude GST.

 

3. Quotations

1. Quotations are generated by the Business on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.

2. All quotes are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.

 

4. Payment

1. The Business reserves the right to request a non-refundable deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Business, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Business, the Client is accepting the Terms and Conditions and entering a contract with the Business.

2. For projects quoted under $1,00.00, a deposit of 25% of the total project cost will be invoiced at the commencement of the project, with the remaining 75% owing upon competition of all work, prior to handover. The Business reserves the right to not provide this service until payment has been received in full from the Client.

3. For projects quoted over $1,00.00, a deposit of 25% of the total project cost will be invoiced at the commencement of the project, a further 50% will be invoiced upon presentation of creative work and the final 25% upon completion of all work, prior to handover. The Business reserves the right to not provide this service until payment has been received in full from the Client.

4. If the work time exceeds 60 days in duration, the Business may elect to invoice, and the Client agrees to make payments by, monthly invoices based on the work done to date.

5. The Business reserves the right to invoice prior to the time detailed in clause (4.3 & 4.4) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (5.1).

6. The Client reserves the right to request a payment plan which may be accepted by the Business at its discretion. All payment plans must be agreed to by both parties in writing.

7. All payments are to be made within 7 days of invoicing.

8. The Business is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

                                                                       

5. Cancellation and Variation Policy

1. The Business reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered, or further Artwork is requested – refer Original Visual Briefs, Variation, and Guarantee – begins clause (2.1).

2. It is agreed that the project may be cancelled by the Client by written notification. Should the Client breach this agreement or our standard 7 day payment terms, the Business also reserves the right to cancel the agreement by written notification.

3. If the Client requests the cancellation of a Contract, the Business will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.

   1. If the determined monies payable is less than the deposit paid, a refund will be issued by the Business to the Client for the difference.

4. The Business will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Business will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Business to recover all monies owed.

5. All deposits, booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced.

6. If a client loses or accidentally deletes the files delivered by the Business at the completion of the project, the Business can re-send files for a fee of $50 per request.

7. 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 advance payment (deposit) will be forfeited in lieu of compensation to the Business. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by the Business and the Client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice.

8. If a project is cancelled by the Business, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

9. 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 the Business.

 

6. Approving Proofs/Designs/Printing

1. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

   1. The Client’s final accepted proof is the Artwork that will be turned into a digital asset. There will be no alterations at our expense. Final Client proof is supplied at intended size to assist in confirming colours, design, size, and type. You shall indemnify the Business, its owner, and its representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by you or anyone else, or otherwise arising.

2. While the Business takes all care to avoid errors, the Business accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy before the production of artwork. The email 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 after a final approved design has gone to print due oversights by The Client’s proof reading.

 

 

7. Submission of Client Artwork

1. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Clients are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however the Business is not responsible for Artwork mistakes. The Business is also not liable for supplied file errors. There will be no reprints at our expense.

2. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.

3. It is the Client’s responsibility to ensure that any Artwork, images, files, and text submitted does not violate Australian copyright laws. The Business assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.

 

8. Commencement of Work

1. The Client agrees to provide written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between The Client and Hazelwood Media concerning the work outlined in this submission.

 

9. Confidentiality

1. The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by the Business to be a competitor of Hazelwood Media. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.

 

10. Limitation of Liability

1. The Client agrees and accepts that the Business is not legally responsible for any loss or damage suffered or incurred related to use of any of the Business’ services, whether from amendments, errors, or omissions in documents, designs, information, or any goods or services offered by the Business. This includes the Clients use or reliance on any third party content, links, comments, or advertisements. The Clients use of, or reliance on, any information or materials the Business produces, amends or designs is entirely at your own risk, for which we shall not be liable.

2. It shall be the Clients own responsibility to ensure that any products, services or information you use meet their specific requirements.

3. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of the Business for any such inaccuracies or errors to the fullest extent permitted by law.

 

11. Copyright

1. Ownership of copyright over all concepts and draft Artwork remains with the Business. This includes, but is not limited to; logos, symbols, compositions, and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.

2. For more information visit http://www.copyright.org.au/information

3. Artwork designed will remain the property of the Business until the account is paid in full. Upon full payment of account, copyright ownership will be transferred to the Client.

4. The Business retains the right to utilise all Artwork produced and all associated design elements for self-promotion. 

5. The Business does not take any responsibility for Trade marking of any kind.  It is the client’s responsibility to check trade marking laws and existing Trademarks for availability.

 

12. Force Majeure

1. The Business shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Business including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions, fire, power outages, natural disasters, disease, theft, vandalism, riots, civil commotions, accidents of any kind.

 

13. Disclaimer

1. Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Hazelwood Media take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Hazelwood Media cannot be held responsible for variations between expectation and outcome.