Terms and Conditions
Last updated: Oct 2020
The following terms and conditions are intended to protect your rights as a consumer and my rights as a service provider and creative.
ENGAGEMENT FEE TERMS:
Unless prior arrangements have been made, all projects exceeding $300 are subject to a minimum Engagement Fee of 50% of the total job cost prior to Denise Gibb commencing any project.
Jobs less than $300, and fees for the optional proof/edit on all projects, require full payment in advance.
RETAINER FEES TERMS:
Retainer fees are required to be paid in advance on a monthly basis. Where payment is not made by the due date, work will be discontinued.
The Final Invoice, payment is required within 7 days. After which, the transfer of Copyright to the Client, will be issued:
- once the copy has been approved by the Client; or
- the first draft has been completed and provided by Denise Gibb and
- the Client has not provided any feedback or changes to the copy within 21 days (3 weeks).
In this instance, it will be assumed the work has been accepted as complete and the project will be closed. Further edits required after this period will need to be formally rescheduled.
Any additional fees incurred due to recovery costs on the Final Invoice will also need to be paid in full before Copyright will be transferred.
Payments should be made by EFT to the nominated account (provided on your invoice).
H3: CHEQUE OR PAYPAL:
Payments made via cheque or PayPal may only be made by prior arrangement. Standard PayPal transactions fees will apply. Additional administration and processing fees may also apply.
Final accounts which are more than 30 days overdue will be referred to a debt collection agency and/or law firm.
All fees and costs associated with recovery of the debt, including commission on collection of the additional costs and/or legal costs, will be payable by the Client unless alternate arrangements have been made in writing prior to the account falling 30 days in arrears.
Any work deemed urgent and required to take priority over other projects will be subject to
a Rush Fee charged at 30% of the full fee rate of the total quote. If the project is deemed urgent partway through completion of the project, a Rush Fee of 30% will apply to the remaining portion of work to be completed. Rush fees are subject to a minimum 50% Engagement Fee and proof of payment (such as a payment transfer receipt) must be supplied prior to any work commencing.
Retainer payments are required to be paid in advance on a monthly basis.
Projects exceeding the agreed upon hours of the retainer agreement will be charged at the nominated project rate, subject to these Terms & Conditions.
- Should the Client cancel the retainer contract, or part thereof, prior to the term of the retainer period, the Client will be liable to pay out the remainder of the retainer contract at the agreed rate, or 3 months at a non-discounted rate (whichever is less), within 14 days (2 weeks).
- Where a portion of the retainer project is cancelled, the Client may substitute that portion with other project work within the same period and to the same value to avoid/minimise cancellation fees.
- Should Denise Gibb cancel the retainer contract, or part thereof, prior to the term of the retainer period, the standard monthly fee will be refunded, less any work already completed to date within 14 days (2 weeks) of cancellation.
SCOPE CREEP OR CHANGE OF SCOPE
Changes or additions to the Scope of Work set out in the proposal may be subject to additional fees. Where this is likely to be the case, a new proposal will be drafted outlining the revised or additional Scope of Work, with prices quoted accordingly.
All material created by Denise Gibb remains the property of Denise Gibb until all final costs have been received.
Until all outstanding fees are received, the Client is prohibited from publishing, reproducing, altering or redistributing any material produced by Denise Gibb.
Once final payment has been received the Client secures copyright to the material, however Denise Gibb retains the right to use any portion of the material, including screenshots or logos, for self-promotional interests, unless the Client explicitly denies this request in writing, prior to completion of the project.
In the event that a project is cancelled before completion by the Client, the Client waives copyright to any and all work completed and not paid for.
Use of content prior to full payment is a breach of the Copyright Act 1968 and the Copyright Regulations 2017 which may result in your webhost or publishing platform being required, under law, to expeditiously remove infringing material at the request of Denise Gibb.
Denise Gibb relinquishes all responsibility for legal repercussions which may be incurred on publication or distribution of material by the Client.
It is the responsibility of the Client to ensure the accuracy of all content and that all information provided to, or produced by Denise Gibb, is factual and correct. Where Denise Gibb has created original brand/product names or company slogans, Denise Gibb will take all due care to ensure that no existing copyright or trademarks apply, however any applicable search fees will be charged to the Client.
CANCELLATION OF PROJECT
CANCELLATION BY CLIENT:
- In the event that a project is cancelled by the Client after the Client has signed the Project Authorisation, but prior to commencement of the project, the Client will forfeit their Engagement Fee.
- In the event that the Client is required to cancel a project after work has commenced, the Client will forfeit their Engagement Fee and be obliged to pay for all work completed to date within 14 days (2 weeks). Discounts and exemptions will not apply.
CANCELLATION BY DENISE GIBB:
- In the event that Denise Gibb is required to cancel a project, the Client will be under no obligation to make payment for any work not completed. Any monies already paid (including the Clients project Engagement Fee) will be refunded in full to the Client within 14 days (2 weeks).
- Should the Client wish to use any completed material and secure Copyright to that material, the Client may pay for all or any work completed to date in accordance with the standard payment terms.
AGENCY / THIRD PARTY ARRANGEMENTS
Where an agency or third party is acting on behalf of a client, the agency or third party is considered to be the Client of Denise Gibb.
Late or non-payment of fees to an agency or third party by their client is not the responsibility of Denise Gibb and has no bearing on the payment terms set out in this contract, to which the signatory of this contract is bound.
COLLECTION OF INFORMATION:
In order to understand your business, audience and objectives, Denise Gibb may be required to collect information about you, your business and your online platforms. This is information you choose to share.
STORAGE OF INFORMATION:
All information stored online is removed and stored on an offline hard-drive once your project is complete.
Information may be shared with other service providers to complete your project. Denise Gibb does not share your information with third parties without your permission and consent, however Denise Gibb cannot guarantee how your information will be stored or used by third parties you have agreed to allow us to share information with.
ACCESSING OR UPDATING YOUR INFORMATION:
Should you wish to access or update your information, please contact Denise Gibb.
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Terms and Conditions