Terms and Conditions
Each of our services allows for two (2) major revisions only. Any more than this and you will be charged an extra $25 for each revision. Once your artwork is complete for revision, you will be sent an artwork proof to peruse and either accept or request changes be made. All care is taken to ensure the artwork is correct and as per the brief given, however, errors passed upon signing at this stage are the customers’ responsibility. Overall, we want you to be happy with your design and we will do our absolute best to ensure that you are. If you have any issues at all, please contact us and we will be more than happy to sort it out for you!
DURATION OR TERMINATION OF SERVICE
If for some reason you wish to terminate our services you may be entitled to a refund, if:
The service has been delivered by DBG past the agreed-upon ‘due date’. This is only applicable if a due date had been stipulated in any communications with us. If there was no agreed-upon due date, the client must pay in full for the service delivered.
Otherwise, the client must pay the full amount quoted for the service provided by Designs by Gemma (hereafter referred to as DBG).
For the cancellation of a subscription-based service, the client can cancel their subscription anytime. To do so,
If a transaction involves collecting any personal information about an individual, it will be collected for the basis of providing the service quoted upon. This is necessary if Designs by Gemma is needing to set-up things on your behalf such as website domain hosting etc.
All private and personal information will remain with us and will not be given to a third party for payment or placed on our public domains such as social media pages and websites. By providing your personal information to DBG, you are giving your consent to us for use as stated above. If your artwork is placed on our social media pages or websites, we will change personal details such as names, dates and locations. If your artwork is for business purposes, we will only display public business information and link it to your pages as best as we can.
CONTENT OWNERSHIP, INTELLECTUAL PROPERTY RIGHTS AND LICENSE TYPES
You, the client, have ownership of the final design for use in any media application that is beneficial to your business. DBG retains the right to use the final logo, or any versions of the design created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The client also gives DBG permission to use the client’s name, and/or website address, for testimonial purposes on their website, or other business-related media including social media. The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark.
For graphic work other than logo design such as wedding stationery, social media graphics, website design, business stationery etc. Designs by Gemma owns the intellectual rights to these designs. If found in use without payment or written consent, legal proceedings surrounding intellectual property rights may proceed.
For the purchase of any downloadable/editable files from DBG, an industry-standard license type is applicable. With a standard license type, you may:
Reproduce up to 500 copies of the asset in all media, including product packaging, printed marketing materials, digital documents, or software.
Include the asset in email marketing, mobile advertising, or a broadcast or digital program if the expected number of viewers is fewer than 500.
Post the asset to a website or social media site with no limitation on views.
Include the asset in some types of products, such as inside a textbook, as long as the primary value of the product is not the asset itself, and the product is not reproduced more than 500 times.
Share the unmodified asset with your employees and contractors who have contractually agreed to abide by the license terms.
With a standard license, you may not:
Distribute the stand-alone file.
Exceed the file editing restrictions outlined on the artwork approval document.
Create merchandise, templates, or other products for resale or distribution where the primary value of the product is associated with the asset itself. For example, you can't use the asset to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the asset printed on it.
Transfer the license to more than one employer or client, unless separately licensed for each.
PAYMENT SCHEDULE AND DEBT RECOVERY
Full payment for the service must be received by DBG at least seven full days post artwork approval. Where the client/s fail to make payment as specified, DBG shall have the right to withhold any design files created for that job.
To accept a quotation from DBG, a 15% deposit must be paid, for larger works such as websites, a 50% deposit is to be made. After that, the remaining total will be billed upon completion, prior to handover. For jobs that include printing, the full price of the job must be paid for upfront.
If you require an alternative payment arrangement, please speak directly with us about this.
Where payment becomes overdue by a period greater than 14 days and a payment reminder is issued, an administration fee of $44.95 may be added.
Where the client/s fail to make payment as specified in these terms and conditions, and a payment reminder has been issued, a formal debt recovery process may be initiated by DBG. Where a formal debt recovery process is initiated, the client/s will be liable for all costs associated with that debt recovery process.
TERMS AND CONDITIONS ACCEPTANCE
By accepting the supplied estimate from Designs by Gemma, you accept the above terms and conditions.