You the customer, are hiring Marlene Khoury Design (ABN 69 982 899 349) to create graphic design work such as a logo and/or marketing materials and/or event stationery design for the price displayed on our website (www.marlenekhourydesign.com.au) or in a proposed quote. By accepting quotes, your contact details will be stored in Marlene Khoury Design’s admin system.
Concepts: Marlene Khoury Design will determine the timeframes for initial design concept drafts dependent on their schedule at that time. Logo designs will be submitted for your review via email unless otherwise negotiated. Upon receiving your feedback on these designs, Marlene Khoury Design will make any needed changes to your designs until you are completely satisfied.
Author’s Corrections: Author’s Corrections are changes made outside of originally supplied content/brief. For example, in your design brief it states that your company is called Melbourne House Cleaning, so we base my concept(s) around this wording. Then you change your name and say it’s now called Top End Cleaning. These changes will be charged as Author’s Corrections at the price of $60.00 per hour.
File Delivery: After the final logo design is approved, the final logo design files will be sent to you as a digital files (.jpg, .pdf, .eps, .png, graphics file formats suitable for both print and web). A style guide will only we provided if it is included in your branding package. If requested and not included in your package it will be charged at an additional cost.
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Marlene Khoury Design retains the right to use the final logo, or any versions of the logo created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The client also gives Marlene Khoury Design permission to use client’s name, and/or website address, for testimonial purposes on her 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.
Resending Completed Files: If a client loses or accidentally deletes the files delivered by Marlene Khoury Design at the completion of the project, Marlene Khoury Design can re-send files for a fee of $60 per request.
Payment: In return for the logo design, the Client agrees to pay a non-refundable 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery of final logo set. The client understands that the final logo design belongs to Marlene Khoury Design until paid in full. In the event of termination of this Agreement, Marlene Khoury Design owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Marlene Khoury Design owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Marlene Khoury Design reserves the right to display the logo for business promotional use including social media.
Termination: The client has the right to terminate this Agreement if, Marlene Khoury Design fails to complete the design by any deadline that has been submitted and agreed upon in writing or verbally. However once research or design work has commenced on a project, the client’s deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. Marlene Khoury Design endeavours to provide graphic design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent. If the client decides to pull out of Agreement at any point after work concepts have been completed and presented, Marlene Khoury Design has the right to charge you for their time spent on the project up until that point and/or any printing costs incurred.
Force Majeure: Marlene Khoury Design 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 Marlene Khoury Design 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.
Delays: Illness, injury, or other events beyond Marlene Khoury Design’s control, such as fire, theft, computer failure, etc. may result in a delay of unpredictable length.
Performance Liability: Marlene Khoury Design does not warrant that the functions supplied by logo design(s) will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Marlene Khoury Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Marlene Khoury Design has been advised of the possibility of such damages.
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Marlene Khoury Design will determine the timeframes for initial design concept drafts dependent on their schedule at that time. Designs will be submitted for your review via email unless otherwise negotiated.
Author’s Corrections: Author’s Corrections are changes made outside of originally supplied content/brief. For example, you supply us with wording and images for a DL flyer and after the first round of amendments (which will be included in the proposed estimate), you decide to change the heading or add in, say, an additional service, this will be charged as Author’s Corrections at the price of $60.00 per hour.
How to avoid Author’s Corrections: Make sure all supplied content is approved before you send it through. Make sure you provide adequate feedback in the first round of changes as it will save a lot of time moving forward.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. Marlene Khoury Design retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Marlene Khoury Design permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media including social media. The client understands that it is the client’s responsibility to copyright the design and/or seek trademark.
Payment: In return for graphic design services, the Client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to any printing or delivery of files. The client understands that the final design belongs to Marlene Khoury Design until paid in full. In the event of termination of this Agreement, Marlene Khoury Design owns the design and has the right to reuse for another project. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Marlene Khoury Design reserves the right to display the design for business promotional use including social media.
All printing accounts must be settled in full prior to the release of the files to the printer.
Stock Photography: Marlene Khoury Design reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote. Any photos acquired by Marlene Khoury Design for inclusion in the client’s work remain the property of Marlene Khoury Design and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing and charged out to Marlene Khoury Design.
Working Files, Templates & Print Files: Marlene Khoury Design strongly believes in the importance of brand control and shy’s away from supplying working files as there is a high chance of future styling inconsistencies. However, if the client requests the working files to be supplied, they will be charged at 30% of total production cost OR will be charged according to Marlene Khoury Designs discretion dependent on value of product to the client. Marlene Khoury Design will retain full ownership of original design concept and materials it produced. Marlene Khoury Design may still use paid-for concepts in its promotional materials and in its design portfolio. Upon payment being received, packaged working files will be handed over and Marlene Khoury Design will not be responsible or held liable for any textual or colouring errors post print production. Fonts carry individual copyright licensing terms and at no point may fonts be supplied to the client for any reason that may breach copyright or licensing terms. Marlene Khoury Design will not be held responsible for any in-house printing issues that may arise from supplied templates.
Resending Completed Files: If a client loses or accidentally deletes the files delivered by Marlene Khoury Design at the completion of the project, Marlene Khoury Design can re-send files for a fee of $60 per request.
Approval of Final Artwork: While Marlene Khoury Design takes all care to avoid errors, Marlene Khoury Design 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 client is to provide email verification 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 to oversights by The Client’s proof reading.
Print Returns and Refunds: It is agreed that the Marlene Khoury Design 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. Marlene Khoury Design will not be held responsible for changes or amendments made after approval. It is the sole responsibility of the client to notify Marlene Khoury Design of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Marlene Khoury Design within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
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 previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Marlene Khoury Design.
Delays: Illness, injury, or other events beyond Marlene Khoury Designs control, such as fire, theft, computer failure etc. may result in a delay of unpredictable length.
Delivery: Delivery times depend on item type and substrate printed on. Please allow for shipping timeframe to make sure that the delivery date will be suitable for you. Rush orders may be possible under certain circumstances. Fees apply.
Marlene Khoury Design is located in Melbourne and ships to customers Australia wide. Tracking information is provided with every package.
Loss or damage: Marlene Khoury Design cannot be held responsible for any loss or damage in transit once the order has been dispatched. We will take the utmost of care to ensure safe and appropriate packaging and delivery methods are used.
You will be supplied with a courier tracking number on the day that your package is collected from our studio so you can track your goods from door to door.
Copyright: 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 Marlene Khoury Design until such time an agreement is in place.
Marlene Khoury Design retains full ownership of design concepts and materials it produces. Only finished art files suitable for reproduction will be supplied to The Client. Raw/working/source files remain the property of Marlene Khoury Design unless otherwise negotiated. ‘Finished artwork’ is as defined in the proposal/quotation and is dependant on the scope of work. Raw/working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.
Once a concept is approved, finished artwork is delivered to a client and full payment is received, the agreed ownership rights to the finished artwork transfer to the client. Unused concepts remain the property of Marlene Khoury Design and includes design proposals and concepts submitted but not approved for the work outlined.
Until final payment Marlene Khoury Design retains ownership of all artwork. Marlene Khoury Design reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
Marlene Khoury Design reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Marlene Khoury Design 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 Marlene Khoury Design in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Termination: The client has the right to terminate this Agreement if, Marlene Khoury Design fails to complete the design by any deadline that has been submitted and agreed upon in writing or verbally. However once research or design work has commenced on a project, the client’s deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. Marlene Khoury Design endeavours to provide graphic design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent. If the client decides to pull out of Agreement at any point after work concepts have been completed and presented, Marlene Khoury Design has the right to charge you for their time spent on the project up until that point and/or any printing costs incurred.
Force Majeure: Marlene Khoury Design 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 Marlene Khoury Design 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.
Disclaimer: Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Marlene Khoury Design take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Marlene Khoury Design cannot be held responsible for variations between expectation and outcome.
Event stationery includes but is not limited to invitation suites, seating charts, placecards, menus, welcome signs for personal purposes.
Concepts: Marlene Khoury Design will determine the timeframes for initial design concept drafts dependent on their schedule at that time. Designs will be submitted for your review via email unless otherwise negotiated.
Payment: In return for graphic design services, the Client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to any printing. The client understands that the final design belongs to Marlene Khoury Design and reserves the right to display the design for business promotional use including social media.
All printing accounts must be settled in full prior to the release of the files to the printer.
Copyright: Marlene Khoury Design reserves the right to use images of our stationery that we produce for you for marketing purposes. This includes use on social media, all advertising (print, online and elsewhere). Please note that home addresses and phone numbers are blurred or cut out of the image when posted on Social Media. Marlene Khoury Design holds and retains, at all times, complete ownership and intellectual property rights of stationery, designs or materials produced, whether complete or incomplete.
Approval of Final Artwork: While Marlene Khoury Design takes all care to avoid errors, Marlene Khoury Design 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 client is to provide email verification 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 to oversights by The Client’s proof reading.
Print Returns and Refunds: It is agreed that the Marlene Khoury Design 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. Marlene Khoury Design will not be held responsible for changes or amendments made after approval. It is the sole responsibility of the client to notify Marlene Khoury Design of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Marlene Khoury Design within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
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 previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Marlene Khoury Design.
Delays: Illness, injury, or other events beyond Marlene Khoury Designs control, such as fire, theft, computer failure etc. may result in a delay of unpredictable length.
Delivery: Delivery times depend on item type and substrate printed on. Please allow for shipping timeframe to make sure that the delivery date will be suitable for you. Rush orders may be possible under certain circumstances. Fees apply.
Marlene Khoury Design is located in Melbourne and ships to customers Australia wide. Tracking information is provided with every package.
Loss or damage: Marlene Khoury Design cannot be held responsible for any loss or damage in transit once the order has been dispatched. We will take the utmost of care to ensure safe and appropriate packaging and delivery methods are used.
You will be supplied with a courier tracking number on the day that your package is collected from our studio so you can track your goods from door to door.
Termination: The client has the right to terminate this Agreement if, Marlene Khoury Design fails to complete the design by any deadline that has been submitted and agreed upon in writing or verbally. However once research or design work has commenced on a project, the client’s deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. Marlene Khoury Design endeavours to provide graphic design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent. If the client decides to pull out of Agreement at any point after work concepts have been completed and presented, Marlene Khoury Design has the right to charge you for their time spent on the project up until that point and/or any printing costs incurred.
Force Majeure: Marlene Khoury Design 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 Marlene Khoury Design 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.
All invoices are payable within 15 calendar days of the date of issue unless otherwise agreed. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 15 calendar days of the date of issue.
Accepting Quotes: By accepting the supplied estimate from Marlene Khoury Design, you accept the above contract.
Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
