Terms and Conditions

These Terms & Conditions apply to the conduct of services provided by Amy Dees to you (the client). Unless specifically varied by written agreement, these Terms & Conditions shall form part of any contract between Amy Dees and the client in the provision of services (the Work).

1. The Work

1.1 The Work provided by Amy Dees includes design concepts, production of final artwork for approval, alteration to existing artwork produced by Amy Dees and copywriting for inclusion in artwork.

1.2 The Work also includes the management and supply of outsourced production including and not limited to print, web development and photography as directed by the client.

1.3 The Work shall be as described on the quote submitted for client approval.

1.4 The client will aim to provide prompt responses to all requests made by Amy Dees to ensure on time delivery of The Work. Any delays for supply or response of information will be added to the agreed timeline.

1.5 Any modifications or changes by third parties to The Work provided by Amy Dees will be borne by such party.

2. Acceptance of Services

2.1 Approval by the client of the quote via email or written will constitute acceptance by the client of these Terms & Conditions.

2.2 On commencement of the Work the client shall agree to pay for the Work in accordance with these Terms & Conditions.

3. Variations

3.1 Variations requested by the client after commencement of work may be subject to an additional fee.

3.2 Quotes do not allow for Variations to original brief or additional work requested.

3.3 Variations include direction(s) or further instruction(s) that are not consistent with initial instruction, alterations to text, layout or sizing or any other alteration that would require additional time spent to deliver the Work. A revised quote will be supplied on request.

3.4 Should client Variations be made after the client receives final artwork, these will be charged as Corrections in addition to quote amounts.

4. Approvals

4.1 Artwork shall be sent to the client for approval as an attachment via email. Approval shall be made by return email.

4.2 Final artwork shall be supplied to the client in standard pdf for use as per initial instructions. Native files shall not be released to the client or any third party.

4.3 Amy Dees requires approval from the client before the final artwork is forwarded to third parties for further production as per client instructions.

4.4 Approval of artwork by the client shall indemnify Amy Dees against any future claims to errors in artwork.

5. Outsourced Production

5.1 Amy Dees can assist in the management of outsourced production on behalf of the client as agreed within the quote.

5.2 Additional outsourced production costs incurred by Amy Dees that are not included on the quote will be advised and charged to the client.

5.3 If a hardcopy of digital proof from a third party is supplied prior to production, Amy Dees shall require approval of this proof by the client.

5.4 Approval of proof by the client shall indemnify Amy Dees against any errors in the file that were not corrected before completion of the outsourced production.

6. Trading Terms, Fees & GST

6.1 The client shall pay Amy Dees for services provided to them by Daizer Pty Ltd.

6.2 Fees are payable in accordance with but not limited to the amount shown on the quote. Any additional services requested by the client not specified in any quote will incur a separate fee (see Variations to the Work).

6.3 A Tax invoice will be issued for the fee payable outlining a description of the service provided, the amount due, including the GST component, and the terms and methods of payment (see Trading Terms).

6.4 Amy Dees has the right to not release final artwork until full payment has been made.

6.5 Payment of the total amount set out on the Tax invoice is required 14 days from date of invoice unless otherwise stated on the invoice.

6.6 A Tax invoice will be issued to the client at the completion of the Work carried out.

6.7 In the event of any Work estimated to take longer than 6 weeks, at any time before the Work is completed, one or more Tax invoices may be issued as progress payments for a portion of the quote.

6.8 Amy Dees may request an upfront payment of a minimum non-refundable deposit of 50% of the quoted works, before commencing any of the Work.

6.9 All services provided by Amy Dees will attract 10% GST. This amount will be itemised on Tax invoices issued.

7. Payments

7.1 The method of payment is either by electronic funds transfer, directly into our bank account as specified on the Tax invoice issued. Alternatively, credit card payments are accepted via PayPal, which will incur a 3% surcharge. The Client must advise Amy Dees if this is the preferred method of payment to receive an adjusted invoice inclusive of additional surcharge.

7.2 If payments are not received by 14 days past the due date, the amount outstanding may, at the discretion of Amy Dees, attract additional fees.

7.3 Until such time that payment is made in full, the Work shall remain the property of Amy Dees.

7.4 Legal action may be taken by Amy Dees to recover monies owed for services rendered and unlicensed use of Work.

8. Copyright

8.1 Any Work created byAmy Dees is subject to copyright. Copyright in all design concepts presented to the client shall be the exclusive property of Amy Dees.

8.2 On receipt of full and final payment for the Work, Amy Dees grants to the client a non-exclusive ongoing copyright license to use final artwork approved by the client for the purpose for which it was created. Until such time that copyright license is granted, the Work shall not be reproduced, adapted or communicated by the client.

8.3 The client is responsible for conducting any trademark or other searches to ensure that the Work created by Amy Dees does not inadvertently infringe copyright or trade mark rights of pre-existing material.

8.4 The client shall be under no obligation to use the licensed Work, however must not sub-license or assign rights in the Work without the prior written consent of Amy Dees.

8.5 Amy Dees may, for a premium, negotiate a contract with the client to assign exclusive copyright ownership of the Work to the client.

9. Warranty

9.1 Amy Dees warrants that the Work created is original and appropriate for the purpose for which it was created.

9.2 Amy Dees warrants that any stock library image supplied to the client does not infringe copyright when used for the purpose for which it was supplied. The client is responsible for ensuring that any future use of such image by the client does not infringe any copyright.

9.3 The client warrants that it has copyright in or a license to authorise Amy Dees to reproduce any material supplied by the client for the purpose of producing the Work. Amy Dees will not reproduce, adapt or communicate material for the client that is known to Amy Dees to infringe the copyright of a third party, without the client obtaining the prior written consent of the copyright owner.

9.4 The client shall indemnify Amy Dees against any direct or indirect future claims arising in relation to breach of copyright by the use of Work supplied by Amy Dees.

10. Termination

10.1 Dissatisfaction with the service provided by Amy Dees should be advised in writing as soon as possible to allow resolution of any disputes before completion of the Work.

10.2 Should dispute result in termination of services, a pro rata Tax invoice will be issued for Work already completed and is payable by the client.

11. Display

Amy Dees reserves the right to showcase The Work in numerous on and offline outcomes, including online galleries and publications.