Legal Stuff

Commencement of work

Acceptance of quote/proposal or payment of initial deposit from becmorris constitutes agreement to these terms and conditions.

Payment

The Client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. becmorris endeavours to provide graphic and web 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 work time exceeds 4 calendar weeks in duration, The Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

All printing accounts must be settled in full prior to the release of the files to the printer.

Accounts which are not paid COD will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

Alterations

Unless otherwise stated, creative and design works include 2 rounds of amends (one set of major changes and a second set of minor alterations). becmorris will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.

Additional Work

This is defined as any work involving additions to the list of items defined in the Project Proposal/Quotation or changes to all pieces of finished artwork after sign off by an authorised representative of The Client.

From time to time The Client will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and additional fees will be charged at the agreed hourly rate.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Urgent work requested outside of the scope of the Services which is required outside of ordinary business hours or to the detriment of concurrent work for other clients will be charged at an hourly rate equalling and additional 25% of BM Designs ordinary hourly fees as set out in the quotation.

Publication and/or release of work performed on behalf of the client by becmorris may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced. 

Approval of Final Artwork

While becmorris takes all care to avoid errors, becmorris 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 approval 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.

Website Design – Post Completion Alterations

Once web design is complete, becmorris will provide the customer with the opportunity to review the resulting work. becmorris will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small text changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to becmorris by e-mail and confirmed by phone. becmorris will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable at becmorris’ agreed hourly rate.

Resending Completed Files

If a client loses or accidentally deletes the files delivered by becmorris at the completion of the project, becmorris can re-send files for a fee of $50 per request (plus GST if applicable).

Termination Policy

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 becmorris. 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 becmorris and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at the agreed hourly rate.

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

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork shall be returned and retained by becmorris.

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 becmorris until such time an agreement is in place. 

becmorris 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 becmorris 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 becmorris and includes design proposals and concepts submitted but not approved for the work outlined. 

Until final payment becmorris retains ownership of all artwork and website architecture. becmorris reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.

becmorris reserves 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.

Other than for the promotional use of becmorris all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. For additional usage, price will be assessed and quoted as needed.

becmorris 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 becmorris in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Website Design – Credit

The Client agrees to allow becmorris to place a link to becmorris’ own website on the customer’s website. This will be in the form of a line of text placed in the footer or towards the bottom of each website page.

The Client also agrees to allow becmorris to place websites and other designs, along with a link to the client’s site on “becmorris’” own website for self promotional purposes.

Amendments to terms and conditions

Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by The Client. Agreed amendments will be rewritten into a new quote/proposal by BM Design, and the document re-submitted to The Client for signed approval.