All clients must agree to the points laid out below.
Terms of Service.
BittenByDesign.com provides its services to you subject to the following Terms of Service. BittenByDesign.com may, in its sole discretion, modify these terms from time to time without notification.
Payments on all invoices are due within 30 days of receipt or terms on invoice. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.
The grant of any license or right of copyright or programming is conditioned on receipt of full payment.
Graphic design is a professional service, not a restockable product or commodity – customers are billed for the time and expertise of our graphic designers, art/creative directors and project managers. In accordance with industry standards, BittenByDesign.com charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance.
BittenByDesign.com does NOT engage in speculative work and will not honour any requests for same (see www.no-spec.com for more information about spec work). We have provided a sample public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by BittenByDesign.com is a good fit for their project or business.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. The final invoice amount will not exceed the quoted amount by a margin of over $50 without prior notification and written authorisation by the client.
Deposits and payments may be made in a number of ways:
– Credit Card (Via PayPal)
– Company or Certified Cheque
– Bank Direct Deposit
Default in Payment
The Client shall assume responsibility for all collection and legal fees necessitated by default in payment.
If the account remains in default after 60 days, or if the customer’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account (at $50AUD per month). Refusing to pay your bill is theft, and if collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to BittenByDesign.com. In such a case, we will retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by BittenByDesign.com, said project will be classified as “inactive”. Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).
If a client should abandon a project by way of negligence (e.g., cutting off contact, refusing to respond to emails or phone calls), an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned projects are also subject to an accellerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
In the event of cancellation of the assignment, ownership of all copyrights and any original artwork shall be retained by BittenByDesign.com. A $50.00 cancellation fee for project consultation and development set-up will be charged in addition to work completed based on the prorated portion of the next payment and expenses already incurred, shall be paid by the Client.
The Client shall reimburse BittenByDesign.com for all expenses arising from their project. The Client shall reimburse BittenByDesign.com for any requested stock photography or specialty fonts purchased to complete this assignment.
BittenByDesign.com shall be given credit on website designs.
BittenByDesign.com shall receive copyright notice in this form: ‘Website by BittenByDesign.com’ with a link to our website.
Clients may not remove our credit line while still using our design, unless alternative arrangements have been made.
Ownership of Artwork
BittenByDesign.com retains ownership of all original artwork (live files used to create artwork), in any media, including digital files, whether preliminary or final.
If a choice of design is presented, only one solution is deemed to be given by BittenByDesign.com as fulfilling the contract. All other designs remain the property of BittenByDesign.com, unless agreed in writing that this arrangement has been changed.
The customer also agrees to allow BittenByDesign.com to place websites and other designs, along with a link to the client’s site on BittenByDesign.com’s own website for demonstration purposes and to use any designs in its own publicity.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that BittenByDesign.com holds no responsibility for any amendments made by any third party, before or after a design is published.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by BittenByDesign.com and validated by the customer’s written response (including via email) of the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and BittenByDesign.com.
If you have any questions about these terms, or would like information about licensing images and/or materials from BittenByDesign.com please feel free to contact us.