Please take time to read through the alnmakes Terms of Service thoroughly and ensure you understand them before you commence a project with me. By requesting designs and/or services from alnmakes you agree to my Terms and Conditions and you are aware that you are entering a binding contract – payment is required.

The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of alnmakes, its contractors, subcontractors and employees (alnmakes) unless otherwise agreed to in writing by both parties.

General Conditions of Contracts

  1. These Terms and Conditions cover all Contracts entered into by a Client with alnmakes for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
  2. These Terms and Conditions are subject to change without notification by alnmakes.
  3. These Terms and Conditions apply to alnmakes and all of its contractors and subsidiaries.

Communication

  1. The designer can be reached by telephone and email from Monday to Friday between 9am and 5pm GMT+10:00. Skype chats can be arranged at the Skype username: alnmakes.

Original Visual Brief, Variations and Guarantee

  1. alnmakes and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A brief will be constructed through the collection of information regarding your project. The client is to provide all assets including text, imagery and desired inspiration prior to work commencing. This will assist in the evaluation and formulation of the Client’s business design requirements. The client must avoid relying on providing further information once the brief has been established, as this will generally result in additional billable work which is outside of the contract.
  2. If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (12); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.
  3. I offer a set number of revisions to artwork under the original Visual Brief. The number of revisions will be quoted on depending on your requirements.
    • alnmakes will charge for additional revisions of artwork if alnmakes deems that the Client’s requests for revision do not conform to the original brief. Minor changes will be accepted.
  4. Any additional work, revisions or variations outside of the original brief will be charged at the rate of $85.00 AUD per hour, billed in 15 minute increments (unless another amount is agreed upon). All prices exclude GST. Additional expenses will be charged accordingly.

Quotations

  1. Quotations are generated by alnmakes on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work outside of the original brief is required.
    • All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

Payment

  1. For all work which is undertaken outside of a contract, alnmakes operates at an hourly rate of $85.00 AUD per hour, billed in 15 minute increments (unless another amount is agreed upon). All prices exclude GST.
  2. Tasks pertaining to your projects which are not specifically design-related, such as copywriting, phone calls, emails, travel time, meetings, Skype calls, and anything else which is performed solely for you and your business, are all billable.
  3. alnmakes reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by alnmakes, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to alnmakes, the Client is accepting the Terms and Conditions and entering a contract with alnmakes.
  4. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from alnmakes.
  5. alnmakes will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. alnmakes reserves the right to not proceed with these services until payment has been received in full from the Client.
  6. alnmakes reserves the right to invoice prior to the time detailed in clause (12) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy
  7. alnmakes reserves the right to invoice for work completed if the project exceeds 60 days.
  8. The Client reserves the right to request a payment plan which may be accepted by alnmakes at its discretion. All payment plans must be agreed to both parties in writing.
  9. All payments are to be made within 15 days of invoicing.

Delayed payment

  1. alnmakes is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
  2. alnmakes reserves the right to delete web sites with accounts more than 90 days outstanding payment.
  3. If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by the designer.

Cancellation and Variation Policy

  1. alnmakes reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).
  2. If the Client requests the cancellation of a Contract, alnmakes will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
    • If the determined monies payable is less than the deposit paid, a refund will be issued by alnmakes to the Client for the difference.
  3. alnmakes will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. alnmakes will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by alnmakes to recover all monies owed.

Approving Proofs/ Designs/Printing

  1. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. alnmakes is not liable for any artwork which has been approved.
    • The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.
  2. The Client must respond to any proofs or commissioned work that has been submitted for approval in a timely manner, 5 business days being the standard amount of time. If the Client does not adhere to this standard, the Client must be prepared for any projected timelines or deadlines to be affected.

Submission of Client artwork

  1. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however alnmakes is not responsible for Artwork mistakes. alnmakes is also not liable for supplied file errors. There will be no reprints at our expense.
  2. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
  3. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. alnmakes and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.

Copyright

  1. First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
  2. Then, when your final payment has cleared, copyright will be automatically assigned as follows:
    • You will own the finished files only. I do not hand out working files.
  3. alnmakes loves to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Printing

  1. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days dependant on the product type. This period commences at date of Client approval of Artwork proof and payment.
    • All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
  2. With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.

Delivery

  1. alnmakes cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier.

Resending and Uploading Files

  1. If a client loses or accidentally deletes the files delivered by BMD at the completion of the project, alnmakes can re-upload to Drop Box, for a fee of $50 per request. Providing the request from the Client has been made within 2 years from the date of completion. alnmakes is not responsible for keeping any files, and will not be held liable for missing files.

Web Site Design

  1. The Client agrees to allow alnmakes to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.
  2. The Client also agrees to allow alnmakes to place websites and other designs, along with a link to the Client’s site on alnmakes’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.

Web Site Design Post-Completion Alterations

  1. Upon completion of web site build, alnmakes will provide the Client with opportunity to review the resulting work. alnmakes will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’). Please group all feedback into one request email.
  2. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
  3. alnmakes can be notified of any minor requested changes by e-mail. alnmakes will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.

SEO Search Engine Optimisation & Search Engine Listings

  1. alnmakes builds web sites according to the trends of SEO at the time of building. We may help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client.
  2. alnmakes cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.
  3. alnmakes takes no responsibility for duplicate content found on the Clients website or if the website is search engine black listed due to the written content or images of their site.

Technological advancements

  1. The Client is to refer to hosting and domain name providers for queries regarding the following services:  Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting. alnmakes may be able to assist with these queries, however assistance will be billed.
  2. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning and Email Signatures. alnmakes may be able to assist with these queries, however assistance will be billed.
  3. alnmakes does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Emails errors of any kind and Email Signatures
  4. alnmakes holds no responsibility if your email addresses are targeted with spam as it is outside of our control. alnmakes holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.
  5. We build and design websites to the best of our knowledge at the time of completion. alnmakes cannot take responsibility if the Client’s site is “hacked”. alnmakes does not provide software updates or take responsibility if the software used becomes out of date and obsolete. alnmakes does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system. alnmakes may be able to assist with issues pertaining to the above, however this assistance will be billed.

CMS Content Management Systems

  1. CMS Content Management Systems websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to alnmakes are the responsibility of the site owner.
  2. Web sites are built using the latest software available at the time. All website terms and conditions also apply to CMS.
  3. alnmakes does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of alnmakes.
  4. alnmakes does not hold any responsibility for misuse of the CMS or website.
  5. alnmakes does not back up web site content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their web site.

Force Majeure

  1. alnmakes shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of alnmakes 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.

Amendments to these Terms and Conditions

  1. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of alnmakes prior to the commencement of work.

Disclaimer

  1. Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such, alnmakes takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the alnmakes cannot be held responsible for variations between expectation and outcome.

If you have any further questions, please contact me via the contact form or via my email.