Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Erica Miller Design and in the event of any dispute are governed by the laws of Australia.
All work is carried out by Erica Miller Design on the understanding that the client has agreed to our Terms and Conditions.
Copyright is retained by Erica Miller Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Erica Miller Design, unless specifically agreed in writing.
1. Commencement of Work
At the time of proposal, Erica Miller Design will provide the client with a quote.
Alternatively, the client may purchase online via the website which binds the client to accept Erica Miller Design’s Terms and Conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the Erica Miller Design Terms & Conditions are what govern the job.
2. Payment & Fees for Service
All prices are in Australian currency (AUD) unless referenced as the foreign currency price charged.
The Client agrees to pay the invoiced amount in full on receipt of an invoice. It is agreed that the fee for service shall be the cost estimates provided. The total project cost will be invoiced at the commencement of the project.
In the case of change of mind by The Client 50% is non refundable. Erica Miller Design endeavours to provide graphic design services that meet and exceed a client’s needs and expectations, however in the event of ‘change of mind’ by The Client 50% is forfeited and acts as a cancelation fee, plus a prorate fee based on the time spent. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
The final design belongs to Erica Miller Design until paid in full. In the event of termination of this agreement Erica Miller Design owns the all design concepts created before the final design. The Client understands that once the payment is paid in full, the Client has the right to use the design in all media useful for business promotion and that Erica Miller Design reserves the right to use the artwork in all business promotional use.
All prices quoted on the Erica Miller Design web site and advertising material include GST.
3. Excess Work & Author’s Corrections
Excess work is defined as any work involving additions to the list of items and/ or any work undertaken that exceeds the work outlined in the quote.
Author’s Corrections are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client.
Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. In order to avoid errors, any changes and or
Further revisions will incur costs at Erica Miller Design’s current hourly rate - $110 (inc. GST). Additional design collateral will be charged in 15 minute increments at the current agreed hourly rate - $110 (inc. GST).
Erica Miller Design 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 and Author’s Corrections.
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 20% of Erica Miller Design’s ordinary hourly fee of - $110 inc.GST.
4. Termination Policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation.
It is agreed that a project may be cancelled by The Client by written notification after the project has commenced 50% of the invoice will serve as a cancellation fee, along with a pro-rata payment based upon the time spent if it exceeds 50% of the quoted work at the hourly rate of $110 inc. GST. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
Erica Miller Design retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation.
Should The Client breach this agreement Erica Miller Design also reserves the right to cancel the agreement by written notification.
Erica Miller Design does not issue refunds for any reason due to the custom nature of the work.
It is agreed that all work and materials provided for The Client by Erica Miller Design will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. Erica Miller Design will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.
Under no circumstances shall Erica Miller Design be liable to The Client for an indirect or consequential loss suffered by The Client relying on the information included in the Supplies prepared by Erica Miller Design including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
If The Client loses or accidentally deletes the files delivered by Erica Miller Design at the completion of the project, Erica Miller Design can re-send files for a fee of $50 inc. GST per request.
The Client agrees that Erica Miller Design cannot guarantee that end product functions will always be error-free and so we will not be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website or any aspects of it, even if you have advised us of the possibilities of such damages.
Erica Miller Design has no control over the policies of Facebook, Instagram, Twitter, YouTube, LinkedIn and all other social media channels being utilised for campaigns.
Erica Miller Design has no say with respect to the type of content that social media channels accept now or in the future.
You acknowledge that Erica Miller Design makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Erica Miller Design for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
Minimum term of any Social Media and Content Management service is three months. Cancellations of any ongoing Social Media Services must be made in writing. If Erica Miller Design does not receive notification that the campaign should be stopped after the three month period in writing, you agree that Erica Miller Design will continue working and payments will continue to be made on a monthly basis.
Erica Miller Design reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters.
Where applicable, Erica Miller Design will refund your money for any services not yet rendered.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’.
Unless otherwise stated in the quote it is agreed that Erica Miller Design will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote. Only finished art files suitable for reproduction will be supplied to The Client.
Erica Miller Design reserves 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 Erica Miller Design in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
The raw/working/source files remain the property of Erica Miller 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 Erica Miller Design and includes design proposals and concepts submitted but not approved for the work outlined.
Erica Miller 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.
Other than for the promotional use of Erica Miller Design 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.
The Client understands that it is the client’s responsibility to copyright, trade secret, patent or trade mark rights of the design/logo.
Erica Miller Design will not under any circumstances divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.
9. Final Artwork and Approval
Erica Miller Design takes all care to avoid errors, and that no information is misinterpreted. However, The Client takes all responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is responsible for proof reading and approving all final copy before the production of artwork. The email verification of The Client or Clients 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.
Upon final payment Erica Miller Design will provide all print-ready / web-ready files in The Clients prefer format.
All print projects and re-printed projects must be paid in full prior to production.
It is agreed that Erica Miller 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.
Erica Miller Design will not be held responsible for and changes or amendments made after approval. It is the sole responsibility of the client to notify Erica Miller 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 Erica Miller 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.
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 Erica Miller Design.
12. 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 Flux Visual Communication, and the document re-submitted to The Client for signed approval.