Terms + Conditions
These terms and conditions apply to all dealings between the client and Studio Neubau. They have been set out to protect both the client and Studio Neubau during their working relationship. Please note that from time to time Studio Neubau may need to alter these terms and conditions without notice.
By agreeing to work with/accepting a quote from Studio Neubau, the client is forming a legally binding contract for services and agrees to the following terms and conditions. These conditions should be read in conjunction with the correspondence comprising the quote or invoice emailed to you by Studio Neubau. The client must read and agree to these terms and conditions for any work to commence. Please do not accept the quote if you do not agree to these terms and conditions.
DEPOSIT + PAYMENT
1. The client agrees to pay a non-refundable 50% deposit of the quoted price prior to commencing any project. The final balance of the quoted amount is due prior to the delivery of the finished artwork or website going live. No artwork will be delivered until the full payment has been made.
2. The client agrees to pay a non-refundable 100% deposit of the quoted price prior to commencing any project that needs to be completed and delivered within 48 hours.
3. Projects spanning more than one month will be invoiced fortnightly for work done/project hours spent to date.
4. Invoice payment is due 1 week (5 business days) from the issue date.
5. Payment can be made by Direct Deposit.
6. Studio Neubau reserves the right to discontinue work on a project if an amount payable is overdue.
7. The artwork, website, and graphics remain the property of Studio Neubau until all outstanding accounts are paid in full.
1. All prices are in Australian Dollars ($AUD) and excluding GST.
2. Prices are subject to change without notice.
1. Quotes are valid for 14 days. Any quote not accepted within this time is subject to a re-quote.
2. Quotes do not include printing or delivery costs. Couriers, proofs, in-house printing, meetings, travel, courier, postage or other miscellaneous costs are not included in the quotation, unless specified.
3. Additional concepts, alterations or work not specified in the original scope of work will be re-quoted, or charged at an hourly rate.
4. Studio Neubau is not responsible for increases in the cost of materials by third party services (e.g. printers, sign writers, web developers).
1. Studio Neubau provides a web link for acceptance of the above Terms and Conditions that is included in all quotations. The client should state acceptance by clicking the ‘accept quote’ web link, or by approving the quote in writing via email prior to commencement of all work.
COPYRIGHT + OWNERSHIP
1. The client will have the reproduction rights after the project has been paid in full and delivered to the client.
2. Studio Neubau retains personal rights to use completed projects and concept artwork, and reserves the right to use the artwork, at any stage of the design process, for marketing purposes.
3. Studio Neubau reserves the right to use elements of the design in other projects. This includes elements that are not exclusive to the design such as fonts, stock images, or aspects of illustrations.
4. Any concepts, designs or ideas not chosen by the client remain the property of Studio Neubau and may be offered to other clients.
5. Studio Neubau reserves the right to display a small text link (12pt) to their own website, on the bottom of the client’s website.
SUBMISSION OF ART, DATA + CONTENT BY THE CLIENT
1. The client is responsible for the submission of accurate artwork, data or content. Studio Neubau takes no responsibility for errors in the submitted artwork, data or content.
1. It is expected that all text supplied by the client has been checked for typographical and grammatical errors, and has been approved by all parties that will have a final say in the sign-off of any items produced.
2. The client must own the copyright to any supplied images or photographs.
3. Studio Neubau will not be held liable for any accusations regarding the unauthorised use of an image, artwork or photograph supplied by the client.
4. The client is responsible for supplying art at a reasonable resolution for reproduction in artwork.
5. Studio Neubau is not responsible for the reproduction quality of supplied images, or image pixelation or colour misrepresentation should the client insist upon using images of a low quality.
6. Studio Neubau reserves the right to charge the standard hourly rate for any necessary action including, but not limited to, photography searches and purchase of stock images, media conversion, image editing, data entry, changes to graphics or copy writing .
CANCELLATIONS + INCOMPLETE PROJECTS
1. In the event of a cancellation, ownership of original artwork and all copyrights will remain with Studio Neubau. The initial 50% deposit is non-refundable and will act as a cancellation fee.
2. If more project hours have been spent than are covered by the 50% deposit, a final invoice comprising the difference will be issued as ‘work to date’.
TURNAROUND + COMMUNICATION
1. Turnaround times vary depending on the project. Studio Neubau will aim to meet all deadlines; however, will not be held liable for any cost or loss due to late artwork, data or content submissions or printing deliveries.
2. All communication concerning instructions, changes and approvals should be made via email.
3. Throughout the design process it is important that communication is constant to ensure the completion of tasks at a reasonable pace. The client agrees to provide timely responses to Studio Neubau after receiving status notifications, work for review or requests for information.
4. Failure to communicate in a timely manner (within 2 business days) may result in a project being put on hold until the next available opening.
5. Studio Neubau reserves the right to apply rush surcharge (50% of the standard hourly rate) for any work required after hours (between 6pm and 8am on UTC+10:00 on weekdays and all day on weekends) due to late supply of artwork and content by the client or moved deadlines. Studio Neubau will inform the client prior to applying this surcharge.
CLIENT BRIEF AND SCOPE OF WORK
1. The brief determines the creative and strategic direction of the project (scope of work) and includes all aspects of the project . The brief will be agreed upon between Studio Neubau and the client prior to the commencement of a project and form the basis for the initial project quote.
2. The client agrees that additional information, changes or additions that are requested after the submission of the brief and commencement of the project may be outside the agreed scope of work, and as such may be liable to additional charges at the standard hourly rate.
3. In some cases, the additions are minor and can be absorbed into the original project costings, but if a client changes the brief significantly (determined by Studio Neubau and at Studio Neubau’s discretion), this will have a significant impact on the project timeline and completion date. Extra charges may be applied in this case. Studio Neubau will inform the client prior to commencing any work requested or required outside the agreed scope of work. These changes, additions and alterations will be billable at the end of the project.
1. The project fee includes two sets of revisions to the project. Any author’s corrections or amendments outside of the quotation or nominated 2 sets of revisions, are charged at the standard hourly rate.
2. Studio Neubau makes every effort to deliver concepts to suit the client’s brief. If the client is not happy with the concepts provided by Studio Neubau, and the amends do not fall within minor ‘revisions’ to the project, the client can pay for further concepts to be developed or choose to not proceed, and pay for ‘work to date’.
ARTWORK APPROVAL, COLOUR VARIATIONS + PRINTING
1. Approval is required for all projects in writing via email prior to work being released.
2. Studio Neubau takes care to avoid any errors throughout the design process. Once the artwork is approved by the client, the decision is final and Studio Neubau takes no responsibility for any mistakes. It is the client’s responsibility to check all information. Please take time and consideration, checking all spelling, grammar, phone numbers, addresses and other important changes. Studio Neubau cannot offer refunds or reprints for mistakes.
3. There may be some colour variations between different computer screens, different printers, and even different print runs. This is due to the nature of CMYK printing as well as varied screen and print settings, and choice of stock (paper). Always request a printed proof from your printer if you are concerned about colours.
COMPLETION DATES + DELIVERY OF PROJECTS
1. Studio Neubau and the client must work together to complete the project in a timely manner. We agree to work efficiently to deliver a project by the agreed date, provided the client has submitted all necessary content and materials. If the client does not provide Studio Neubau with the necessary content and materials within 30 days of an effective agreed date, the entire deposit amount will be retained by Studio Neubau and the contract shall be void.
THIRD PARTY DEALINGS
1. Studio Neubau will not take any responsibility for client dealings with third parties. Third party being, but not limited to, printers, delivery services, sign makers, web hosting services, etc.
2. Studio Neubau may engage the services of third party creative professionals to provide services such as web development, photography, copywriting and illustration. Where such contracting adds to the project cost, the client will first be asked for permission to proceed.
3. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date and in some cases, the third party may have some direct contact with the client for the express purpose of clearer communication and faster delivery of services.
1. It is the client’s responsibility to file and store their files. Studio Neubau will not take responsibility for any missing or damaged files once the project has been completed and delivered to the client.
PRIVACY + CONFIDENTIALITY
1. All correspondence is treated as confidential. Studio Neubau reserves the right to use the designs as part of marketing, portfolio work, and other promotional activities.
2. While Studio Neubau’s general policy is to treat all work as confidential, the client should inform Studio Neubau in writing before the project commences, if any portion or the whole of the project is confidential.
3. No information will be sold or given to third parties.
4. No banking details will be recorded or stored.
1. Studio Neubau uses Squarespace or Adobe Muse for all website design. Studio Neubau takes no responsibility for any errors caused by Squarespace or third party web developers.
2. Studio Neubau endeavours to ensure all websites run error-free; however, we accept no responsibility for losses incurred due to malfunctions within the website or its code.
3. Studio Neubau aims to design websites that display acceptably across popular and current web browsers. We cannot accept responsibility for pages, which may not appear correctly in newer versions of browsers released after the site has gone live.
DOMAIN REGISTRATION, DOMAIN HOSTING, DOMAIN RENEWAL + BACK-UP
1. It is the client’s responsibility to register and maintain their domain name.
2. It is the client’s responsibility to register and maintain hosting services.
3. Whilst Studio Neubau can recommend hosting companies for a client’s website, no guarantee can be made as to the availability or interruption of this service. Studio Neubau cannot take any responsibility for losses caused by the unavailability, malfunction or interruption of this service, or for the loss turnover, sales, revenue, profits, or indirect, consequential loss.
4. In the case the client is given the login details to the administration dashboard of the website, the client is then responsible for any malfunctions that may occur due to misconfiguration of the website. If there is a need to fix errors caused by this misconfiguration of the website, the client will be charged at an hourly rate.
5. It is the client’s responsibility to maintain necessary back-ups, and to file and store their files.
TERMINATION OF SERVICE
1. Studio Neubau reserves the right to terminate its services at any time for any reason by providing written notice to The Client. In the event that Studio Neubau cancels its service, Studio Neubau will provide any artwork completed and paid for to date.
2. If there is any amount overdue for more than a 5 day period, Studio Neubau reserves the right to close the account and suspend all services until the full amount has been paid.
3. Studio Neubau reserves the right to refuse to handle in any form or manner, material that may be deemed offensive, illegal, or controversial, and to terminate services should the situation arise.
1. Printed Material - Studio Neubau hereby excludes itself from all and any liability involving:
• Loss or damage incurred by inaccuracy.
• Loss or damage incurred by delay or error.
• Loss or damaged incurred by third party dealings.
2. Websites and Online Material - Studio Neubau hereby excludes itself from all and any liability involving:
• Loss or damage incurred by inaccuracy.
• Loss or damage incurred by delay or error.
• Loss or damage incurred by third party dealings.
• Loss or damage to clients’ artwork or photos contained within the website.
• Loss or damage caused by any decision, refusal or positioning results made by search engine services or Internet directory services.
• Loss or damage due to the downtime of any servers.
Graphic design, strategy, conceptual work and marketing are all highly creative and as such, can also be highly subjective art forms. Studio Neubau takes every possible care with professional advice offered and any suggested creative concepts and their execution, however, Studio Neubau cannot be held responsible for variations between client expectations and outcome.