Terms & Conditions
1. ‘Emma Sparks Creative’ is Emma Sparks trading as Emma Sparks Creative.
2. ‘The Client’ is the party making a booking for design related services from Emma Sparks Creative.
3. ‘An Order’ is the request for services from Emma Sparks Creative.
4. ‘The project’ is a term used to describe service from Emma Sparks Creative.
The terms and conditions apply to all dealings between The Client and Emma Sparks Creative. By placing an order with Emma Sparks Creative, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
• All quotes are valid for 7 days only.
• All prices are excluding GST unless otherwise stated.
• All prices are in Australian Dollars.
• Any additional work outside the terms of the quote will be charged at an hourly rate of $60 per/hour.
• Emma Sparks Creative is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control.
• A 40% non-refundable booking deposit is required before starting any design project.
• All overseas clients are required to pay 100% upfront regardless of the project price.
• Payments are to be made either by bank deposit transfer or PayPal.
• Paypal is also a payment option however there is a 3% fee for this.
• All invoice terms are 7 days from the date of the invoice.
• Accounts which are not paid on time will incur a late administration fee of $50 + GST.
• Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.
• Final artwork files will not be handed over until the invoice has been paid in full.
• All printing invoices must be paid prior to sending the artwork to print.
• All work not completed within a 2 month period will be invoiced regardless.
• Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘Work to date’.
• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors).
• The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Company, any deposit paid prior to cancellation will be non-refundable.
• Emma Sparks Creative may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Emma Sparks Creative cancels this Agreement, Emma Sparks Creative will provide any artwork completed and paid for to date.
• Emma Sparks Creative cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.
•The Client acknowledges that Emma Sparks Creative cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Emma Sparks Creative.
• Emma Sparks Creative is an online business therefore the majority of our communication is made via email, this helps us keep track of specific design requirements & any changes required.
• If you would like to chat on the phone or via skype we are happy to do so, however we ask that you please email us and make an appointment for a time to chat.
• The Client assumes full copyright and reproduction rights upon full payment of a completed project.
• Emma Sparks Creative retains personal rights to use completed projects and concept artwork for the purpose of marketing Emma Sparks Creative.
• All images displayed on the Emma Sparks Creative website or facebook page are subject to copyright, and must not be copied or used without full permission from Emma Sparks Creative and the Client. Any breach of copyright will result in legal action being taken as necessary.
• The Client allows Emma Sparks Creative to display any projects on the Emma Sparks Creative website/ facebook page/instagram page and portfolio for self promotion purposes.
• The Client agrees to allow Emma Sparks Creative to credit design work on all websites designed by Emma Sparks Creative.
• Emma Sparks Creative will make every effort to meet deadlines. All quoted turnaround times are approximate. Emma Sparks Creative will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
• Approval is required for all projects, via email prior to work being released.
• Whilst all care is taken by Emma Sparks Creative, Emma Sparks Creative is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Emma Sparks Creative, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
• Some designs may contain stock images that are available for purchase.
• Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Emma Sparks Creative is not responsible for colour variations in conversion from RGB to process CMYK.
• Emma Sparks Creative is not responsible for the reproduction quality of supplied images.
COLOUR MATCHING & PRINTING
• Whilst all care is taken, Emma Sparks Creative does not take responsibility for Client supplied artwork that does not print properly.
• Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.
• Trimming can vary from printer to printer.