If you have not read or you do not agree to our terms and conditions you shall not engage in our services.
1. Design Orders
In ordering the services of Heather James (Heather James Brand Designer) you agree to be legally bound by these Terms and Conditions. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the Heather James service. Heather James is a design freelancer as well as an Internet entity of which clients can view and order artwork to be produced for their company in a way that is easier for the designer and the client from the comfort of their own home or workplace. Heather James graphic designer communicate with clients through email or phone. Heather James does not visit clients or meet with clients in person unless the order for a client meeting has been processed as part of a paid project. All project scoping meetings will be billed accordingly by the hour ($167AUD per hour).
To be able to qualify for the use of services of Heather James the client must be 18 years and over, agree to these terms and conditions, and complete the ordering process and sign a contract, if applicable.
3. Fees Charged
Heather James requires full payment to begin design work for some projects, unless payment options are provided, all payments are covered by a money back guarantee with the condition that it is refundable only if our designer has not produced professional artwork or provided a professional design service.
The money back guarantee does not apply to change of mind, change the initial brief or where the client is not following our professional recommendations as professional designer.
All prices of the packages are displayed in (AUD) Australian Dollars and include design only, no printing, font or stock image/audio expenses included, they will always be additional. After a project is finalised, the project is closed, and additional fees apply for modifying artwork.
If a client requests a refund for a project they ordered and paid for but have not allowed us to commence the project due to circumstances from their part; the client would be able to commence their project or alternatively transfer amount paid to other services within 30 days from receiving payment by letting us know via email.
If the above applies or the project has not commenced because the client has the project on hold, depending on how much time has passed, additional charges may apply to commence due to our change of pricing. Our pricing goes up with time and we will need to calculate our rate based on the rate at the time. If the pricing goes down, a discount will not apply.
For invoiced orders, cancellations may apply if order is not paid for within 14 days. An unpaid order may be rejected, if an order is made a second time at any time by the same company.
A partial refund will apply depending on the situation, the stage that the design project is at, the information provided. Such as if we find that the designer did
not follow the creative brief or instructions. If the client has not provided enough information or not the right information or is changing the initially provided information, a refund will not apply.
An administration fee and/or service fees will apply to a minimum of $167 (AUD). The amount of the partial refund will depend on the amount of work that has been completed. The client agrees to cooperate with Heather James and make every effort to communicate successfully with our team and provide all the information required to design their artwork, if the client does not cooperate, hence not letting us do our work, a refund will not apply.
Partial refund if requested and applicable applies to Australian clients only. Full satisfaction guarantee is International.
If the client does not like the concepts but is not following our professional recommendations a refund will not apply.
4. Creative Brief and Communication
(Applicable to all design services) It is the client’s responsibility to send any creative briefs to Heather James (text and images to be included and provide detailed descriptions). Heather James may decide with own discretion to reject a creative brief if the project deposit has not been paid or if the instalments aren’t paid as requested a project may be terminated, if this applies to your project, we will let you know. It is required that a Heather James creative brief be submitted for a project to commence, a deposit payment is also required as mentioned on (3) Fees Charged, the Heather James creative brief is the service order.
The creative brief is the order form, the client must complete our creative brief to engage in our services. Upon ordering our services, there is a contact person nominated to communicate with Heather James throughout the process. It is recommended that the contact person is not changed after the process has commenced. If the client’s contact person is changed it is the client’s responsibility to introduce the new contact person into the project including design processes, service ordered and where the project is at.
The contact person shall cooperate and work jointly with Heather James so that Heather is able to design and provide an effective service. We do not tolerate abusive phone calls, emails and uncooperative persons. If the person is non cooperative, abusive, arrogant, defaming our company or services or is not considering our advice and it is made impossible for our team to assist them with our services or complete the project for the client. Heather James can terminate the project without refund or agree depending on the situation on a partial refund for the services not already provided and terminate the project and have no further contact with the person/client. Heather James makes every effort to communicate efficiently and to provide clear to understand information, if the client/contact person still does not understand Heather James shall not be held responsible.
It is best that the client provides all the information required for the design of the project at the commencement of the project, not after the project has been commenced or if it is half way through. In certain occasions we may accept a change of requests mainly for the logo design projects, but it depends on the situation, the project type and the stage that the project is in.
5. Revisions and Response Policy
(Applicable to all projects) In certain cases where the project does not include unlimited revisions – such as other than logo design services. If a client has used all revisions available, the client may be charged for extra revisions starting from $65.00 AUD per revision or if our team finds that the design is advancing towards completion our team may grant the client further revisions
free of charge. Heather James reserves the right to deny the production of artwork on receiving feedback indicating that the client wants their logo similar to another existing logo, if the client insists Heather James will provide information regarding copyrights and the client shall be responsible thereafter.
Revisions consist of a number of times in which the artwork is sent to the client to review. Client agrees to provide timely responses to Heather James after receiving status notifications from Heather James. It is the client’s responsibility to maintain in contact with Heather James during the design process.
Client shall have a maximum of 30 days (including weekends) to respond to each set of samples sent to them for review. If after 30 days client fails to respond Heather James will assume the production/project complete; Heather James will close the project. At such time Heather James shall have no further obligation to the client.
Heather James shall not be held responsible for the condition of the artwork in the event of such circumstance. If client responds after 30 days, a fee of a minimum of $250 (AUD) for a design and other printable artwork applies to have the project reopened other fees may apply depending on how much time has passed, considering the time that has passed and the any higher cost rates that may be applicable.
Unlimited logo design revisions are conditional and apply only to clients that are advancing well throughout their design projects, accept our advice and recommendations, have clear business goals and sense of direction and do not change the information provided on the Heather James creative brief form during the design process, therefore contradicting their own requests. Unlimited revisions apply only if the client’s choices are narrowed down per revision therefore advancing to achieving an end result with one concept.
6. Heather James Offers/Specials
When Heather James has promotional discounts available; clients must follow the correct instructions and if applicable enter the code if requested and how it is requested. Heather James will not provide any refunds to accommodate for discounts where they have not been applied due to customer error, Heather James will not be held responsible for form errors. If applicable; Heather James will only accept orders with discounts where the code has been entered and/or correct instructions have been followed. Heather James can in its own right begin and end special offers at any time.
7. Design Outcome, Disclaimer
Although Heather James makes every effort possible to provide clients with effective design services Heather James may not be held responsible in any way for the loss of profit of a company. Heather James is not responsible for the project once it has been finalised and released. Where clients provide their own ideas and are not open to our designer’s suggestions and recommendations, Heather James will not be responsible for the end result of the design.
8. Production/Turnaround Time
Although Heather James aims at providing revisions at the due date or at an earlier time if possible. Heather James specifies the time that it will take to finish the artwork in each of the packages included, if by any circumstance the process takes longer, in such circumstance client will be notified of the delay and will be given an approximated date in which the artwork will be finished. This can happen if Heather James receives a large amount of orders. Heather James gives initial design turnaround times for each package of any design; the full project time depends on the client’s response to revisions. Turnaround time
is calculated from the day that Heather James sends the design confirmation to client after having received creative brief, full payment and any additional information or images.
9. Artwork Copyright
The copyright of all finalised artwork produced for our clients belongs to our client, Heather James does not maintain copyrights for the artwork, except of having designed the artwork and being able to show the artwork on our website portfolio and other trusted portfolio websites such as Behance website and social media websites such as Facebook, Instagram, Twitter etc.
Any material that is not finalised/provided as a final product to the client belongs to Heather James, like unused concepts.
Heather James shall not be held responsible for artwork produced for a company that may not be registered and that there may be a legal issue due to the business name, therefore after the artwork has been produced Heather James shall not have any other commitments towards the business/client.
10. Heather James Packages
Our online packages include logo design packages and identity packages and are an example of the inclusions that apply to our brand design services. Client must request a quote and then decide if they will accept the quote.
Please note with any of our services/packages offered if it does not mention a service, addition or item it is not included.
Clients must provide the correct information so that we can provide the most accurate pricing possible.
11. Heather James Packages Discounts
If our pricing is displayed on our website – Our packages discounts apply to the packages only, where the * appears next to the savings amount it means that conditions apply, discounts do not apply for custom quotes or any other services, no more discounts apply. The discounts will not apply to any other services or packages where the discount is not mentioned.
12. Logo Trademarks
Heather James makes every effort possible to ensure that a client’s logo or website is unique when compared to our client’s competitor’s logo or website. Heather James cannot guarantee that a logo that we design will be absolutely unique (e.g. in the World) Heather James guarantees that it will try to design a unique logo compared to the client’s company industry (e.g. if a mechanic, automotive industry in Australia) not to all general logos. If a logo is similar to another logo in the industry it would be purely coincidental, our company designer plans and designs unique logos from the beginning to the end. Heather James will offer a Trademark Search Service for a small additional fee which you have no obligation to accept, but is highly recommended. Some Brand Identity Packages may include a Trademark Search, please refer to the Packages and choose the package according to your needs.
Client information is used for design and communication purposes only and it is only provided to third parties for the purpose of providing you with our services. We collect information from you when you place an order to be able to provide you with our services and only share some information to be able to send you our newsletters, process payments etc. Heather James team members do not
see your credit card or payment information. We take care with whom we share your details and only share the necessary information only with trustworthy sources.
When ordering on our website, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number and other details appropriate for our use. Any information we collect from you may be used to create a transaction, a purchase order, payment invoice or a quotation. If applicable we may send you periodic emails with information or offers that we may have, you will be able to unsubscribe freely at your discretion if you do not want to receive any emails with information or offers after you have received the first email, if applicable.
14. Heather James Website
Heather James is in its own right to change, edit or add to these terms and conditions in its own discretion at any time. a) Portfolio, Client’s artwork is used as samples in our portfolio, Heather James has the right to display artwork created on the website, visual and any print advertising.
The Heather James website, all written content and graphic images, including client artwork displayed on the website are copyright of Heather James, although Heather James maintains copyrights to having designed the artwork only; full copyright belongs to the client. All content and graphic images shall not be copied in any manner, this is strictly prohibited. Any company that does not respect these terms will be in serious violation of global copyright laws. Heather James takes copyright laws very seriously and constantly makes checks. If Heather James finds copied content from our website, Heather James acts with urgency.
Heather James will not be held responsible for server problems and breakdowns but will endeavour to fix any problems with suppliers as soon as possible. Heather James web site rights. Heather James shall not be held responsible for delays on the web site or any other problems which the client may experience with the web site at any time, although Heather James and its owners want to provide the best experience possible for visitors to our website, therefore we will try to fix any problems and/or barriers there may be. Heather James reserves the right to remove part or all of the web site and/or its content at any time, which may be to edit and/or upgrade and transform all or part of the web site.
15. Website Design Services
Heather James only provides website services using SquareSpace templated website platform. As a SquareSpace Circle Member, Heather has access to developer content, professional support, longer website trial periods and other benefits. Heather James will provide updates to websites, maintenance or the setup of new SquareSpace websites. Heather James does not support or work with any other website platforms such as WordPress. Heather James may provide web services to other platforms for clients at her discretion. Heather James may cease providing website services at any time at her discretion.
16. Limitation of Liability
In respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s) less any costs for work already performed and supplied. Heather James shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. Upon approval the client takes full responsibility for the result of the artwork.
17. Modifications to This Page
Heather James reserves the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site and our services constitutes agreement to any revision of the terms and conditions of this Agreement.
18. Governing Law
This Agreement shall be governed in all respects by the laws of Victoria, Australia.
Updated 27 March 2019 by Heather James ABN 24 115 597 397 | W www.heatherjames.com.au | E firstname.lastname@example.org | M 0416 298 942