In ordering the services by “Heather James” online, in person, verbally or in writing, 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 “heatherjames.com.au” is a freelance/contract Creative Director as well as an Internet entity “heatherjames.com.au” 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” communicates with clients through online communication platforms, online chat, messenger services, social media, WhatsApp, email, landline phone, video conferencing, mobile/smartphone, and in person.

“Heather James” does not visit clients or meet with clients in person unless the order for a client meeting has been processed and paid for as part of an approved and accepted project.

Please visit our BOOKINGS page to schedule a meeting where you will find the up-to-date fees and charges for the booking which you will be required to either pay a 50% deposit for or the full payment to secure the booking.

To be able to qualify for the use of services of “Heather James” the client must be 18 years and over, with an ABN, agree to these terms and conditions, and complete the ordering process and sign a contract, if applicable.

“Heather James” requires full deposit payment to begin design work for some projects unless payment options or staged payments are outlined in the proposal.

All payments are covered by our money-back guarantee with the condition that it is refundable only if our creative professionals have not produced the work agreed to or provided a professional creative service to the standard expected and what is outlined in the agreed proposal.* Terms & Conditions Apply. All attempts will be made to ensure a positive and harmonious resolution to any concerns, disputes, or issues raised with “Heather James”. Your satisfaction in the full delivery of creative services is of paramount importance and we will ensure your services are delivered to the highest standard.

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 creative professionals.

All prices of the packages are displayed in (AUD) Australian Dollars and include creative services and design only, with no printing, licensed fonts, or stock image/video/audio expenses included, they will always be additional and itemised in all quotes, invoices, and proposals.

After a project is finalised, the project is closed, and additional fees apply for modifying artwork.

Limited revisions are provided and listed in the service quote and invoices. Additional revisions can be requested at additional cost which is the hourly rate of $250AUD per hour.

Unlimited revisions are not provided for any project or proposal.

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 on their part; the client would be able to commence their project or transfer the 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 the 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 and will be reviewed on a case-by-case basis, the stage that the creative project is at, and the information provided to that date, for example, if we find that the creative professional did not follow the creative brief or instructions a partial refund may apply or additional work at no additional cost will be conducted to complete the project according to the brief.

If the client has not provided enough information or is not the right information or is changing the initially provided information, no refunds will not apply.

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 the creative services professionals 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 let us do our work, a refund will not apply.

If the client does not like the concepts but is not following our professional recommendations, no refunds will not apply.

Applicable to all creative 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 installments are not paid as invoiced for a project, may be terminated, if this applies to your project, we will let you know. It is required that “Heather James” creative brief(s) be submitted for a project to commence, a deposit payment is also required as mentioned in (3) Fees Charged, the “Heather James” creative brief is the service order.

The creative brief forms part of the project order form which initiates the quote and proposal with costs and expenses outlined. The client must complete our creative brief to engage in our services, where a creative brief is not completed, creative services will not commence.

Upon ordering our creative services, there must be 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. Updated contact information must be provided via email for the new nominated contact person by the client.

The contact person shall cooperate and work jointly with “Heather James” so that services can be provided effectively, efficiently, and on time. 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 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” will make 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 provide all the information required for the creative services of the project at the commencement of the project, not after the project has been commenced or if it is halfway through. On occasion, 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 and may incur additional costs. In the case that a project requires additional work, an administration fee of 270AUD will be added to the project invoice and immediate payment will be required to proceed with the project following the additional services ordered.

Applicable to all projects

“Heather James” reserves the right to deny the production of creative services if the client requests their brand/logo similar to another existing logo or brand. If the client insists “Heather James” will cease all creative services immediately and provide information regarding copyrights, intellectual property law, trademarks/patents, plagiarism and the client shall be responsible thereafter with a different creative services provider. No refund will be provided for the booking of services and inconvenience to the creative services production schedule interrupted by that project.

Revisions consist of several versions, in which the creative is sent to the client to review via a Secure Client Preview Area on “heatherjames.com.au” or via a file sharing service such as Google Drive, Dropbox or YouSendIt. The client agrees to provide timely responses to “Heather James” and the creative services team after receiving status notifications from “Heather James”. It is the client’s responsibility to maintain regular contact with Heather James during the creative process.

The 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, the client fails to respond “Heather James” will assume the production/project complete; “Heather James” will issue any remaining outstanding invoices and 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 creative services in the event of such circumstance. If the client responds after 30 days, a fee of a minimum of 270AUD for a creative services and 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 may be considered on a project-by-project basis and are conditional and will apply only to clients who are advancing consistently well throughout their creative projects. For unlimited revisions to be considered by “Heather James” it will only apply to the clients who accept our advice and recommendations, have clear business goals and sense of direction, and do not change the information provided on the creative brief during the creative process, which therefore contradict their own requests.

Unlimited revisions apply only if the client’s choices are narrowed down per revision, therefore, advancing to achieve a result with a concept, unlimited revisions are not guaranteed and “Heather James” can refuse or reject any or all revisions at any time without further consultation.

Although “Heather James” makes every effort possible to provide clients with effective creative services, “Heather James” may not be held responsible in any way for the loss of profit of a sole trader, business, company, trust or any other individual or entity.

“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 creative production and artwork.

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 services or packages requested and ordered. If by any circumstance, the process takes longer, in such circumstance, the 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 number of orders at once. “Heather James” gives initial creative services turnaround times for each project; the full project time depends on the client’s response reviews and approvals.

Turnaround time is calculated from the day that “Heather James” sends the creative production confirmation to the client after having received a creative brief, full payment, and any additional information or images.

The copyright of all finalised artwork produced for our clients belongs to the client.

“Heather James” does not maintain copyright for the creative artwork or production created for the client, except for having created production and being able to show, advertise, market and promote the creative production on our websites, portfolios and other trusted portfolio websites, such as Behance and social media websites such as; Facebook, Instagram, LinkedIN, Twitter, YouTube, Pinterest, SnapChat, TikTok or any other site to enable further creative services marketing and advertising. This also includes printed media in advertisements, brochures, flyers, posters, signage, window decals, vehicle signage or mobile apps.

Any material that is not finalised/provided as a final product to the client belongs to “Heather James”, like unused concepts. Any materials of this kind may be immediately deleted or destroyed during file management processes.

“Heather James” shall not be held responsible for creatives 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 creative has been produced “Heather James” shall not have any other commitments towards the business/client. The client is responsible for any and all Trademark or Patent applications, registrations, renewals, changes, or legal proceedings associated to the Trademark or Patent in the business or individual name.

“Heather James” provides trademark or patent registration services through a third 3rd party service provider, a service fee of 270AUD will be added to all Trademark and Patent service bookings ordered via “Heather James” which is additional to the third-party service provider processing the Trademark and Patent applications and registrations. “Heather James” does not provide direct legal advice or searches pertaining to Trademarks or Patents.

“Heather James” is not held liable or responsible for any misinformation provided by the third 3rd party service provider.

Packages may be available upon request.