Terms & Conditions

Below are Strawberry Elephant’s (Strawberry Elephant, we, us, the designer) standard Terms and Conditions. It is vital that you (The User, The Client) please take time to read through thoroughly and ensure you fully understand these Terms and Conditions and their implications before you commence any project with Strawberry Elephant. Please also note that from time to time Strawberry Elephant may need to alter these Terms and Conditions without notice. Please contact us if you do not understand any of the Terms and Conditions in this document.

As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent.

Commencement Of Work

These Terms and Conditions govern your access and use of the Strawberry Elephant website. By accessing or using the Strawberry Elephant website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Strawberry Elephant website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.

Agreement to work with, and submission of a design brief and payment of deposit to Strawberry Elephant constitutes agreement to these Terms and Conditions.

Payment

The Client agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. Strawberry Elephant endeavours to provide graphic, web design and printing services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.

If the work time exceeds 4 calendar weeks in duration, The Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

All printing accounts must be settled in full prior to the release of the files to the printer.

Login information to access The Client’s website designed by Strawberry Elephant will not be supplied to The Client until full payment has been received.

Accounts that are not paid within 7 days will incur a late administration fee of $20. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

Design Samples

The Client agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for The Client by Strawberry Elephant during the course of this project (quantity to be specified by us). The Client also agrees to allow a small credit with a link to the front page at strawberryelephant.com.au on the footer of any/all website pages designed by Strawberry Elephant. Removal of this credit constitutes a breach of these Terms and Conditions.

The Client also agrees to allow Strawberry Elephant to showcase any/all work created in the course of a project as part of Strawberry Elephant’s portfolio. Strawberry Elephant acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched.

Force Majeure

Strawberry Elephant shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Strawberry Elephant. Including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Fees For Service

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.

Excess Work

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of The Client.

From time to time The Client will require extra design requirements during a project, or extra files upon completion of a project. The Client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If The Client wishes these alterations to be made they must agree in writing via email, and a fee of $60 per hour will be payable.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of The Client by Strawberry Elephant may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if The Client terminates the contract.

Liability & Litigation

It is agreed that all work and materials provided for The Client by Strawberry Elephant 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 including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that Strawberry Elephant indemnify and hold The Client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of The Client or its employees, and it is agreed that we shall notify The Client in writing of full details of any such claim.

Under no circumstances shall Strawberry Elephant 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 Strawberry Elephant 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.

Approval Of Final Artwork

While Strawberry Elephant takes all care to avoid errors, Strawberry Elephant accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is required to proof read and approve all final copy before the production of artwork. The email verification of The Client’s 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 to oversights by The Client’s proof reading.

Print Returns & Refunds

It is agreed that Strawberry Elephant 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. Strawberry Elephant will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of The Client to notify Strawberry Elephant 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 Strawberry Elephant within 3 days of product acceptance, and must return the product (at the cost of The Client) within 10 days of acceptance for assessment.

As with all print projects, payment for re-printing projects MUST be prepaid.

Print – Colour Variations

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 systems. There will be no reprints at the expense of Strawberry Elephant.

Copyright

Strawberry Elephant retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to The Client. Unused concepts remain the property of Strawberry Elephant. Strawberry Elephant may still use paid-for concepts in its promotional materials and in its design portfolio.

This granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the work outlined. Until final payment, Strawberry Elephant retains ownership of all artwork and website architecture. Strawberry Elephant reserves the right to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.

Strawberry Elephant reserves 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 Strawberry Elephant 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. Upon payment of all invoices, reproduction rights for all approved final designs created by Strawberry Elephant shall be outlined in the Project Proposal. For additional usage, price(s) will be assessed as needed.

In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Strawberry Elephant until such time an agreement is in place. As part of Strawberry Elephant’s Terms of Business, the copyright license is automatically released to The Client on receipt of final payment for the commissioned work. Strawberry Elephant 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 Strawberry Elephant in print or digital media portfolios, social media and blogs, except where The Client has specifically requested in writing otherwise.

Goodwill

This proposal assumes goodwill from both Strawberry Elephant and The Client regarding; What can reasonably be achieved in a given time frame and making best use of resources to achieve the most effective outcomes.

Resending & Uploading Files

If a client loses or accidentally deletes the files delivered by Strawberry Elephant at the completion of the project, Strawberry Elephant can re-upload to Drop Box, for a fee of $25 per request.

Artwork On DVD Or USB

If any client’s artwork is required on CD/DVD, an administration fee of approximately $25 plus courier/postage will be payable.

Website Design Credit

The Client agrees to allow Strawberry Elephant to place a small credit on The Client’s website. This will be in the form of a small logo or hyperlinked line of text placed towards the bottom of the website.

International Work

International work is welcomed by Strawberry Elephant. We use contemporary communication methods such as Skype, Drop Box, email and chat, along with the more traditional devices such as telephone.

Termination Policy

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of The Client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Strawberry Elephant. This is to cover design time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Strawberry Elephant and The Client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $60 per hour.

If a project is cancelled by Strawberry Elephant, due to unforeseen circumstances, the deposit will be refunded in full to The Client in a timely manner.

In the event of cancellation of the project by The Client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Strawberry Elephant.

Website Design Post- Completion Alterations

Once web design is complete, Strawberry Elephant will provide The Client with the opportunity to review the resulting work. Strawberry Elephant will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Strawberry Elephant via email. Strawberry Elephant will consider that The Client has accepted the original draft, if no notification of changes is received in writing from The Client within 14 days of the start of the review period. An hourly fee after this time for amendments is payable of $60.

Confidentiality

It is agreed that employees of Strawberry Elephant shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, 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.

Late Payments & Default

Accounts that are not paid within 7 days will incur a late administration fee of $20. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or The Client has stated expressly that they do not intend to pay an invoice from Strawberry Elephant, unless prior arrangements have been made. Strawberry Elephant shall at its sole discretion suspend any and all services provided to The Client by Strawberry Elephant or its subsidiaries (including but not limited to hosting, website design files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve The Client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until The Client has paid their invoice(s) in full.

The Client whose account is in default agrees to pay Strawberry Elephant reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Strawberry Elephant retains all copyright for work performed until full project costs have been paid. Strawberry Elephant reserves the right to reuse or resell work undertaken in the case of payment default.

Strawberry Elephant accepts no liability or responsibility for loss of income or damage to The Client for work removed from third party servers, as a result of non-payment and The Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

Amendments To These Terms And Conditions

All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing by The Client and signed by an authorised representative of Strawberry Elephant prior to the commencement of work outlined in this submission.