Terms and Conditions.

The Fine Print

1. Quotations For Work

BIRD&BEAST makes every effort to be cost effective and demonstrate value. We aim to estimate as accurately as possible, but extra inclusions or exclusions may occur later based on specific jobs or extra unforeseen requirements. If it is necessary to go beyond the time allocated then we will communicate with you where appropriate and re-quote. Our quotes and estimates are based on the initial concept or draft, then 2 sets of author’s corrections. However, this is ideal and in some cases you, the client may request further changes, has a change of mind or want to see new directions. Additional time is billed hourly will need to be added to the final invoice. There will be times where there are “grey” areas, if the lines of communication are open, we will try and work something out with you. If you acknowledge and accept a quote verbally or in writing via email (preferred), it will be on the condition that you have read these terms and conditions. This acknowledgement is considered permission to commence work or to proceed with amendments. In the instance of some jobs where you ask us to do the job without a quote, an invoice is generated at the end of the job. We keep timesheets and all records of written communication. Quotes and estimates are based on a price + GST.

2. Client’s Instructions and Supply of Content

We prefer instructions to be given in writing, generally via email or meeting with us. Where verbal instructions only are received, all care is taken but ultimately BIRD&BEAST shall not be responsible for errors or omissions due to misinterpretation of those instructions. If we proceed based on an instruction by you, either verbally or in writing, an invoice will be issued at the completion or termination of the job. If you have any existing logos it is preferred that they be supplied in Adobe Illustrator / EPS format, original source files or editable digital formats. Note: If logos are supplied in JPG format or have “pixels” within an EPS, the file will be submitted to a quality control test and may need to be retraced to meet quality reproduction standards and therefore may incur a charge. For all content critical items e.g. websites, brochures, business cards, forms etc, all text must be typed and supplied in a common text editor (such as Word) in digital format and be emailed in a clear and easy to understand format. Otherwise a fee to retype the content will be charged. All care is always taken, but the onus is on you to check anything we type out.All images where necessary must be supplied in digital format i.e. Vector EPS/AI for logos and high resolution large file size JPGs for photos. Otherwise a scanning fee or a stock image search and licence fee may be incurred. It is preferred that all relevant content be provided to BIRD&BEAST before commencement of work.

3. Additional Work

BIRD&BEAST reserves the right to charge for any additional work requested in addition to the original brief. Please keep in mind that during the course of a project, where you are asking for multiple changes or we have to follow up a number of contacts and resources on your behalf, this is all chargable time. However, where possible we will try to notify you of any extra costs.

4. Urgent Work

We may at our discretion, charge an extra fee for work that stops normal workflows and operations to drop everything for your job. Please note urgent work can be prone to error and omissions. The onus will be on you to check all work.

5. Approval

While all care is taken, we are all human and errors can occur. You, the CLIENT is ultimately responsible for final approval of all drafts we send to you. Please don’t approval on anything you haven’t checked! BIRD&BEAST cannot be liable for any final work approved by client and released for production. Approvals should be given in some sort of written communication – email is the easiest. In the case where something has changed after your approval, we will investigate this and resolve this with you. If a phone call is the only method of approval miscommunication or errors can occur as a result of hasty client decisions or us having to rush a job through. No job will go into production without your permission or approval. BIRD&BEAST will not be liable for any errors found once approval has been issued due to a verbal approval. We take all care and your best interest is our concern, but after approval we are not responsible for any content errors that are picked up after production. Works in progress that have stalled beyond 30 days, the job may be closed off and shall be billed at our discretion. An invoice will be generated for works done to date. The job can be opened up again at a later stage. An new invoice will only be relevant to the new work.

6. Payment, Terms, Fees & Charges

Our studio rate is $120+gst per hour unless otherwise agreed or stated. All prices, quotes and invoices are in Australian Dollars.

BIRD&BEAST shall invoice the client for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the client’s requirements. A deposit may be required for new clients, larger jobs, for printing or when requested by us. Payments in full may be requested before artwork or printing is released. We record time in increments of 0.25 hrs (15 minutes). EFT Bank transfers are our preferred method of payment, cheques are to be made payable to BIRD&BEAST. The suspension of the project by the client for any reason, shall entitle BIRD&BEAST to payment in full for the amount of work completed to date. Projects are generally billed hourly, quoted, or other as outlined in an agreement. Once an invoice has been generated, you have the right to question any item contained within, as sometimes errors can occur and we will endeavour to fix them hastily.

6.1 Payment Terms

Upon the receipt of an invoice, payment is due within 30 days.  We are open to negotiation in terms or payment plans for special circumstances. If payments are consistently late above 60/90+ days, this will result in no action on any of your requests until the full outstanding amount(s) is paid. Legal action may be sort thereafter for appropriate compensation — which is a pain in the @#$% for everyone.

6.2 Chargeable Items (but not limited to)

Anything can be deemed chargeable at the discretion of the director if it involves using our studio time, staff, resource or expertise.

Chargeable items can include: Concept development (even if it doesn’t go into production); creative graphic design; document layout; image, content creation, colour and font research and manipulation; technical artwork setup; printing; web coding; troubleshooting web related issues; web research if related to the job; client directed changes; draft creation; professional advice; logo retracing; purchase of stock images and font licences; retrieval of previous artwork from our back up systems — except in the case of a straight reprint where WE do the printing.

6.3 Other Expenses May Include

Hiring an external supplier such as: copywriter; proofreader; illustrator; photographer; image scanning; job related data entry; typing out documents not supplied digitally; physical portable storage devices; shipping and courier fees; on-site press checks; web/email hosting fees; domain name registration fees; ongoing web site maintenance; search engine optimisation (SEO); research and testing new developments and technologies at your request; phone calls that involve making changes; further requested face to face meetings (aside from the initial meeting). Attending – but not limited to – external activities at your request such as: on site visits/meetings; focus groups; and art directing other professionals. Any out-of-pocket expenses may be charged to cover time and costs involved such as air fares and accommodation (if appropriate). The client will always be notified beforehand to approve any reasonable expense. Any copyright release fees if necessary; and any other reasonable request that requires our staff time or professional service. Areas that are “grey” will be subject to negotiation and some fee may expected to be paid, depending on the circumstance.

6.4 Non-Chargeable

Anything can be deemed non-chargeable at the discretion of the director. General internal administration tasks; initial meetings, quotes, backup storage of your completed jobs and retrieval for straight reprints only. Fixing errors that are solely our fault.

7. Copyright

The client indemnifies and agrees to keep BIRD&BEAST indemnified against all liability, losses or expenses incurred by BIRD&BEAST in any way directly or indirectly connected with any breach of copyright on materials supplied by you the client. In other words if you give us stuff that breaches copyright or the law YOU pay the fine not us. You, the client acknowledges and is responsible for ensuring supplied properties (i.e. logos, images, text etc.) will not violate any law or regulations or infringe upon or violate the copyright, trademark, or other proprietary right(s) or confidential information of any third party, or violate any right of privacy. If these representations shall be untrue or this warranty is breached, client agrees to hold BIRD&BEAST, as well as any of its’ officers, directors, employees and agents, from all liability, damages, losses, claims, actions, judgements, and costs, including legal fees, arising as a result of any infringement upon the rights of a third party.

BIRD&BEAST retains the right to all copyright and intellectual property relating to any artwork and creative concepts or ideas until payment in full is made, but retains the copyright and ownership of the actual digital files themselves unless otherwise agreed or a release fee is paid. BIRD&BEAST is at all times the copyright owner of all native and editable digital files that we create from conception and are stored on our system. Such as: InDesign, illustrator, Photoshop and other native software formats. Any original website code is also copyright to us. BIRD&BEAST is the owner of any unused creative output, all unused options, drafts, ideas and electronic artwork created on behalf of the client e.g.; logo designs that don’t get used by you, still belong to us. The client shall be the owner of the actual end product/collateral and content. (i.e. the final idea used, a printed brochure, any produced physical item, actual logo in use on actual collateral, a live website and content contained). Should BIRD&BEAST present to you an original idea or design etc and you or another designer use the concept in a similar or identifiable way, without paying for our work, advice or intellectual property or a copyright transfer, this is strictly against our terms. You will either be invoiced for the use or legal action (hopefully not) may be taken to stop you using it. BIRD&BEAST  is opposed to “free pitching” (see agda.com.au for more detail). BIRD&BEAST will not do work or present ideas for free, in order to show you or present an idea or when pitching in competition with another design firm. A price must be agreed upon before we spend our time on any work undertaken at your request. The general release of electronic files to the client is at the discretion of the director and more often than not, will be freely given for your use but BIRD&BEAST still retain the copyright ownership to the digital file itself. Should you give our file to another designer without our permission, this is in breach of our terms and a copyright release should be requested. Should the client choose to cease business with BIRD&BEAST and wishes to buy the copyright and electronic file ownership, a copyright and complete ownership request is required in writing and incurs a $120+gst “copyright transfer fee” per job number, plus a basic retrieval fee of $50+postage for delivery of requested files. The client will only receive the files upon BIRD&BEAST receiving payment.*For more detail on copyright visit – IP Australia, AGDA. Design Victoria for more information.

8. Printing

We want the best quality and service at the most competitive price. We broker our production service to tested and trusted trade suppliers. We want the best outcome for your job. All printers have strengths and weaknesses and can price very differently for the same specification. The type of job you ask us to deliver, will determine who we choose to do the job. We do not disclose our suppliers, as this can change-even for the same job-and some deal trade only. Colour is not guaranteed in a pre-press proof – only content and copy. However, it may show any colour alarm bells. Please add 1-2 days to the turnaround times if a physical printer proof is requested. This is usually a digital print which still may vary slightly in colour and stock from the final job. If colour is super-duper critical, please supply us with a printed sample to match or join us for a press approval (which is chargeable). The quality of the output depends on the quality of the artwork setup supplied, the brief you give us and any time pressures. Paper stock choice will also affect colour and finish. Uncoated paper (letterhead laser type stock) and coated paper (standard glossy brochure type paper) both produce different results. Trust us when we say that each printer (even the same company sometimes!) can have colour variations of between 5-10% – no matter where you go. Colour is very subjective and a very difficult subject to master consistently. We will do our best to help and match where at all possible. ABOVE ALL with colour…if you have only seen a screen representation or an inkjet/laser office printout as your only reference to colour, please note that the actual printed result can look quite different and we will not be held liable once a job has been printed. Some colours such as teals, blues and greens can have larger variations across various print runs. If you try to go to our supplier directly, we have arrangements in place that they send you back to us. However you are free to choose your own printer to do the work.

8.1 Supplying Artwork From Other Designers

If you or another graphic designer has created the artwork, please supply us with a printed hard copy or mockup of the intended finished document outlining your expected result. We don’t guarantee font or colour reproduction on documents we don’t design. Artwork supplied to us must be a print ready PDF with 3mm bleed, crop marks, CMYK, 300dpi, right reading and not imposed.  “US web coated (SWOP) v2” is the preferred CMYK colour space. Let us know which colour space the document has been created in, as each “space” can have big colour variations. Unless otherwise specified, you may need to supply native documents with fonts, and hi-resolution images. If we need to recreate the work, a setup fee will be incurred depending on the scale. If you are supplying us artwork to print, we like to be assured that a professional and experienced pre-press graphic designer has setup your files. In some cases, if a freelancer, crowdsourced designer, desktop publisher, student or someone’s mate has setup the file, in our experience, the files are often not setup correctly and often require pre-press work to be done.

8.2 Do You Require an On The Press Approval?

Please add $50+gst if you request this service and the printer is available to do it. A BIRD&BEAST representative will go on-site to the printing premises to consult with you or on your behalf, with our chosen printer. However this is subject to availability. Please understand that we cannot guarantee anything on files that we have not setup or get supplied to us from other designers. Even a press check wont save this!

9. Proof Reading

Our in-house graphic designers are not trained proofreaders or copywriters, and while every effort will be made to ensure accuracy, it is recommended that you, the client, check everything as you are solely responsible for approving artwork BEFORE the job goes to production. Should the services of a professional proofreader be needed, BIRD&BEAST can gladly recommend one on your behalf.

We insert copy as supplied, and usually there are changes to be made. The limit of our proofing is to make sure, that we have answered your brief as accurately as we can and what we have designed is what gets produced.

10. Logo Trademark Research / Legal

Please note that BIRD&BEAST does NOT offer or provide logo trademarking research, registration services or legal advice. A legal practitioner is recommended for this complex service. We take all care to provide original artwork but we do not assume responsibility or any liability in the event that a name, slogan or design conflicts in any way with an existing name, slogan or design. Although we offer a naming service, it is highly advisable that client researches and registers their own COMPANY NAME with the appropriate registrars such as ASIC, before proceeding with design services. If you require us to do this a fee will be incurred. You will be liable for any extra artwork and production charges if you supply us with wrong or incorrect company information. For example if you tell us you are “acme widgets” and get us to design and print a suite of collateral and “acme widgets” already exists, you are liable for subsequent amendments and reprints.

11. Artwork Storage

All files are stored electronically and are logged via a database for quick retrieval and access. All files are backed up, daily to external media and systematically on DVD and stored off the premises to ensure loss of work is kept to a minimum. There is a file retrieval fee of $50+gst unless it is for a reprint that we manage.

12. Liability Limit

BIRD&BEAST’s liability for any job shall be limited to design and to any service that attracts our service fee or any third party that we commission on your behalf. BIRD&BEAST cannot be held liable for any consequential or special damages such as profit losses or general advice misinterpretations.

13. Project Termination

If at any time client chooses not to complete their project for whatever reason or fails to give us feedback within 30 days, then BIRD&BEAST shall generate an invoice and be compensated for all work to date unless prior arrangements have been made.

14. Promotional Use

BIRD&BEAST may reproduce and alter any work that we have produced for its/our own promotion: any design, artwork or layout in promotional materials such as our own brochures, mailers, or on our website. This will be solely to promote our own services. If you do NOT want your project(s) to appear in our studio’s promotional materials please send a written request to the director. If we have accidentally used creative in our promotions that we shouldn’t have, please let us know and we will remove it asap.

15. Confidentiality

Your confidentiality is extremely important to us and therefore any of your details or sensitive information is strictly kept private. It is not shared with any other third party without your permission.

16. Warranty

BIRD&BEAST will commit all resources necessary to complete your job, efficiently, within budget and deadlines. For any proven errors, breakdowns or malfunctions that were solely our fault, we will replace, reprint or discount your job depending on the scale of failure and negotiation with you. Everything is subject to negotiation, common sense and fairness.

This document is subject to change.