Terms and Conditions

The following terms and conditions apply to all work and are deemed accepted in full when you accept a quotation or pay any deposit. Please read these terms carefully before ordering any work.

Definitions
We, Us or Our refers to Shout by Design.
You, Your or Client refers to the individual or business engaging our Services.
Services refers to services provided by Shout by Design only. It does not include services provided by third parties that may work in partnership with us to carry out the requested work under an approved quotation.

Scope of Service
We agree to provide the Services outlined in the quotation or proposal supplied to you. Any additional Services requested outside the original scope may incur additional charges.

Deposit
Before we commence any Services, a deposit equal to 50% of the total approved quoted amount is payable by you, unless otherwise agreed by us in writing.
Exception: where we place advertising (media buying) on your behalf, payment for the media buy is required in full in advance.
All deposits are non-refundable, even if you cancel your project.

Invoice Terms
All invoices issued to first-time clients are due within 14 days of the invoice date.
Long-term clients of 12 months or more may be offered payment terms of up to 30 days, but these terms must be agreed by us in writing.

Payment Upon Completion
Final payment is required in accordance with the invoice terms above.
No working files, artwork files or final files will be supplied until final payment has been made.
Your final invoice will include any additional charges for work outside the scope or the allocated revisions.

Failure to Pay and Recovery of Monies
Failure to pay any invoice:
• may incur late fees resulting in additional charges of up to 2%; and
• means you agree to be responsible for any fees incurred by us to recover those monies, including costs of self-recovery or fees paid to a third-party recovery agent or firm.
If you anticipate difficulty paying the final invoice, please contact us promptly to arrange a payment plan and avoid debt recovery and additional recovery charges.

Project Cancellation
If you wish to cancel your project
• The upfront 50% deposit is non-refundable.
• You agree to pay any additional charges we determine on a pro rata basis for work or time already spent, where reasonable.
• All material created to that point, including concepts or proofs, will remain our property. No copyright will be granted, and no use of any item is permitted.
• If you provide any proof or concept to an AI tool, you are liable for the work performed up to the time of cancellation, as determined by us. Any proof or concept you receive must not be provided to another creative business or to an AI tool.
If we cancel the project
• Prior to work being undertaken and before receipt of the deposit, a $220 charge will be withheld and the remainder of any deposit returned, provided we have not commenced any work.
• Once work has commenced, the upfront 50% deposit will not be refunded.
• We may forgo any additional costs past work deemed as being past the milestone for 50% of work undertaken.

Confidential Information
We will treat any material supplied by the Client with strict confidence to provide the best marketing Services.
You agree to treat any material, pricing, quotations and documentation, including emails, provided by us as confidential. You must not disclose pricing, discounts or other confidential information to parties that may be deemed to be in competition with us.

Right to Display Completed Work
Once work is completed and any or all of the project work is in the public domain, we have the right to promote our involvement in the work.
Promotion includes, but is not limited to, displaying or showcasing the work on our digital channels, in case studies or through any other form of promotion.

Revisions, Excess Work and Work Requested Outside the Scope
The quotation is based on the initial meeting and the estimated scope of work.
Revisions are granted per project or item. If the allocated number of revisions is exceeded, you may be charged an hourly rate of up to $220 per hour until the work is completed.
Additional work will be charged in addition to the original quotation. If you are unsure whether requested additional work is included in the scope, seek written clarification from us and request a separate quotation for the estimated hours required to complete it.
The Client agrees to pay any additional charges on the final invoice.
Once work is completed and any or all project work is in the public domain, we have the right to promote our involvement in the work. See Right to Display Completed Work.

Supply of Content by Client
The Client warrants that any information supplied to us, in digital or physical form, is owned by the Client.
We take no responsibility for Client-supplied material that infringes copyright.
The Client agrees to indemnify us against any legal liability or costs arising from copyright infringement or other unlawful use of Client-supplied material.

Proofs and Errors
The Client accepts full responsibility for proofing artwork, including phone numbers and other details.
Proof forms and emails containing artwork proofs are deemed an “A Proof” and must be accepted before the next allotted round of revisions may take place.
Proofs are deemed accepted if confirmed by email or a signed proof form. An email reply containing the word “approved” is also deemed to be a signed proof.
The Client accepts responsibility for payment for any printed artwork returned with errors, as all artwork must be approved by the Client before being sent to print. If reprinting is required, the Client will be responsible for the cost of the corrected prints.

Amendments to These Terms and Conditions
We reserve the right to change, alter or add to these terms and conditions at any time. Clients should refer back to the terms and conditions periodically, especially for new work requested. No notification will be sent.
These terms override any verbal agreements made with us or any staff member. Any changes or concerns must be raised with us and receive our express written permission before being deemed accepted by both parties.
Any FAQs supplied by us do not form part of these terms and conditions.

Rights to Final Artwork

All rights to the final artwork remain our property until the full final invoice has been paid.
Upon final payment, copyright in the final approved artwork created by Shout by Design transfers to the Client, unless otherwise agreed in writing.
We reserve the right to be credited as the creator and to display the completed work to demonstrate our creative expertise.