Terms and Conditions

Terms and Conditions

Last updated: 28 September 2026

The following Terms and Conditions apply to work undertaken by Shout by Design and are deemed accepted when the Client accepts a quotation or proposal, instructs Us to commence work, or pays any required deposit.

Please read these Terms carefully before ordering any work.

Definitions

We, Us or Our means Shout by Design.

Client means the individual, organisation or business engaging Our Services.

Services means the services provided by Us as outlined in an approved quotation or proposal.

Final Deliverables means the completed files or materials identified for delivery in the approved quotation or proposal.

Working Files means editable, native, source, project or production files used to create the Final Deliverables.

Third Party or Third Parties means any person, business, supplier, service provider, software provider, platform operator, licensor or other entity that is not the Client or Us.

Third-Party Assets means content, materials or production resources owned or licensed by a Third Party and used in connection with the Services, including stock imagery, video, music, sound effects, fonts, templates, plugins, characters, 3D models, textures, motions and similar assets.

Scope of Service

We will provide the Services outlined in the approved quotation or proposal.

The quotation is based on the information, requirements and estimated scope provided to Us at the time it is prepared.

Any work, changes or deliverables requested outside the approved scope may incur additional charges.

If the scope changes substantially, We may provide an updated quotation, estimate or variation before continuing.

Where Third Parties, software, platforms or other external services are required to complete the project, their own terms, licences, availability and charges may also apply.

Deposit

Before We commence any Services, a deposit equal to 50% of the total approved quoted amount is payable by the Client, unless otherwise agreed by Us in writing.

The deposit secures the project and allows Us to allocate time and resources to the work.

Where We place advertising or undertake media buying on behalf of the Client, payment for the media buy is required in full in advance.

We may also require payment in advance for printing, Third-Party Assets, licences or other costs charged by a Third Party specifically for the project.

Cancellation of a project and the treatment of any deposit following cancellation are dealt with under Project Cancellation below.

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, where agreed by Us in writing.

Different payment arrangements may be specified in the quotation or proposal for larger, ongoing or staged projects.

Payment Upon Completion

Final payment is required in accordance with the applicable invoice terms.

No Final Deliverables or agreed Working Files will be released for final use until all relevant invoices for the project have been paid in full.

The final invoice may include additional charges for work outside the approved scope, additional revisions, changes to previously approved work and approved costs charged by Third Parties.

Failure to Pay and Recovery of Monies

If an invoice is not paid when due, to the extent permitted by law, We may:

• suspend work or delivery until payment is received;
• withhold Final Deliverables or agreed Working Files until payment is received;
• charge a late-payment fee of up to 2% of the overdue amount; and
• recover reasonable costs incurred by Us in recovering unpaid amounts, including costs charged by a Third Party engaged for debt recovery.

If the Client anticipates difficulty paying an invoice, the Client should contact Us promptly so that an alternative payment arrangement may be considered and additional recovery costs may be avoided.

Project Cancellation

If the Client cancels the project

If the Client cancels the project after accepting the quotation, paying the deposit or instructing Us to commence work:

• We may retain or apply all or part of the deposit towards work already completed, time reasonably allocated or committed to the project, non-refundable costs charged by Third Parties and reasonable cancellation costs;
• the Client remains responsible for any additional amount properly owing where the value of work completed or costs incurred exceeds the amount already paid;
• concepts, proofs and incomplete work created to that point remain Our property unless otherwise agreed in writing; and
• no copyright or right to use incomplete, unpaid or unapproved work is granted unless We agree otherwise in writing.

Concepts, proofs or incomplete creative work supplied by Us must not be provided to another creative provider or submitted to an AI system for further development without Our written permission.

Providing incomplete work or concepts to another creative provider or AI system does not remove the Client’s responsibility to pay for work undertaken by Us up to the date of cancellation.

Any amount retained or refunded following cancellation will be determined having regard to the work and costs incurred and is subject to applicable law.

If We cancel the project

We may suspend or cancel a project where reasonably necessary, including because of:

• non-payment;
• prolonged Client delays;
• failure to provide information, content or approvals required to continue;
• significant changes to the agreed scope without agreement on additional costs;
• abusive, threatening or inappropriate conduct;
• legal, copyright or licensing restrictions; or
• circumstances outside Our reasonable control that prevent the project from continuing.

If We cancel a project for reasons unrelated to a breach or failure by the Client, amounts already paid will be reconciled against work completed and costs already incurred with Third Parties.

Any remaining amount will be refunded where applicable.

Confidential Information

We will treat non-public information and material supplied by the Client as confidential and use it only as reasonably necessary to provide the Services.

The Client must also treat non-public information supplied by Us as confidential, including pricing, quotations, discounts, documentation, emails and other correspondence containing confidential or commercially sensitive information.

The Client must not disclose Our confidential pricing, discounts or other commercially sensitive information to another business that competes with Us unless We have agreed to this in writing or disclosure is required by law.

Confidential information does not include information that is already publicly available, was already lawfully known by the receiving party, was developed independently without using the confidential information, or must be disclosed by law.

If a project involves particularly sensitive or restricted information, any additional confidentiality requirements should be agreed in writing before that information is provided to Us.

Right to Display Completed Work

Once completed work has been publicly released, We may identify Our involvement in the project and display the completed work to demonstrate Our creative expertise and Services.

This may include use on Our website, social media, portfolio, case studies, showreels, proposals, capability statements, award submissions or other promotional material.

We will not use or disclose confidential Client information as part of Our promotion of completed work.

If a project must remain confidential, or the Client wishes to restrict Our use of the completed work for portfolio or promotional purposes, this must be agreed with Us in writing.

Revisions, Excess Work and Work Requested Outside the Scope

The quotation or proposal is based on the initial project discussions, information provided and estimated scope of work.

Revisions are allocated per project or item as outlined in the quotation or proposal.

Additional charges may apply where:

• the allocated number of revisions is exceeded;
• previously approved work is changed;
• a new concept or creative direction is requested;
• additional deliverables are requested; or
• the scope of the project changes.

Where no different rate has been agreed, additional work may be charged at an hourly rate of up to $220 per hour.

If the Client is unsure whether requested work is included within the approved scope, the Client should ask Us for written clarification before requesting the additional work.

Where appropriate, We may provide a separate quotation or estimate for the additional work before proceeding.

The Client agrees to pay approved additional charges on the final invoice.

Delays in providing required content, feedback or approvals may result in the project timeline being extended or the project being rescheduled according to Our availability.

Where a project is delayed for an extended period, We may need to review the original scope, pricing or production schedule before recommencing.

Supply of Content by Client

The Client warrants that any material supplied to Us is either:

• owned by the Client; or
• appropriately licensed or authorised for use in the project.

The Client authorises Us to reproduce, edit, modify or adapt supplied material as reasonably necessary to provide the Services.

The Client is responsible for obtaining any copyright, trademark, privacy, confidentiality or other permissions required for material supplied to Us.

We are not responsible for copyright infringement or other unlawful use arising from material supplied by the Client where the Client did not have the necessary rights, licences or permissions to provide or authorise its use.

The Client agrees to indemnify Us against reasonable claims, liabilities or costs arising because the Client did not have the necessary rights, licences or permissions to provide or authorise the use of that material, subject to applicable law.

Proofs, Approvals and Errors

The Client is responsible for carefully reviewing all artwork, proofs, drafts and deliverables before approval, including the accuracy of content, contact details, figures, instructions and other Client-specific information.

Artwork proofs supplied by Us by email, proof form or another agreed method may be treated as an A Proof and require approval before the next allotted round of revisions or production stage proceeds.

Proofs may be approved by email, signed proof form or another agreed written method.

A written response containing the word “approved”, or otherwise clearly confirming approval, will be treated as Client approval.

Once work or a production stage has been approved, later changes may be treated as additional work.

Where approved artwork is sent to print and an error subsequently requires reprinting, the Client is responsible for the cost of corrected printing where the error was present in the approved proof.

Animation and Staged Approvals

Animation, motion design and similar projects may involve staged approvals, such as scripts, storyboards, visual direction, voiceovers, animatics or animation drafts.

Approval of a stage authorises Us to proceed to the next production stage.

Changes to an earlier approved stage after later production has commenced may require significant rework and may be charged as additional work.

Technical and Specialist Information

Where any project includes safety, training, compliance, engineering, medical, legal, regulatory, financial or other specialist information, the Client is responsible for confirming the accuracy and suitability of that information and obtaining any appropriate specialist, professional or regulatory approval.

Unless We have specifically been engaged and are appropriately qualified to provide that specialist advice, Our role is to creatively communicate information supplied or approved by the Client.

Our design, production or presentation of that information does not constitute independent verification, certification or professional advice in relation to the underlying specialist content.

Final Deliverables and Working Files

The Services include the Final Deliverables identified in the approved quotation or proposal.

Working Files are not included as part of the Final Deliverables unless they are specifically identified in the quotation or proposal, or otherwise agreed by Us in writing.

Working Files may include editable or native files such as design source files, animation or motion project files, 3D or character files, linked assets, templates and other production files used to create the Final Deliverables.

Where We agree to provide Working Files, additional charges may apply for preparation, organisation, conversion, packaging, licence requirements or technical handover.

Working Files may rely on software, plugins, extensions, fonts or other tools that are licensed to Us or a Third Party. These are not included in the Working File handover unless expressly identified in the quotation or proposal and permitted by the applicable licence.

The Client is responsible for obtaining any software, licences, plugins, extensions, fonts or other tools required to open, edit or use the Working Files. We do not guarantee that Working Files will function in the same way on the Client’s systems where required software, licences or other dependencies are not available.

We are not required to supply a Working File where doing so would breach, or reasonably risk breaching, a licence, copyright restriction, confidentiality obligation or other legal requirement.

Where practical, restricted Third-Party Assets may instead be removed, replaced, flattened or rendered before the Working Files are supplied.

Supplying Working Files does not transfer ownership of any Third-Party Assets contained within those files.

We are not required to retain Working Files indefinitely following completion of a project. The Client should retain copies of all Final Deliverables supplied by Us.

Third-Party Assets and Licensed Content

We may use appropriately licensed Third-Party Assets when providing the Services.

Third-Party Assets remain owned by their respective copyright owners or licensors and remain subject to the applicable licence.

The Client does not acquire ownership of a Third-Party Asset merely because it is used to create, or is incorporated into, the Final Deliverables.

Unless permitted by the applicable licence, Third-Party Assets must not be separately extracted, redistributed, resold, sublicensed or used independently of the Final Deliverables.

If the Client requests Working Files and continued use or editing requires the Client to obtain a separate licence for a Third-Party Asset, the Client is responsible for obtaining and paying for that licence.

We are not required to transfer, provide or make available any Third-Party Asset where doing so is not permitted by the applicable licence.

Reallusion Content and Project Files

We may use Reallusion software and licensed content when producing animation and digital content. Reallusion content used in a project is treated as Third-Party Assets under these Terms.

Finished rendered deliverables may be supplied to the Client in accordance with the applicable licence.

Original or editable Reallusion project or source files are not included unless specifically agreed in writing.

If the Client requests those files, the Client may be required to purchase or hold the appropriate licences for Reallusion content contained within the project before the files can be accessed or edited without restriction.

Artificial Intelligence and AI-Assisted Tools

We may use artificial intelligence or AI-assisted tools as part of Our creative or production workflow where appropriate, including for concept development, content creation, editing or other production processes.

AI-generated or AI-assisted material may be subject to the terms and licensing conditions of the Third Party providing the relevant tool or service.

We can only assign or license intellectual-property rights that We legally hold and will not represent that We own rights in material where those rights are held by a Third Party or are otherwise not legally held by Us.

We will not knowingly use Third-Party Assets with an AI system where the applicable licence prohibits that use.

The Client must advise Us before work commences if the Client’s organisation, procurement requirements, funding conditions, confidentiality obligations or internal policies prohibit or restrict the use of AI.

Any project-specific restrictions on AI use must be agreed in writing before work commences.

Rights to Final Deliverables and Intellectual Property

Until the final invoice has been paid in full, all rights We own in the project work remain Our property.

Unless otherwise agreed in writing, once full payment has been received, copyright in the final work created by Us for the Client transfers to the Client, except for the items listed below.

This transfer does not include:

• Third-Party Assets;
• software or other tools used to create the work;
• Our existing intellectual property, systems, methods or production resources;
• Working Files, unless specifically agreed;
• unused concepts, drafts or alternative creative directions; or
• any material in which We do not own transferable copyright.

Any Third-Party Assets used in the Final Deliverables remain subject to their own licence terms.

We may be credited as the creator or production provider where appropriate and may display completed publicly released work in accordance with the Right to Display Completed Work section.

Amendments to These Terms and Conditions

We may update these Terms from time to time. Updated Terms will apply to new work accepted after the date of the update.

The Terms applying when a quotation or proposal is accepted, the Client instructs Us to commence work, or a required deposit is paid will continue to apply to that project unless We and the Client agree otherwise in writing.

These Terms override inconsistent verbal agreements unless a variation has been agreed by Us in writing.

Any FAQs or general information supplied by Us do not form part of these Terms unless specifically incorporated into the quotation or agreement.

Australian Consumer Law and General Terms

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Australian Consumer Law.

Neither We nor the Client will be responsible for a delay or failure to perform an obligation where it is caused by circumstances outside reasonable control, provided reasonable steps are taken to minimise the impact where practical.

These Terms are governed by the laws of the Northern Territory, Australia, subject to any legal requirement that provides otherwise.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.