Terms and Conditions
The following terms and conditions apply to all work and are deemed accepted in full upon confirmation of quote acceptance or any deposit payment. Please read the terms carefully before ordering any works.
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 any service offerings provided by Shout by Design only and does not include any third-party services that may be working in partnership with us to carry out the requested works 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 of the original scope may incur additional charges.
Deposit
Prior to the commencement of any services, a 50% deposit of the total approved quoted amount is payable by you, unless otherwise agreed by us in writing.
Exclusions: where we place advertising (media buying) on your behalf, payment for any media buy is required in full upfront.
All deposits are non-refundable, even if you cancel your project.
Invoice terms
All payments for first-time clients are due 14 days from the date of the invoice.
Long-term clients (12+ months) may be offered payment terms up to 30 days only, and must have this agreed by us in writing.
Payment upon completion
Final payment is required as per the invoice terms above.
No working/artwork files or finals will be supplied until final payment is made.
Your final invoice will include any additional charges that were outside the scope or outside the allotted 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%;
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/firm.
If you anticipate difficulty paying the final invoice, please contact us promptly to arrange a payment plan to 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 take any proof/concept and provide it to an AI tool, you are liable for the work performed up to the time of cancellation as determined by us; any proof/concept you received is not to 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 works.
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 works 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 in competition with us.
Right to display completed work
Once works are 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 on our digital channels, in case studies, or any other form of promotion.
Revisions / Excess work / Works requested outside of 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 (up to $220 p/h) until the works are completed.
Extras will be charged in addition to the original quotation. If unsure whether requested extras are included in the scope, seek written clarification from us and request a separate quote for the estimated hours to completion.
The client agrees to pay any extras on the final invoice.
Once works are 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 (soft or hard copy) is owned by the client.
We take no responsibility for client-supplied material that infringes copyright.
The client agrees to indemnify us from any legal liability or costs arising from infringements in client-supplied material.
Proofs and Errors
The client accepts full responsibility for proofing artwork, including phone numbers, etc.
Proof forms including emails with artwork proofs are deemed an “A Proof” and must be accepted before the next allotment of revisions may take place.
Proofs are deemed accepted if confirmed via email or a signed proof form. An email reply containing the word “approved” is also deemed 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 payment 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 works requested; no notification will be sent.
These terms override any verbal “deals” 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 is paid.
Upon final payment, copyright transfers to the client. We reserve the right to be credited as creator and to display the work to demonstrate our creative expertise.