Terms and Conditions
The following terms and conditions apply to all work and is deemed to be accepted in full, upon receiving confirmation of a quote acceptance or any deposit payment.
Please read the below carefully to ensure you understand the terms and conditions in full, before ordering any works.
We, Us, or Our refers to Shout by Design.
You, your or Client refers to the individual or business engaging our services.
Services refer to any service offerings by Shout by Design only and do not include any third-party that may be working in partnership with us to carry out the requested works on an approved quotation.
We agree to provide the services outlined in the quotation or proposal supplied to you. Any additional services requested outside of the original scope will likely incur additional charges.
Prior to the commencement of any service offerings, a 50% deposit of the total approved quoted amount is payable by you, unless otherwise agreed by us in writing.
Exclusions to the above are applicable where we may place advertising (media buying) on your behalf in which case payment for any media buy is required in full upfront.
All deposits are non-refundable, even in the unfortunate event that you wish to cancel your project.
All payments for first-time clients are due 14 days from the date of the invoice. Any long-term clients (12+ months) may be offered payment terms up to 30 days only and must be agreed by us in writing.
The final payment or payment upon completion is required as per the invoice terms above. No working/artwork files or finals will be supplied until the final payment is made.
Your final invoice will include any additional charges that were outside of the scope or outside of the allotted revisions.
Failure to pay any invoice:
- may incur late fees resulting in additional charges of up to 2%
- you agree that you will be responsible for any fees incurred by us to recover those monies either through self-recovery or expenses incurred by us to hire a third-party recovery agent/firm.
If at any point you feel that you will have difficulty paying the final invoice, we encourage you to raise this with us to work out a payment plan to avoid debt recovery and or incurring any additional recovery charges.
Should you wish at any point to cancel your project with us, you agree:
- that the upfront 50% deposit amount is non-refundable.
- to pay any additional charges that we determine, on a pro rata basis of work or time of work, that may be reasonable after the deposit amount has been utilised.
- that all material created to that point, including concepts or proofs, will remain the property of us and no copyright will be granted, nor use of any item permitted.
- that regardless 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 may have received during this time is not to be provided to another creative business or to an AI tool.
In the unfortunate event that we cancel the project at any point:
- Prior to work being undertaken and the deposit being received, a $220 charge will be withheld, and the remainder of the deposit returned, as long as 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 the work deemed as being past the milestone for 50% works undertaken.
We agree that any material supplied by the client is treated with the strictest of confidence and is supplied to us in confidence to provide the best marketing services possible to you.
You also agree that any material, pricing, quotations and documentation including emails will be treated with the strictest of confidence and is supplied to you only. This includes you agreeing that any pricing, discounts etc are not disclosed to other parties that may be deemed to be in competition with us.
- You agree that once works are completed and any or all of the project work is in the public domain that we have the right to promote our development of, or involvement in, the work.
- Promotion includes but is not limited to displaying or showcasing on any of our digital channels or in case studies and any other form that would be deemed as promoting our work, skills and expertise in our fields.
You agree that the quotation provided is based upon the initial meeting, which is when the initial scope of work is estimated.
Revisions are granted on each project or item and should these allocated number of revisions be exceeded that you may be charged an hourly rate (up to $220 p/h) until the works are completed.
You agree that any of these extras will be charged in addition to the original quotation. If at any time you are unsure if the requested extras are included in the scope or not, you must seek clarification from us in writing and indemnify us should you not request a separate quote for the estimated number of hours till completion.
The client agrees to pay the extras on the final invoice.
You agree that once works are completed and any or all the project work is in the public domain that we have the right to promote our development of, or involvement in the work.
Promotion includes but is not limited to displaying or showcasing on any of our digital channels or in case studies, and any other form that would be deemed as promoting our work, skills and expertise in our fields.
The client warrants that any information it has supplied to us in the form of soft or hard copy is solely owned by the client. We take no responsibility for material supplied by the client that infringes on copyright legislation.
We advise the client to ensure that all material the client supplies to us is of their own in its entirety, and the client agrees to indemnify us from any legal liability or costs associated with infringements of any nature from material supplied by the client.
The client acknowledges and accepts full responsibility for any and all proofing of artwork including phone numbers ect. Proof forms including emails with artwork proofs are deemed as ‘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 returned to us. Please note that a return email with the words approved is also deemed as a signed proof.
The Client accepts full payment for any printed artwork that is returned with errors as all artwork must be approved by the client before any artwork is sent to print. If reprinting is required the client acknowledges and accepts that the client will be responsible for payment of the new prints with any corrections.
We reserve the right to change or make alterations and additions to these terms and conditions at any time. Please ensure, as the client, that you refer back to the terms and conditions from time to time, especially for any new works requested from us, as no notification will be sent from us to the client to inform them of any changes to the terms and conditions.
The terms and conditions stated herein override any form of verbal ‘Deals’ made with us or any staff member. All changes, alterations or concerns must be brought up with us and given the express written permission of us before any alterations or additions may be deemed as accepted by us and the Client.
Any FAQ’s supplied by us do not form part of the standard terms and conditions.
All rights to the final artwork remain the property of us until the full final invoice has been paid.
Upon final payment, copyright will transfer to the client with us reserving copyright as the creator only, meaning we will only display our creative expertise through the work undertaken.
