Terms of Service
Below is Vio Dsgn Studio standard Terms and Conditions. Please take time to read through the Terms and Conditions thoroughly and ensure you understand them before you commence a project with us.
These conditions are constructed under Australian Law and apply to all individuals, businesses, or companies (referred to as "the Client/s") engaging the services of Vio Dsgn Studio, its contractors, subcontractors, and employees (referred to as "the Designer"), unless otherwise agreed to in writing by both parties.
1. General Conditions of Contract
1.1 These Terms and Conditions cover all Contracts entered into by The Client with Vio Dsgn Studio for services relating to design, copywriting, visual media, websites, domain name registration, website, social media, brand identity, illustrations, images and photography (Artwork).
1.2 These Terms and Conditions are subject to change without notification by Vio Dsgn Studio.
1.3 These Terms and Conditions apply to Vio Dsgn Studio and all of its contractors and subsidiaries.
2. Project Acceptance
2.1 The Designer and the Client will attend an 30 minutes initial consultation at no charge to the Client. This can be held via online meeting or in person. This will assist in the evaluation and formulation of the Client’s design requirements.
2.2 The Designer will be responsible for providing a project proposal based on the information gathered from the initial consultation. Project acceptance is contingent upon the Client's agreement to these Terms of Service and the terms outlined in the project proposal or quotation provided by Vio Dsgn Studio.
2.3 By accepting a project proposal or quotation, the Client acknowledges understanding and acceptance of the scope of work, deliverables, quotation, and terms of engagement.
2.4 New requirments that are not described in the initial scope of work will be assessed in a new estimate of both compensation and timeframes.
3. Compensation
3.1 It is the Client's responsibility to request an estimated quotation prior to the commencement of a project. Quotations are generated by the Designer based on the design requirements and expected time investment. Quotations may be subject to change if additional work is required.
3.2 Quotations are valid for a period of 30 days from the date issued. Vio Dsgn Studio is not bound to honor Quotations that have expired and retains the right to withdraw quotations prior to the expiration date.
3.3 The Client shall make a payment of 50% of the total compensation upon acceptance of the project proposal or quotation, prior to the commencement of any work by the Designer. Payments made are non-refundable, except in the event of project termination by mutual agreement of both parties, and the value of completed design is lower than the deposit -refer to clause 4.1.
3.4 Work is completed to the reasonable satisfaction of you but is subject to the terms of clause 5.1 herein.
3.5 Invoices will be issued according to the payment schedule outlined in the project proposal or quotation. The Client agrees to make payments promptly upon receipt of invoices.
3.6 The Designer reserves the right to invoice prior to the time detailed in clause 5.2 if the Client has been uncontactable / unresponsive for more than 30 days – refer 5. Cancellation & Termination.
3.7 The Designer reserves the right to invoice for work completed if the project exceeds 60 days.
4. Completion of Work
4.1 Upon our completion of any draft of work, The Client will be given an opportunity to review said draft(s). The Client will be responsible to notify the Designer, in writing, of any necessary alterations within 5 business days of receipt of the draft. If no alterations are requested within the 5-day review period, the draft(s) will be deemed to have been approved. Once approved or deemed approved, drafts may not be subsequently rejected or approval withdrawn, and the contract will be deemed to have been completed and payment will become due.
4.2 Any verbal or written changes or revisions made by the Client to the scope of the work as laid out in the project proposal following its commencement by the Designer are subject to additional charges. Should such changes or revisions negate any part of the work already completed at the time of the changes or revisions, The Client accept responsibility for payment of the completed work and all services related to it, in addition to charges for the change or revision itself. Please note that unless otherwise stated the estimate/invoice provided, includes up to 3 lots of minor revisions (2 hours maximum). Any additional changes or revisions and drafts will attract additional charges at a standard hourly rate.
4.3 Vio Dsgn Studio reserve the right to assign subcontractors to complete certain parts of the Work in order to ensure quality and timely completion.
5. Cancellation & Termination
5.1 Due to unforeseen and unexpected reasons, both the Client and the Designer have the right to terminate the project at any time. In such cases, the ownership of completed work remains with client. Payments for any tasks not yet started will be refunded to the Client. The Designer reserves the right to determine the the completion status of tasks..
5.2 In the event that the work is postponed or terminated at the Client's request, the Designer reserves the right to invoice the Client for the pro rata value of work completed up to the date of the termination request, while retaining all other rights under this Terms of Service. Any additional payment due must be settled within 7 days of the client's written notification to cease work. Upon termination, the Client shall also be responsible for any expenses incurred by the Designer related to the Work, and both parties shall retain ownership of all rights to the incomplete works.
6. Timeframes
6.1 The Designer will provide a timeframe for each project submitted with the cost estimate as part of the project scope in the project proposal. It is the Client's responsibility to request a timeframe if this item has been omitted. If the Client requires a deadline date sooner than outlined in the timeframe, the Client shall notify the Designer immediately in writing and afford the Designer a reasonable timeframe in which to complete such requests. The Client will be advised in writing if the Client's request is achievable.
6.2 Whilst the Designer endeavors to complete tasks within scheduled timeframes, unexpected delays can occur and may be out of the Designer's control.
Delays may occur if:
(a) The Client does not meet or provide access to requirements or relevant content.
(b) The Client does not provide items the Designer needs in a timely manner.
(c) The Client requires multiple changes to design proofs.
(d) The Client's payments are not received on time.
(e) The Client requires tasks out of initial agreed project scope.
7. Copywrite
7.1 Ownership of copyright over all concepts and draft work remains with Vio Dsgn Studio. This includes, but is not limited to; logos, symbols, compositions and copy.
7.2 Upon payment in full for the completed work we transfer the assignment of copyright right to you. It is your responsibility to obtain trademarks, design patent or copyright. We do not guarantee trademarks, design patent or copyright attainability.
7.3 The Designer retains the right to display the work on the Studio's website after the project is launched if an NDA (Non-disclosure agreement) is not required. An NDA will be signed if requested by the Client.