Service Terms & Conditions

When you engage Lone Studio and any relevant sub-contractors to perform work in a freelance or independent contractor capacity, you will be required to accept the following Terms and Conditions. Rates will be confirmed in writing before work commences.

This Agreement is entered into between Christopher Davies trading as Lone Studio Au (ABN: 48 540 366 128) (operating as Lone Studio, hereinafter referred to as “The Contractor”), and You, the authorised representative of the client (hereinafter referred to as “The Client”), for work commencing.

Commencement of Work

The Client agrees to provide written approval of the quote/proposal before any work is commenced, acting as a Letter of Agreement between The Client and The Contractor concerning the work outlined in the quote/proposal.

Payment and Fees for Service

For quotes of $1,000 and above, excluding taxes, a deposit of 50% of the total quoted fees will be invoiced at the acceptance of the quote / proposal. The remaining 50% will be invoiced upon completion of all work, and must be paid before delivery of the final items to The Client. If, following payment of the first 50% of the total quoted fees, the project’s schedule exceeds four calendar weeks, The Contractor may elect to invoice parts of the remaining balance prior to completion of the project.

The Client agrees to pay an invoiced amount within seven days of receipt of the invoice.

The Contractor accepts payment by direct deposit and the bank account details will be made available to you when the invoice is sent.

Third party supplier and sub-contractor fees will be agreed with The Client before these parties are engaged.

Out-of-Pocket Expenses

Fees for professional services do not include outside purchases such as, but not limited to; printing, photography, copywriting, illustration, fonts, stock imagery, colour office printouts or courier services. Expenses are itemised on each invoice. The Client will receive an estimate from The Contractor of what these costs will be before they are charged to The Client.

Confidentiality

The quote / proposal is unique to The Client and is strictly confidential. It must not be copied, forwarded or shown to anyone outside of The Client’s organisation – in part or in whole.

Nature of Copy

The Client agrees to exercise due diligence in its direction to The Contractor regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials The Contractor prepares. The Contractor will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.

Artwork Approval, Errors and Omissions

The Contractor will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, The Contractor is not liable for loss, expense or damage caused by any act or omission.

Liability

The Contractor makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance or contractor capacity. To the extent permitted by law, The Contractor shall not be liable to The Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and hold harmless The Contractor from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by The Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.

It is agreed that all work and materials provided for The Client by The Contractor will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. The Contractor will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.

Cancellation / Termination of Agreement

Should The Client wish to cancel / terminate the agreement and discontinue any work in progress, The Client must notify The Contractor immediately of this intention by written notification. Hours worked to that point will be invoiced. In the case of cancellation / termination, outstanding invoices are required to be paid within seven days of the invoice issue date.

Should The Client breach this agreement or our standard seven day payment terms, The Contractor also reserves the right to cancel the agreement by written notification. The Contractor retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.

Alterations

Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. The Contractor will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made to the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.

Excess Work and Author’s Alterations (AA)

Excess work is defined as any work involving additions to the list of items and / or any work undertaken that exceeds the work outlined in the quote / proposal. AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and AAs will be charged in hourly increments at the rate stated in the quote/proposal.

Copyright

Unless otherwise stated in the quote / proposal, it is agreed that The Contractor will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote / proposal. If The Contractor offers to release intellectual property and The Client agrees to pay the proposed Copyright fee, The Contractor will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.

The Contractor always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.

Amendments to Terms and Conditions

These terms can only be varied, amended or altered by written agreement between The Contractor and The Client.

Acceptance of a quote from Lone Studio constitutes acceptance of the above terms and conditions.