Effective Date: December 7, 2023
Four Stripes Design Agency (“Four Stripes”) is committed to providing high-quality design services to its clients. These Terms and Conditions (“Terms”) govern the relationship between Four Stripes and its clients and outline the mutual responsibilities and expectations.
2. Scope and Application
These Terms apply to all services provided by Four Stripes, including but not limited to:
- Branding and identity design
- Website design and development
- Marketing materials design
- Graphic design
- Any other services agreed upon between Four Stripes and the client
3. Engagement and Responsibilities
3.1 Client Commitments:
- Provide Four Stripes with all necessary materials and information in a timely manner.
- Review the work of Four Stripes promptly and provide constructive feedback.
- Adhere to all agreed-upon deadlines and milestones.
- Make payments as outlined in the project agreement.
- Cooperate with Four Stripes and actively participate in the project.
3.2 Four Stripes Commitments:
- Deliver high-quality services in a professional and timely manner.
- Work collaboratively with the client to achieve their desired outcomes.
- Communicate effectively and transparently throughout the project.
- Provide regular updates and status reports.
- Not liable for delays caused by late client materials, approvals, or any other client-related factors.
- Use reasonable commercial efforts to comply with the client’s instructions and specifications.
4. Payment Terms
The payment schedule will be outlined in the project-specific agreement, typically including an initial deposit and progress payments.
- All prices are exclusive of GST, which will be added to the final invoice.
- Work outside the agreed scope of the project may be subject to additional charges.
- Payment terms may vary depending on the project and will be agreed upon in writing.
- Late payments may incur interest charges.
5. Intellectual Property
5.1 Ownership and Rights:
- Upon full payment of the project invoice, clients will own the final graphics and visual elements created by Four Stripes.
- Text content, photographs, and other data provided by the client will remain the client’s property.
- Four Stripes will retain ownership of the RAW artwork (original design files).
- Clients will receive a non-exclusive license to use the RAW artwork with the final deliverables.
- Full ownership or expanded rights to RAW artwork can be acquired for an additional fee, which will be no less than 50% of the final cost of the services associated with its creation.
5.2 Archiving and Maintenance:
- Unless explicitly agreed upon in writing, Four Stripes assumes no responsibility for archiving, storing, or maintaining a record of completed work product once it has been delivered to the client.
- If the client requests that Four Stripes search for and re-supply records, the agency reserves the right to charge for these services.
5.3 Handling Client Data:
- When clients provide data on storage devices, it will be assumed that these are duplicate copies of data stored elsewhere.
- Four Stripes assumes no liability for any loss of data that may occur during the handling of such storage devices.
6. Liability and Indemnification
6.1 Limitation of Liability:
- Four Stripes’ liability is limited to the scope of services provided.
- Four Stripes is not liable for losses caused by external factors beyond its reasonable control, such as natural disasters, pandemics, power outages, or internet disruptions.
- Four Stripes is not liable for losses caused by client actions or omissions, including but not limited to delays, errors, or incomplete information provided by the client.
- Clients agree to indemnify and hold harmless Four Stripes from and against any and all legal claims, losses, costs, expenses, and damages arising from or relating to the client’s content, actions, or omissions.
7. Confidentiality and Marketing Use
7.1 Confidentiality Assurance:
- Four Stripes maintains strict confidentiality regarding all client information and project details.
- Only information required by law will be disclosed without prior client consent.
7.2 Use of Work for Marketing:
- Four Stripes retains the right to display completed work in its portfolio and marketing materials, unless the client opts out in writing.
- Clients can opt out of this permission by providing written notice.
8. Force Majeure
Four Stripes is not liable for delays or non-performance due to events beyond its reasonable control, such as natural disasters, pandemics, power outages, or internet disruptions.
9. Dispute Resolution
Any disputes arising from these Terms will be addressed through direct negotiation in good faith. If a resolution cannot be reached, the dispute may be submitted to mediation or arbitration according to Australian law.
10. Termination and Survival
10.1 Termination Conditions:
- Either party may terminate the agreement for any reason with written notice.
- In the event of termination by the client, all outstanding invoices must be paid in full.
- Four Stripes reserves the right to terminate the agreement immediately if the client breaches any material terms of the agreement and fails to cure such breach within 30 days of written notice.
10.2 Survival of Terms:
- Certain provisions of these Terms, including those relating to Intellectual Property, Liability, Confidentiality, and Indemnification, will survive the termination of any agreement between Four Stripes and the client.
11. Changes and Amendments
Four Stripes reserves the right to amend these Terms at any time by posting the revised Terms on its website or communicating them directly to the client. The most current version of the Terms will govern the relationship between Four Stripes and the client.
12. Entire Agreement
These Terms constitute the entire agreement between Four Stripes and the client and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13. Governing Law
These Terms and Services shall be governed by and construed in accordance with the laws of Australia without regard to its conflict of laws principles.
14. Last Updated:
December 7, 2023