Terms and Conditions

You the customer, are hiring Jess Cussen Freelance (ABN 75 724 117 061) to create graphic design work such as a logo and/or marketing materials and/or website design for the price displayed on our website (www.jesscussen.com.au) or in a proposed quote. By accepting quotes, your contact details will be stored in Jess Cussen Freelance’s admin system and you will be added as a subscriber to their mailing list. You are able to opt out at any given time.


Logo Design

Concepts: Jess Cussen Freelance will determine the timeframes for initial design concept drafts dependent on their schedule at that time. Logo designs will be submitted for your review via email unless otherwise negotiated. Upon receiving your feedback on these designs, Jess Cussen Freelance will make any needed changes to your designs until you are completely satisfied.

Should the initial design concepts not meet your requirements Jess Cussen Freelance will provide 1 round of additional concepts at no additional cost.

Author’s Corrections: Author’s Corrections are changes made outside of originally supplied content/brief. For example, in your design brief it states that your company is called Darwin House Cleaning, so we base my concept(s) around this wording. Then you change your name and say it’s now called Top End House Cleaning. These changes will be charged as Author’s Corrections at the price of $90.00 per hour + GST.

File Delivery: After the final logo design is approved, the final logo design files will be sent to you as a digital files (.jpg, .pdf, .eps, .png,  graphics file formats suitable for both print and web). A style guide will only we provided if requested and will be charged at an additional cost.

Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Jess Cussen Freelance retains the right to use the final logo, or any versions of the logo created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The client also gives Jess Cussen Freelance permission to use client’s name, and/or website address, for testimonial purposes on her website, or other business related media including social media. The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark.

Payment: In return for the logo design, the client agrees to pay the total fee payable in one payment. The client understands that the final logo design belongs to Jess Cussen Freelance until paid in full. In the event of termination of this Agreement, Jess Cussen Freelance owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Jess Cussen Freelance owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Jess Cussen Freelance reserves the right to display the logo for business promotional use including social media. 

Delays: Illness, injury, or other events beyond Jess Cussen Freelance’s control, such as fire, theft, computer failure, etc. may result in a delay of unpredictable length.

Performance Liability: Jess Cussen Freelance does not warrant that the functions supplied by logo design(s) will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Jess Cussen Freelance be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Jess Cussen Freelance has been advised of the possibility of such damages.

Termination: The client has the right to terminate this Agreement if, Jess Cussen Freelance fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, Jess Cussen Freelance will only charge you their time spent on job up until that point. If the client decides to pull out of Agreement at any point after work concepts have been completed and presented, Jess Cussen Freelance has the right to charge you for their time spent on the project up until that point.


Print Design

Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.

Concepts: Jess Cussen Freelance will determine the timeframes for initial design concept drafts dependent on their schedule at that time. Designs will be submitted for your review via email unless otherwise negotiated. All prices of supplied estimate will include 1 round of changes.

Author’s Corrections: Author’s Corrections are changes made outside of originally supplied content/brief. For example, you supply us with wording and images for a DL flyer and after the first round of amendments (which will be included in the proposed estimate), you decide to change the heading or add in, say, an additional service, this will be charged as Author’s Corrections at the price of $90.00 per hour + GST.

How to avoid Author’s Corrections: Make sure all supplied content is approved before you send it through. Make sure you provide adequate feedback in the first round of changes as it will save a lot of time moving forward.

Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to your business. Jess Cussen Freelance retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Jess Cussen Freelance permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media including social media. The client understands that it is the client’s responsibility to copyright the design and/or seek trademark.

Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. The client understands that the final design belongs to Jess Cussen Freelance until paid in full. In the event of termination of this Agreement, Jess Cussen Freelance owns the design and has the right reuse for another project. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Jess Cussen Freelance reserves the right to display the design for business promotional use including social media.

Stock Photography: Jess Cussen Freelance agrees to provide up to 3 stock photos during any design process. Any photos acquired by Jess Cussen Freelance for inclusion in the client’s work remain the property of Jess Cussen Freelance and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing and charged out to Jess Cussen Freelance.

Working Files and Templates: Jess Cussen Freelance strongly believes in the importance of brand control and shy’s away from supplying working files as there is a high chance of future styling inconsistencies. However, if the client requests the working files to be supplied, they will be charged at 30% of total production cost OR will be charged according to Jess Cussen Freelances discretion dependent on value of product to the client. Jess Cussen Freelance will retain full ownership of original design concept and materials it produced. Jess Cussen Freelance may still use paid-for concepts in its promotional materials and in its design portfolio. Upon payment being received, packaged working files will be handed over and Jess Cussen Freelance will not be responsible or held liable for any textual or colouring errors post print production. Fonts carry individual copyright licensing terms and at no point may fonts be supplied to the client for any reason that may breach copyright or licensing terms. Jess Cussen Freelance will not be held responsible for any in-house printing issues that may arise from supplied word templates.

Delays: Illness, injury, or other events beyond Jess Cussen Freelances control, such as fire, theft, computer failure etc. may result in a delay of unpredictable length.

Termination: The client has the right to terminate this Agreement if, Jess Cussen Freelance fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, Jess Cussen Freelance will only charge you their time spent on job up until that point. If the client decides to pull out of Agreement at any point after work concepts have been completed and presented, Jess Cussen Freelance has the right to charge you for their time spent on the project up until that point.


Web Design

Website Structure: Jess Cussen Freelance uses template based website generators such as Wix and SquareSpace meaning the final product is fully transferable allowing the client to update text and images themselves in future. This, however, does mean that the website structure is fixed and design creativity is limited. Jess Cussen Freelance understands the importance of brand power and will still create a website tailored best to your company’s styling.

Web Hosting: The client agrees to pay Jess Cussen Freelance a yearly subscription of $500.00 +GST* to pay for website, domain name and email hosting for their company. If you’re unable to meet this payment, your subscription will be cancelled and you will no longer have access to your website or emails. *Price as of May 2019. 

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed.

Text Content: We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can outsource and provide a separate estimate for this service.

Author’s Corrections: Author’s Corrections are changes made outside of originally supplied content/brief. For example, you approve our proposed website structure, we set the website up for you and then you decide to change the page flows, this will be charged as Author’s Corrections at the price of $90.00 per hour + GST.

How to avoid Author’s Corrections: Make sure all supplied content is approved before you send it through. Make sure you provide adequate feedback in the first round of changes as it will save a lot of time moving forward.

Stock Photography: Jess Cussen Freelance agrees to provide up to 3 stock photos during any design process. Any photos acquired by Jess Cussen Freelance for inclusion in the client’s website remain the property of Jess Cussen Freelance and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing and charged out to Jess Cussen Freelance.


Payments

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you finished files suitable for print and web and you should keep them somewhere safe.
We are proud of the work we do, so we reserve the right, with your permission, to display your project as part of our portfolio and to write about it on websites, in magazine articles and on social media.

Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

Accepting QUOTES: By accepting the supplied estimate from Jess Cussen Freelance, you accept the above contract.