designing life.
Terms and Conditions
Welcome to Lori Marilyn's creative realm, where trust and honesty fuel our client relationships!
Below, you'll find our Terms and Conditions, designed to guide you through our professional services and ensure clarity in our collaboration. Throughout this document, we may refer to Lori Marilyn as 'we' or 'us', while addressing you as 'the client' or 'you'. It's crucial to familiarize yourself with these terms before diving into any project with us. Please note that these terms may be subject to occasional updates, so feel free to reach out to us if you have any questions.
Commencement of Work
By sharing your design brief, instructing us to commence work, making a deposit, or signing a service agreement, you signify your agreement to these Terms.
Payment Terms
To initiate your design project, a 50% deposit is required. This deposit is non-refundable once work begins. We strive to exceed your expectations, but in the event of a "change of mind," the initial deposit is forfeited. Full payment is required before final files are released.
Customized terms can be tailored for recurring projects or engagements on a retainer basis.
Design Samples
The client agrees to allow Lori Marilyn to showcase our collaboration in our portfolio. Lori Marilyn acknowledges the confidential nature of certain projects and agrees to only display project work once product, website, prospectus and alike has been publicly launched or initiated.
Fees for Service
Our fees are based on initial estimates, but additional work beyond the quote may incur extra charges, which we'll discuss with you beforehand.
Foundational Packages and Complimentary Revisions
Essential design package (Estimated completion time: under 12 hours). 3 Sets of amends are included, thereafter hourly rate applies.
Evolve design package (Estimated completion time: under 24 hours). 6 Sets of amends are included, thereafter hourly rate applies.
Elevate design package (Estimated completion time: under 36 hours). 9 Sets of amends are included, thereafter hourly rate applies.
These are our foundational packages. This serves as a rough pricing and inclusion guide. Estimates are customised for each project.
Excess Work
Any additional work outside the original scope will be subject to additional costs, agreed upon in writing.
Publication and/or release of work performed on behalf of the client by Lori Marilyn may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non refundable once work has commenced, if the contract is terminated by the client.
Approval of Final Artwork
We take care to avoid errors, but final approval rests with you. Once approved, changes may delay delivery and incur additional fees.
The client is kindly reminded of their responsibility to carefully review and approve all final copy before proceeding with the production of artwork. Please note that once a final design has been approved and sent to print, refunds or reprints cannot be accommodated for oversights during the client's proofreading process.
Print Returns and Refunds
Once the final product is approved by the client, Lori Marilyn is not responsible for any errors in the finished product. Any changes made after approval are the sole responsibility of the client. It is essential for the client to notify Lori Marilyn of any errors during the revision cycle, before the final files are generated.
Print Colour Variations
Please note that there may be slight color variations between what you see on screen and the final printed product or previous orders. This is inherent in CMYK printing and cannot be entirely avoided. For utmost color accuracy, we recommend attending a press check to approve the print material before production. This should be arranged in advance and may involve additional costs.
Copyright
Lori Marilyn retains copyright on the overall design and materials created. Upon receipt of final payment for your project, ownership is transferred to you, and you may use the designs and code.
You are responsible for ensuring the copyright compliance of all materials you provide to us. Until final payment, Lori Marilyn retains ownership of all artwork and website architecture, including certain elements like RAW files, fonts, patterns, and stock images.
In accordance with the Australian Copyright Act (1968), the licensing of copyright requires mutual agreement between the client and designer. Copyright remains with Lori Marilyn until such an agreement is reached. We reserve the right to utilise all artwork and concepts to promote Lori Marilyn, unless otherwise specified in writing.
Goodwill
Each project assumes goodwill from both Lori Marilyn and the client regarding:
What can reasonably be achieved in a given time frame
Making best use of resources to achieve the most effective outcomes
Confidentiality
Your privacy is paramount, and our team is committed to keeping your information confidential.
Force Majeure
Lori Marilyn shall not be liable for delays caused by circumstances beyond control, including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Liability & Litigation
While we strive for legal compliance in our work, we do not accept liability for indirect losses, such as loss of profit, contracts, or economic loss.
Our liability is limited to direct losses associated with remedial costs of supplies, excluding claims for delays, out-of-sequence working, and non-productive overtime. Third-party liability is excluded unless agreed upon in writing.
Termination Policy
If the client cancels a project after it has begun, the advance payment (deposit) will be forfeited to Lori Marilyn to cover incurred design, administration, and resource costs. If the project is over 50% completed, a pro-rata payment will be required for the work done until cancellation.
If a project is cancelled by Lori Marilyn, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner if work has not commenced.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork shall be retained by Lori Marilyn and all work to date will be paid for.
Late Payments and Default
Accounts overdue by 60 days will incur a $20 late administration fee. Additionally, accounts outstanding after 60 days from the invoice date will accrue a late payment fee of 5% of the total costs per month.
An account is considered in default if unpaid for 60 days from the invoice date or if the client expressly states non-payment intentions. Lori Marilyn may suspend services and employ debt collection measures until the balance is settled.
Service suspension does not absolve the client of payment obligations. Files hosted externally will be held until payment or for 30 days after full invoice settlement.
Clients in default agree to cover legal expenses and third-party collection fees.
Lori Marilyn reserves the right to reuse or resell work in the event of payment default, with no liability for loss of income or damage to the client.
Disclaimer
Graphic design, web design, illustration, video, TVC, photography, strategy, and marketing are all profoundly creative and subjective art forms. At Lori Marilyn, we meticulously handle professional advice and creative concepts, striving to meet your expectations. However, we cannot be held responsible for variations between your envisioned outcome and the final result. Our ultimate aim is to assist you in achieving your business objectives while fostering a mutually beneficial relationship.
General Provisions
These Terms are governed by the laws of New South Wales and subject to its jurisdiction. Invalidity of any provision does not affect the validity of the remaining provisions.
By proceeding with our services, you acknowledge and accept these Terms. Should you have any questions or concerns, please don't hesitate to contact us. Let's embark on this creative journey together!