Terms and Conditions | Wild Seed Design

WILD SEED DESIGN TERMS & CONDITIONS

Terms & Conditions

1. ‘Wild Seed Design’ is Kim Ryan trading as Wild Seed Design.

2. ‘The Client’ is the party making a booking for design related services from Wild Seed Design.

3. ‘An Order’ is the request for services from Wild Seed Design.

4. ‘The project’ is a term used to describe service from Wild Seed Design.

The terms and conditions apply to all dealings between The Client and Wild Seed Design. By placing an order with Wild Seed Design, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

QUOTATIONS

All quotes are valid for 14 days only.
All prices are excluding GST.
All prices are in Australian Dollars.
Any additional work outside the terms of the quote will be charged at an hourly rate of $100 per/hour +GST.
Wild Seed Design is not responsible for increases in materials by third-party services (eg printers, packaging suppliers,web developers) where the increases are beyond our control.

PAYMENTS

A 50% non-refundable booking deposit is required before starting any branding, design and illustration projects over $1001 (ex GST).
All branding, design and illustration projects projects under $1000 (ex GST) are to be paid in full upfront.
All web design design and development projects to be paid in full upfront no matter what the project cost.
All overseas clients are required to pay 100% upfront regardless of the project price.
Payments are to be made by bank deposit transfer for Australia only. PayPal is only available for overseas customers.
PayPal payments will incur their 2.9% fee which is passed onto The Client.
All invoice terms are 7 business days from the date of the invoice for regular long-termed Clients which I have offered.
Accounts that are not paid on time will incur a late administration fee of $50 + GST.
Accounts that remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the project's costs for each week payment is outstanding.
Once artwork has been approved, the remaining 50% of invoice is due promptly within 7 days.
Final artwork files will not be handed over until the invoice has been paid in full.
All printing invoices must be paid prior to sending the artwork to print.
For regular clients, all work not completed within a 1 month period will be invoiced regardless.
Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. An invoice will be issued as ‘work to date’.
If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors).

CANCELLATION

The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Wild Seed Design, any deposit paid prior to cancellation will be non-refundable.
Wild Seed Design may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Wild Seed Design cancels this Agreement, Wild Seed Design will provide any artwork completed if the Client wants this and it covers what the deposit has paid for. If the project is nearly completed and the Client wants all artwork files, full payment will be required.

BRIEF QUESTIONAIRE

All briefing questions are to be answered thoroughly. Any vague answers such as “I don’t care” “whatever you think” “I dunno, whatever” etc, won't be accepted.

CONTENT REQUIRED

Projects won't begin until all content (copy and images) has been received.
Wild Seed Design has no obligation to review or monitor any material submitted by you for a project to us and you must not assume that we will do so.
If there are delays on providing content by the Client's set start date, their project will be put on hold until an available project date is available again to commence and there will be a $250+GST fee to restart the project again.
Wild Seed Design reserves the right to reject images that will lower the integrity and quality of the project and selfies will be rejected. Images taken from the internet and low resolution files will not be accepted. All images to be high resolution - 300 dpi only.

PROJECT DELAYS

If for any reason the Client needs to delay our project due to illness or a family emergency, we will need to reschedule your project into our queue behind the other clients in our waiting list. Please let us know as soon as possible. If for any reason we don’t hear back within 7 days after we require feedback from you, we will cancel your project. In order to resume your project, you will need to pay a restart fee of $250+GST and be placed back in our queue behind our other client projects.

COMMUNICATION

Wild Seed Design is an online business therefore the majority of our communication is made via email, this helps us keep track of specific design requirements and any changes required.
We expect regular and prompt communication for all projects.
If you would like to chat with us on the phone, Zoom or Facetime we are happy to do so, however, we ask that you please email us andmake an appointment for a time to chat.

WEBSITE DEVELOPMENT & DESIGN

Wild Seed Design only used the WIX platform to develop websites for clients.
You may only register and use the website if you are at least 13 years old, and if you are between 13 and 17 years old, your registration must be created on your behalf by your parent or legal guardian.

GHOSTING BY THE CLIENT

Once a design project is presented to the client, I expect a reply back within a short period of time with changes or approval (within 1-2 weeks or as per the Welcome Kit timeframe guide). I will follow up but if I have not heard back from the client and there is no communication after 1 month from the last date of correspondence, the design project will be closed. My time is valuable and I don't want to keep sending follow up emails with no replies back.
Once the project has been closed and the client returns to make changes, additional costs will be incurred to reopen the design job and make these changes. However, Wild Seed Design has the right to not complete the artwork and end the contract between the Client and the Designer.
If there are 50% fees still outstanding on the invoice, no design files will be given to The Client until the full payment is made within 7 days.
No refunds will be given if the invoice has already been paid in full.

The Client assumes full copyright and reproduction rights upon full payment only on the one concept they approve only.
Wild Seed Design retains personal rights to use completed projects and concept artwork for the purpose of marketing Wild Seed Design.
All images displayed on the Wild Seed Design website, Facebook page, Instagram or other pages are subject to copyright, and must not be copied or used without full permission from Wild Seed Design and the Client. Any breach of copyright will result in legal action being taken as necessary.

NO GUARANTEES

Wild Seed Design cannot guarantee the outcome of design services and the client’s comments about the outcome are expressionsof opinion only.
The Client acknowledges that Wild Seed Design cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Wild Seed Design.
Clear and concise communication is then needed to rectify the designs so they suit your vision.
Additional costs may be incurred if the design project presented was suitable for your brief supplied. If you have a change of mind to the vision or want a different idea for the project, then additional costs will be incurred to create a totally new concept.
Any advice provided in words or verbally by Wild Seed Design, is taken or used by the Client at their own discretion.

OUR RIGHT TO SUSPEND PROJECTS

We sincerely request that you trust us to do the job you are paying us, Wild Seed Design, to do. Client shall take our suggestions, and ideas, as something that was expertly researched to be in client's best interests. We take pride in our work, and while suggestions and productive requests are more than welcome, we are not art-workers, therefore, any form of micro-managing, or forced art direction during the development of the Project will not be tolerated.
We reserve the right to suspend any project if the Client: interferes with excessive micromanaging, rudeness and uncalled behaviour towards Designer, demonstrates a continued lack of trust and inability to move forward after Designer shows more than a reasonable number of unique ideas/concepts that fit the contract and agreement provided once we started the project and/or shows reluctance in paying the final payment / not respecting any additional costs and hourly fees accumulated by Clients indecisiveness that may cause delays on project finalisation.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Wild Seed Design.

DO NOT SHOW CONCEPTS TO THIRD PARTIES

Trust and honour the process between yourself and me, the professional designer. Your concepts are created after one on one conversations on how you want your branding / design to be, who your ideal market is, your vision and an in-depth brand strategy. We have done the work together with conceptualising from the start, so together we will be clear on the outcome. When you start to bring in more than one voice it can be confusing and you may be asking the wrong target audience and people who don't understand your product or service. This can cause the design to go off track, becoming delayed and confused. So you agree to not show our work in progress (concepts) on social media (this includes posting into Facebook groups), asking the public to “weigh in” on designs or to every family member and friend you know. Trust me, your experienced designer, the brand strategy, and the work we have done together. This not only delays the process but the concepts that are unused remain the intellectual property of Wild Seed Design so these are not to be shown as well.

DESIGN CHANGES

With all design projects, Wild Seed Design will mention the number of revision rounds you will have and this is stated in the Welcome Kit and your invoice. 'Revisions/changes' are classed as minor alterations to the text or graphics only.
If you have major changes or want to see additional concept/s after you have seen the proof as you have changed the direction of the project after seeing it, from what was clearly stipulated in your design brief of what you were after, then this is classed as a 'major' change and additional costs will be incurred for my time to change and present a new concept proof/s. You will be quoted prior to commencing these changes.
If the Client changes the total direction from the brief originally provided after the design or logo/brand concepts have been presented, there will be an 80% of the original price to accommodate the scope shifting. Wild Seed Design needs to start again and I will require a new brief to be completed, 1:1 chats are required, Pinterest board if application and the strategy process will need to be completed again.

UNUSED CONCEPTS

All unused concepts belong to Wild Seed Design and we have full use of these to use for other clients projects or for commercial purposes (resell as premade logos on Etsy or other creative market places).
If the Client wants to purchase an additional logo, collateral marketing file or graphic within their design project, additional costs will apply to own the rights to that design file. This will be quoted.

USING DESIGNS IN WAYS OTHER THAN INTENDED

If Wild Seed Design creates illustrations or designs intended for a particular purpose and the Client wants to use the file to create further online selling products or use the design in another way, the Client needs to contact Wild Seed Design immediately for them to provide a transfer of copyright or issued a licence for the work’s use in particular ways, or the Client will be in breach of our Wild Seed Design copyright. Additional costs for this transfer of copyright / licensing will apply.
All logo / brand files will automatically have the transfer of copyright to the Client once the project is completed.

DESIGN CREDIT

The Client allows Wild Seed Design to display any projects on the Wild Seed Design website/ Facebook page/ Instagram and portfolio for self-promotion purposes.
The Client agrees to allow Wild Seed Design to credit design work on all websites designed by Wild Seed Design.
Wild Seed Design will wait until the Client has launched their project or business before sharing on our website or social media.

TURNAROUND TIMES

Wild Seed Design will make every effort to meet deadlines. All quoted turnaround times are approximate.
Wild Seed Design will not be held responsible or liable for any costs resulting from late artwork proofs if the Client has not provided text or images or feedback to a project.
Wild Seed Design expects regular communication throughout the design project from the Client. Wild Seed Design does not take responsibility if the project is required quickly but the client lacks communication and the project takes a lot longer than anticipated.
Wild Seed Design does not take responsibility for third parties like printers and couriers/Australia Post. They have their own production and turnaround times and I can give approximate times when asked by the Client.

PRINTING

Wild Seed Design offers a printing service for most design products. When design work is created by a third person/business, then additional costs will be charged to check the file to make sure it is print suitable.
Wild Seed Design uses professional print businesses within Australia. Many of these businesses, I have used for over 15 years and I trust their printing and customer service. However human errors can happen so Wild Seed Design will work with the print business to rectify any print issues immediately to get the desired project outcome.
If you, the Client, wants to print with your own chosen print business - in Australia or overseas, always make sure you receive a printed test proof for you to double-check and approve prior to printing. Wild Seed Design does not take responsibility for any print, file errors or delays occurred with unknown print businesses that you have chosen to deal with directly yourself.

APPROVAL

Approval is required for all projects, via email prior to work being released.
Whilst all care is taken by Wild Seed Design, Wild Seed Design is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Wild Seed Design, it is The Client’s responsibility to proofread and check thoroughly their projects to identify any errors prior to approval.
Once approval is made and design files are released to the client, the project is deemed finalised. If changes are requested after artwork files have been sent to the client, then additional costs WILL apply to make these changes, proof again and if it is for a brand project, an additional $100.00+GST to recreate all the file formats and style guide again.

IMAGES

Some designs may contain stock images that are available for purchase at additional costs.
Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Wild Seed Design is not responsible for colour variations in conversion from RGB to process CMYK.
Wild Seed Design is not responsible for the reproduction quality of the supplied images.
Wild Seed Design will advise when images are not suitable for printing or web.
Wild Seed Design will not use images taken from the internet and don't have a license to use them.

CLIENT ARTWORK FILES

Project files will be sent to the Client via We Transfer for them to download. The link expires within 7 days, so prompt downloading is required. If Wild Seed Design needs to resend again, additional costs may apply.
Once the project design files have been sent to the client, the Client will make back-up copies of these files. They are now the Clients responsibility to keep them safe.
If the Client requires Wild Seed Design to resend artwork files again to you, then additional costs will apply to invoice, retrieve off backup and send via We Transfer. This will be $100+GST for my minimum hour charge time.
Due to data storage space and costs, if Wild Seed Design has not heard from the Client within 3 years from the last design project, all artwork files will be removed from the server.

COLOUR MATCHING & PRINTING

Whilst all care is taken, Wild Seed Design does not take responsibility for Client supplied artwork that does not print properly.
Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of the final printed piece.Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYKprinting process.
Trimming can vary from printer to printer.

FONT LICENCES

Your font license to create your own independent design is an additional cost and you’ll want to budget a one-off fee for your brand’s premium fonts (desktop + web font files). Wild Seed Design can provide web links to the fonts to purchase upon request.