Terms and Conditions

General Terms

1. These terms and conditions cover all design and development services provided by Jaclyn Tan (the Designer) with the Client.
2. Jaclyn Tan will be referred to as the Designer from hereafter.

Project Commencement

1. The Client will provide the Designer with a creative brief detailing their project, including any relevant assets via the Designer's website or email.
2. All communication and services will be rendered online through email, unless an in-person meeting is requested by either party.
3. Complex briefs will utilise Notion for project tracking.

Quotations

1. Quotes are valid within 30 days of being sent by the Designer.
2. Quotes are based on time estimations and calendar business days (Monday to Friday).
3. The final project fee is not guaranteed until all services are completed, due to potential changes in the project scope after commencement.
4. Any out of scope charges will be notified by the Designer to the Client, and approved by the Client before it is added to the project fee.
5. Additional requests to the original brief can be made by the Client as the project evolves.

Payment

1. The Designer reserves the right to request a deposit from the Client prior to starting work on their project. If a deposit is requested by the Designer, an invoice will be generated and delivered to the Client before work commences.
2. If a deposit is not requested, the Client is considered to accept these Terms and Conditions upon approval of the project proposal sent by the Designer.
3. Payment will be expected within two weeks of any invoice generation.
4. At the finalisation of a project, the Designer will invoice the Client the remaining project fee. The Designer reserves the right to not proceed with the finalisation of services until payment has been received in full from the Client.
5. All payment plans must be agreed to by both parties in writing.
6. All prices quoted on the Designer’s web site are approximate estimations only and excludes GST.

Cancellation of a Contract

1. If the Client requests the cancellation of a Contract, the Designer will determine the cost of any services provided and invoice this amount minus any deposits paid on the project to date.
2. If an ongoing contract is cancelled in the middle of a cycle, the Designer may continue to work for the Client for the remaining days that have been paid for, if requested.

Approval and Revisions

1. The Client is held responsible for approving all services rendered. It is the responsibility of the Client to request any changes required.
2. The Client’s written approval by email is required before a project moves into final production. There will be no reprints or web development at the Designer's expense if any changes or errors arise after the final outcome has been delivered. The Client shall not hold the Designer responsible for all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to the provision of the Designer's services.
3. Upon completion of a project's final production phase, the Designer will provide the Client with an opportunity to review the completed project. Excessive changes, changes outside of the agreed upon project scope, or changes requested after the review period may result in additional fees.

Liability

1. The Client agrees and accepts that the Designer is not legally responsible for any loss or damage suffered or incurred related to use of any of The Designer's services, whether from amendments, errors, or omissions in documents, designs, websites, templates, information, or any goods or services offered by the Designer. This includes the Client's use or reliance on any third party content, links, comments or advertisements. The Client's use of, or reliance on, any information or materials the Designer produces, amends or designs is entirely at the Client's risk, for which the Designer shall not be liable.
2. The Client acknowledges that any material produced may contain inaccuracies or errors and expressly excludes liability of the Designer for any such inaccuracies or errors to the fullest extent permitted by law.
3. The Designer cannot be held liable for physical products that are damaged, lost or delayed when delivered by post or courier.
4. The Designer shall not be liable for any failure or delay in supply or delivery of services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Designer. This includes but is not limited to war, 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.
5. The Designer cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.
6. The Designer builds and designs websites to the best of their knowledge at the time of completion. The Designer cannot take responsibility if the Client’s site is “hacked” or maliciously attacked in form. The Designer will not be held responsible and is not liable for any loss of income to arrise from the Client's website “going down”, being hacked or otherwise. The Designer does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Designer does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.

Copyright

1. The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide the Designer with, and will not hold the Designer responsible for any third-party claims. By entering into a contract with the Designer, the Client acknowledges that all assets provided adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
2. Ownership of copyright over all concepts and drafts remains with the Designer. This includes, but is not limited to; logos, symbols, compositions, and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
3. Any Artwork designed will remain the property of the Designer until the account is paid in full. Upon full payment of an account, copyright ownership will be transferred to the Client. The Designer retains the right to utilise Artwork and all design elements for portfolio/self-promotion.
4. The Designer does not take any responsibility for Trademarking of any kind. It is the Client's responsibility to check trademarking laws and existing Trademarks for availability.
5. The Client may agree to add a small credit to the Designer on their project for a reduced project fee.