Terms of Service
Lae® standard Terms and Conditions. Please read our Terms and Conditions thoroughly and ensure you understand them before starting a project with us. By requesting designs and services from Lae®, such as graphic design, branding, and concept studio, you agree to our Terms and Conditions and know that you are entering a binding contract – payment is required.
The conditions below have been construed under Australian Law and apply to all individuals, businesses, or companies (Client/s) engaging the services of Lae®, its contractors, subcontractors, and employees (the company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client with the company for services relating to design, printing, copywriting, visual media, websites, brand identity, illustrations, images, and photography (Artwork)
2. These Terms and Conditions are subject to change without notification by the company. If they do change, the company will email you to notify you.
3. These Terms and Conditions apply to the company, its contractors, and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. The Company and the Client will submit an initial consultation at no charge to the Client. This can be held via phone, in person, or our online submission. 2 to 3 samples of the asset(s) requested will be provided based on the project agreement and constructed through the collection items given to create. Edits can and will be made until the Client is satisfied with the product, at no cost to the Client. If the entire design changes from the original sample(s) and requires new samples, the Client is charged $120 per revision.
Payment
5. The Company reserves the right to request a 50% deposit from the Client before starting work on their project or artwork. If the company requests a deposit, an invoice will be generated and delivered to the Client via email, and payment is expected. By remitting deposit funds to the company, the Client accepts the Terms and Conditions and enters into a contract.
6. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the company.
7. The Company will invoice the Client for the project's remaining cost and associated services before commencing website construction or printing. The company reserves the right to proceed with these services once the Client receives payment in full.
8. The Company reserves the right to invoice for work completed if the project exceeds 60 days.
9. The Client reserves the right to request a payment plan, which the company may accept at its discretion. Both parties must agree to all payment plans in writing.
10. All payments are to be made within 30 days of invoicing.
11. The Company is entitled to charge the Client for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid for more than 30 days, starting at 10%.
12. The Company reserves the right to take down websites with accounts with more than 60 days of outstanding payment.
Cancellation and Variation Policy
13. The Company reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered, or further artwork is requested—refer to clause (4).
14. If the Client requests the cancellation of a Contract, The Company will determine the cost of artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project.
a) If the determined monies payable are less than the deposit paid, the company will refund the difference to the Client.
15. If the Client does not respond within 30 days of providing concept Artwork, the company will declare the project completed and determine this artwork as the final accepted artwork. The company will then invoice the Client for the final payment of the total project, and non-payment will result in collection processes. The company may also take legal action to recover all monies owed.
Limitation of liability
16. The Client agrees and accepts that The Company is not legally responsible for any loss or damage suffered or incurred related to the use of any of The Company's services, whether from amendments, errors, or omissions in documents, designs, information, or any goods or services The Company offers us. 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 Company produces, amends, or designs is entirely at your own risk, for which we shall not be liable.
17. The Client is responsible for ensuring that any products, services, or information you use meet their specific requirements.
18. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly excludes liability of The Company for any such inaccuracies or errors to the fullest extent permitted by law.
Submission of Client artwork
19. Clients who submit their artwork, files, and images are solely responsible for the printing result. Customers are reminded to submit print-ready artwork with the correct specifications. We will print the Client's submission as requested; however, the company is not responsible for Artwork mistakes or supplied file errors. There will be no reprints at our expense.
20. Clients are reminded that the bleed cut can vary in position up to 2-3mm when trimming the artwork. Hence, a 7mm internal margin from the bleed line is required if the Client supplies artwork.
21. The Client is responsible for ensuring that any Artwork, images, files, and text submitted do not violate Australian copyright laws. The company and its contractors assume all written and visual content adheres to copyright laws and that all correct permissions have been sought and royalties paid for use.
Copyright
22. Ownership of copyright over all concepts and draft Artwork remains with Lae®. Including but not limited to logos, symbols, compositions, and copy. The Client's unlawful use of these artworks is strictly prohibited. The use of artwork before payment is illegal.
23. For more information, visit http://www.copyright.org.au/information
24. The artwork designed will remain the company's property until the account is paid in full. Future reprint requests of the same artwork will only incur a print management fee. Copyright ownership will be transferred to the Client upon full account payment. Lae® and its designers retain the right to utilize artwork and all design elements for portfolio/self-promotion.
25. The Company does not take responsibility for trademarks of any kind. The Client is responsible for checking trademark laws and existing Trademarks for availability.
Printing
26. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days, depending on the product type. This period commences when the Client approves the Artwork proof and payment.
27. With all printing, there may be color variations from electronic visual representations of artwork and previous orders to the final printed artwork. This is due to the nature of CMYK printing and the bulk-run printing system. There will be no reprints at our expense.
Delivery
28. The Company cannot be held liable for printing damaged, lost, or delayed products when delivered by post or courier. However, the utmost care will be taken to ensure the products arrive on time and undamaged.
Web Site Design
29. The Client agrees to allow the company to add a small credit on the customer's website. This will be in the form of a small line of text towards the bottom of the page.
30. The Client also agrees to allow the company to place websites and other designs, along with a link to the Client's site, on the company's website for self-promotional purposes., unless agreed to by both parties in writing beforehand.
Web Site Design Post-Completion Alterations
31. Upon completion of the website build, the company will provide the Client with an opportunity to review the work. The company will make one set of minor changes at no extra cost within 14 days of submission to the Client for review ('review period').
32. Minor changes include small textual changes and adjustments to the placement of items on the page. They do not involve altering or replacing images, color schemes, or navigation features.
33. Lae® can be notified of any minor requested changes by email. If the Client does not inform the company in writing within 14 days of the start of the review period, the company will consider that the Client has accepted the original draft.
Technological advancements
34. The Company is not responsible if your email addresses are targeted with spam, as this is outside our control. The company is also not responsible if the Client's email account details are attained and used to send spam or malicious material.
35. The Company builds and designs websites to the best of its knowledge at completion time. The company cannot take responsibility if the Client's site is "hacked" or maliciously attacked in form. The company will not be held responsible and is not liable for any loss of income to arise from the Client's website "going down," being hacked, or otherwise. The company does not provide software updates or take responsibility for outdated software. The company does not accept responsibility for any unforeseen technological advancements that may negatively affect any aspects of the Client's site or system.
36. To the extent permitted by law, the company, its directors, and employees at this moment expressly exclude (a) all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or equity; (b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and (c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify the company, its directors, and representatives from and against all actions, claims, damages, liabilities, or costs (including legal expenses) arising from or directly or indirectly related to the provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.
Force Majeure
37. The Company shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the company including but 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.