Terms and Conditions
Thank you for choosing Bilby Creative for your graphic design needs. Please find below the standard Terms and Conditions of Bilby Creative. We kindly request that you thoroughly review and understand these terms before initiating any project with us. By requesting designs and/or services from Bilby Creative, you acknowledge and agree to be bound by our Terms and Conditions. Please be aware that this constitutes a binding contract, and payment is required for services rendered.
Terms and Conditions of Agreement
Services Offered
1.0. Bilby Creative offers graphic design services including but not limited to logo design, branding, digital illustration, print design, and web design.
Original Visual Brief and Guarantee
2.0. Bilby Creative and the Client will attend an initial consultation at no charge to the Client, whether conducted over the phone, email or video conference. During this session, a Visual Brief will be created by gathering visual references, aiding in assessing and shaping the Client’s business design needs.
2.1. If a specific delivery date for the final Artwork is not established and documented during the initial consultation, payment will be due as outlined in clause (6.0). The duration between the consultation and the delivery of the final Artwork will not affect the obligation to make payment upon invoicing.
Client Responsibilities
3.0. The Client is responsible for providing clear and timely communication, necessary materials, and feedback throughout the design process. Delays caused by the Client may affect project timelines and deadlines.
Intellectual Property
4.0. All original design concepts and materials created by Bilby Creative remain the intellectual property of Bilby Creative until full payment is received. Upon payment, the Client will have full ownership rights to the finalized designs. Bilby Creative reserves the right to display and promote completed work in portfolios and marketing materials, unless otherwise noted in project proposal or contract.
Quotations
5.0. Quotations are generated by Bilby Creative on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work beyond the original Visual Brief is requested.
Payment
6.0. Payment terms will be outlined in the project proposal or contract. A deposit may be required before work begins, with the remaining balance due upon completion of the project. Late payments may incur additional fees.
6.1. The Client reserves the right to request a payment plan which may be accepted by Bilby Creative at its discretion. All payment plans must be agreed to by both Parties in writing.
6.2. All prices charged by Bilby Creative will include taxes where deemed necessary.
6.3. All payments are to be made within 14 days of invoicing.
Revisions
7.0. The Client is entitled to a specified number of revisions as outlined in the project proposal or contract.
7.1. Bilby Creative will not charge for additional revisions of Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided). Additional revisions beyond the initial brief could incur supplementary charges.
7.2. Bilby Creative reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief or further Artwork is requested.
Delivery
8.0. Finalized design files will be delivered in the format specified in the project proposal or contract. Bilby Creative is not responsible for any errors or discrepancies that occur after final approval of the designs.
8.1. If the Client does not respond within 30 days after Bilby Creative provides a concept Artwork, Bilby Creative will consider the project concluded, and this Artwork will be deemed as the final accepted version. Subsequently, Bilby Creative will send an invoice to the Client for the total project payment, and failure to pay may prompt collection procedures. Bilby Creative reserves the right to pursue legal action to retrieve any outstanding payments.
Approving Proofs
9.0. The Client bears the responsibility of reviewing and approving all Artwork proofs, ensuring their accuracy and appropriateness. This encompasses various aspects such as design, colour, spelling, grammar, illustrations and images. If the proof is challenging to read or modifications are necessary, it is the Client's duty to request modifications.
9.1. The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction.
Confidentiality
10.0. Bilby Creative agrees to keep all Client information and project details confidential. Likewise, the Client agrees to keep any proprietary information shared by Bilby Creative confidential.
Termination of Contract
11.0. Either Party may terminate the Agreement within 10 days with written notice. Bilby Creative reserves the right to terminate services if the Client breaches the terms of the Agreement or fails to make payments as agreed.
11.1. If the Client requests the termination of a Contract, Bilby Creative will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
11.2. If the determined fees payable is less than the deposit paid, a refund will be issued by Bilby Creative to the Client for the difference.
Copyright and Trademark
12.0. Ownership of copyright over all concepts and draft Artwork remains with Bilby Creative. This includes, but is not limited to; logos, symbols, graphic designs, illustrations and compositions. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
12.1. Bilby Creative will retain ownership of any artwork designed until the account is settled in full.
12.2. Bilby Creative does not assume responsibility for trademarking of any sort. It is the Client's responsibility to verify trademark laws and the availability of existing trademarks.
Liability
13.0. Bilby Creative is not liable for any loss, damages direct or indirect, incidental or consequential, arising out of the provision of graphic design services, including but not limited to errors, omissions, delays, or interruptions in service, loss of data, loss of profits, or any other financial or commercial loss, or legal claims arising from the use of the design work provided. The Client agrees to indemnify and hold Bilby Creative harmless from any such claims.
13.1. The Client acknowledges that Bilby Creative’s liability is limited to the total amount paid by the Client for the specific graphic design services rendered. Bilby Creative shall not be liable for any damages exceeding this amount.
13.2. The Client understands that Bilby Creative shall not be held responsible for the accuracy, legality, or content of any materials provided by the Client for use in the graphic design services.
13.3. Bilby Creative shall not be liable for any delays or failures to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, or government regulations.
13.4. The Client agrees to indemnify and release Bilby Creative, its employees, agents, and subcontractors from any claims, losses, damages, liabilities, costs, and expenses, including attorney's fees, arising from or related to the utilization of the graphic design services provided by Bilby Creative.
13.5. This liability clause shall survive the termination or expiration of any Agreement between the Client and Bilby Creative.
13.6. By engaging Bilby Creative’s services, the Client agrees to the terms outlined in this liability clause.
Governing Law
14.0. This Agreement shall be governed by and construed in accordance with the laws of Quebec. Any disputes arising from this Agreement shall be resolved through arbitration in Quebec.
By engaging with our services, you acknowledge that you have read, understood, and agree to abide by these terms and conditions. If you have any questions or concerns, please contact us at team@bilbycreative.com
Bilby Creative
Date: 05-12-2024