Terms & Conditions for engagement of services

The following terms and conditions (hereinafter referred to as the “Agreement”) shall apply to all projects undertaken by ANDYK DESIGN [ABN 40 239 047 480] (hereinafter referred to as the “Designer”) for the named Client (hereinafter referred to as the “Client”). Acceptance of any quote or invoice automatically constitutes acceptance of the terms and conditions outlined herein.

Project Engagement:
  • The Client engages ANDYK DESIGN as an independent contractor for the purpose specified in the attached proposal, quote, or invoice.
  • Accepted quotes require a 50% upfront payment before commencement of the project. Quotes under $250 require 100% payment upfront.
  • Payments for printing or externally sourced software must be made upfront prior to ordering.
Ownership and Release of Artwork:
  • Following final payment, the artwork will be backed up and released to the Client.
  • Every effort will be made to maintain a copy of the original artwork, but it is the Client’s responsibility to download and retain their files.
Scope of Work:
  • Any additional work beyond the scope specified in this agreement must be authorized by a written request signed by both Client and ANDYK DESIGN.
  • Prices specified in this contract will be honoured for 3 months from the date of the contract.
Copyright and Liability:
  • The Client agrees to supply stock and elements for the project and ensures their legality and permission for use.
  • The Client indemnifies ANDYK DESIGN from any liability arising from the use of supplied stock or elements.
  • ANDYK DESIGN will make every effort to ensure no copyright infringements on any stock, design or elements supplied by ANDYK DESIGN for the project, ensuring legality and permission for use.
  • ANDYK DESIGN will make every effort to ensure no copyright infringements on designs but cannot be held liable for perceived similarities in the final result.
Warranty and Alterations:
  • It is the responsibility of the Client to thoroughly check and approve all artwork in writing prior to completion.
  • Alterations (including re-prints) following final approval will be re-quoted as variations.
Project Completion and Cancellation:
  • Both parties must work together for timely completion.
  • If the Client does not provide required materials within 3 months, the deposit will be retained, and the contract may become null and void.
  • Project cancellation will incur costs based on work completed plus any 3rd party fees and subscriptions incurred in full.
Confidentiality:
  • All work by ANDYK DESIGN is done in strict confidence, and relevant information is disclosed only to staff or contractors working on the project.
  • ANDYK DESIGN reserves the right to engage external contractors.
  • All terms remain in place when ANDYK DESIGN is contracted as a 3rd party for any part or the whole of a project.
  • ANDYK DESIGN and any contractors reserve the right to share all designs immediately following completion or termination of contract with her digital and physical portfolio unless specifically requested otherwise by the client.
Payments:
  • Payments must be made promptly based on the schedule provided in the Quote/Invoice.
  • ANDYK DESIGN reserves the right to request progress payments on long-term projects or projects over $2000.
  • ANDYK DESIGN reserves the right to cease work until required payments are made.
  • ANDYK DESIGN reserves the right to require full payment on any overdue monies by the client (irrespective of the related company) prior to any new work commencing.
  • ANDYK DESIGN reserves the right not to release the final artwork or order printing until final payments have been received.
  • ANDYK DESIGN reserves the right to charge an additional surcharge for projects that have an expedited completion date, whether this is added after the original quote or at the time of.
  • Overdue invoices will incur a penalty charge of 10% per annum compounding daily until paid in completion.
Subscription and Hosting Fees:
  • The Client is responsible for any ongoing subscription or hosting fees incurred up to and including the time of written cancellation – regardless on if the service is being used.
  • There will be no pro-rata available on cancellation, and the Client will be invoiced for the full subscription period at the time of written cancellation.
Liability for Downtime:
  • ANDYK DESIGN will not be held liable for any downtime or inability to access third-party hosting, subscription, or software services, including but not limited to online design sharing, website hosting, or email services.

By accepting a quote or invoice from ANDYK DESIGN, the Client acknowledges and agrees to abide by these terms and conditions.