Terms & Conditions for engagement of services

These terms and conditions (the Agreement) apply to all projects undertaken by ANDYK DESIGN [ABN 40 239 047 480] (the Designer) for the named Client (the Client). By accepting any quote or invoice, the Client agrees to the following.

Project Engagement

  • The Client engages the Designer as an independent contractor for the purpose outlined in the proposal, quote or invoice.
  • Accepted quotes require a 50 percent upfront payment before the project begins. Quotes under $250 require 100 percent upfront.
  • On request, and for larger or staged projects, the deposit amount may be reduced and instead invoiced on a per stage, per piece or percentage completed basis as agreed in writing prior to the project commencing.
  • Payments for printing or any externally sourced software, hosting or subscription services must be made upfront before ordering.
Ownership and Release of Artwork
  • Final artwork files will be backed up and released to the Client once final payment is received.
  • The Designer will make every effort to retain copies of original artwork, however the Client is responsible for safely storing all supplied files.
Scope of Work
  • Any work outside the agreed scope must be requested in writing and approved by both parties.
  • Prices quoted will be honoured for 3 months from the quote date.
  • Revisions are unlimited provided they remain within the agreed project scope, are submitted before the final finishing stage begins and are provided within a reasonable timeframe.
  • Standard file formats relevant to the project will be supplied at no additional cost. Requests for additional or specialised formats outside standard deliverables may be quoted separately.
Copyright and Liability
  • The Client agrees to supply legal and licensed content and is responsible for securing any required permissions.
  • The Client indemnifies the Designer against any liability arising from Client supplied content.
  • The Designer will make every effort to ensure all stock and design elements provided by the Designer are legal and licensed.
  • The Designer will take reasonable care to avoid copyright issues, but cannot be held liable for coincidental similarities in final artwork.
Warranty and Alterations
  • The Client must thoroughly check and approve all artwork in writing before completion.
  • Any alterations or reprints requested after final approval will be re-quoted and treated as variations.
Project Completion and Client Delays
  • Both parties agree to work together to meet project deadlines.
  • Deadlines depend on the Client providing required content, approvals and feedback on time. Client delays may result in revised delivery dates or additional fees.
  • If the Client does not provide required content or approvals within 3 months, the deposit will be retained and the agreement may be terminated.
  • If the Client cancels the project, costs for work completed, plus any 3rd party fees or subscriptions, will be invoiced in full.
Creative Direction
  • The Client acknowledges that the Designer works to professional standards and will advise if a requested change may negatively affect the quality, integrity or legal suitability of the final work.
  • If the Client chooses to proceed with a direction against the Designer’s professional recommendation, the Client must confirm this instruction in writing.
  • In these cases, the Designer may request that her name, business name or portfolio references are not attached to or associated with the final work.
Meeting and Communications Boundaries
  • All project communication must occur via the agreed contact method, such as email, Asana or other nominated platforms.
  • Requests, approvals and alterations provided through social media messages, SMS or informal channels may not be monitored and are not considered official instructions.
  • Meetings, calls or extended discussions outside the agreed project scope may be billed at the Designer’s hourly rate.
  • The Designer is not required to respond to communication outside reasonable business hours unless previously arranged.
  • Quick chats or informal conversations will not override written scope or approvals unless confirmed in writing by both parties.
  • If instructions, changes or approvals are provided by a third party, the Designer will confirm these with the original authorised Client contact before proceeding. Work will not continue until written confirmation is received from the authorised Client.
Digital Platform Access and Removal of Access
  • The Client must provide the Designer with any necessary access to digital platforms, websites, accounts or tools required to complete the project.
  • The Client is responsible for maintaining login security and notifying the Designer of any access issues.
  • At the end of the project or contract, the Client must remove the Designer’s access to all platforms.
  • The Designer is not responsible for any changes, damage or issues occurring within the Client’s accounts after access has been removed.
Force Majeure Clause
  • Neither party will be liable for delays or inability to complete work caused by events outside their reasonable control including illness, accident, technical failure, natural disaster, transport issues, internet outages, platform failures or other unforeseen circumstances.
  • In such cases, both parties will agree on a reasonable extension or adjustment to timelines.
Confidentiality
  • All work is completed in confidence. Information is shared only with staff or contractors directly involved in the project.
  • The Designer may engage external contractors where required.
  • These terms apply whether the Designer is contracted directly or as a 3rd party.
  • The Designer and contractors may display completed designs in their portfolios unless the Client requests otherwise in writing before project completion.
Payments
  • Payments must be made according to the invoice or agreed schedule.
  • The Designer may request progress payments for long term projects or projects over $2000.
  • Work may be paused until overdue payments are received.
  • All overdue accounts including linked companies must be paid in full before new work begins.
  • Final artwork and printing will not be released or ordered until full payment is received.
  • Urgent turnarounds may attract an additional surcharge.
  • Overdue invoices incur a penalty charge of 10 percent per annum compounding daily.
Subscription and Hosting Fees
  • The Client is responsible for all active subscription or hosting fees up to the date of written cancellation.
  • No pro rata refunds are available. The full subscription period will be invoiced at the time of written cancellation.
  • Third party subscriptions will be cancelled if payment is not received by the expiry date.
  • Additional fees may apply to reactivate services or retrieve backups from cancelled or expired subscriptions.
Social Media Services

These terms apply when the Client engages the Designer for social media creation, scheduling or management.

Access and Permissions

  • The Client must provide full access to their social media accounts, scheduling tools or required platforms.
  • The Client is responsible for maintaining the security of their accounts and notifying the Designer immediately of any access issues.

Content, Approvals and Publishing

  • A shared content calendar will be provided for all ongoing social media work.
  • If the Client does not provide written changes within 72 hours, the content will be considered approved and scheduled.
  • If the Client provides insufficient information, the Designer may create substitute or supplementary content to maintain agreed posting frequency.
  • Urgent changes requested after content has been scheduled may incur additional fees.
  • The Designer is not responsible for the Client’s marketing results, sales performance, engagement levels or business outcomes related to any design or social media services.
  • The Designer is not responsible for platform moderation decisions, content flags, removals, algorithm changes or AI generated copyright warnings.

Ongoing Social Media Contracts

  • Social media services operate on a monthly contract unless otherwise specified.
  • Payment must be made prior to the beginning of each month.
  • Posting may be paused if payment is not received on time.
  • Either party may terminate the contract with 30 days written notice.
  • Work completed up to the termination date will be invoiced in full.
Advisory, Mentoring and Coaching Sessions
  • Advisory, training and coaching sessions are billed per session or per package as agreed.
  • Payment must be made prior to each session unless otherwise arranged.
  • Advice is provided based on professional experience, however all business decisions remain the Client’s responsibility.
  • The Designer is not liable for business outcomes arising from advice provided.
  • Missed or cancelled sessions with less than 24 hours notice may be charged in full.
  • Session notes, templates and resources remain the intellectual property of the Designer. They may be used by the Client for their own business but must not be resold or distributed.
Liability for Downtime
  • The Designer will not be held liable for downtime or inability to access third party services including, but not limited to, software, hosting, email or online design or social media platforms.
Acceptance

By accepting any quote or invoice from ANDYK DESIGN, the Client acknowledges and agrees to all terms and conditions listed above.