Terms and conditions

1. Accepting these terms

By accessing or using our website, services, or products, you agree to comply with and be bound by these Terms and Conditions. The scope of services provided will be outlined in a separate agreement or proposal specific to each client engagement. Your quote, proposal/scope of works, invoice and any agreed written changes form part of our agreement.

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Your continued use of the website will represent an agreement by you to be bound by the terms and conditions as amended.

2. Quotes and project scope

Your quote will explain what is included in your project, the price and any relevant timeframes, deliverables or revision limits. Quotes are valid for the period stated on the quote. If no period is listed, the quote will remain valid for 30 days. Anything not listed in the accepted quote is outside the original project scope. If you request additional work, we’ll let you know about any extra costs or changes to the timeline before continuing.

3. Prices and payments

All prices are listed in Australian dollars. GST will only be added where applicable and will be clearly shown on your quote or invoice. Payment for services must be made in accordance with the terms outlined in the relevant agreement or invoice. Unless otherwise agreed, payment is due within 7 days of the invoice date. Services priced at $200 or more require a 50% deposit before work begins. The remaining balance is due according to the payment schedule shown on your invoice. Services under $200 require payment in full before work begins unless otherwise agreed in writing. In the event of non-payment, we reserve our right to suspend or terminate services until payment is received in full.

4. Deposits and client cancellations

If you need to cancel a project, please let us know in writing as soon as possible.

Before work begins

If you cancel before work has begun, any amount paid will be refunded less any non-refundable third-party costs, materials purchased for your project and reasonable costs already incurred in preparing for the work.

After work begins but before final approval

If you cancel after work has begun, your deposit and any other payments made will be applied to work completed, project preparation, time reserved for your project, materials purchased and non-refundable third-party costs. If the amount you have paid is more than these reasonable costs, the remaining balance will be refunded. If it is less, we may invoice you for the outstanding amount.

After final approval or once printing, production or third-party services have been ordered

Once you have approved a final proof in writing, or we have ordered printing, production, advertising, photography-related costs or another third-party service on your behalf, you are responsible for all work completed and all costs committed up to the cancellation date. Payments for approved design work, ordered materials and non-refundable third-party costs will not be refunded.

After final files or completed deliverables are supplied

Once final files, completed deliverables or agreed access have been supplied, payments for the completed work are non-refundable. Nothing in this section excludes or limits any rights or remedies you may have under the Australian Consumer Law.

5. Your responsibilities

Good work is a team effort. To keep your project moving, you agree to:

• Provide accurate information, content and feedback

• Supply requested files in suitable formats and quality

• Respond within agreed timeframes

• Review proofs carefully

• Tell us promptly if your requirements change

• Ensure you have permission to use anything you supply

• Nominate 1 main contact where a project involves several people

• Communicate respectfully throughout the project

If information, content, approvals or feedback are delayed, the delivery date may need to change. Significant delays may require the project to be rescheduled around other booked work.

6. Content and files you provide

You are responsible for checking that you own or have permission to use any wording, photographs, logos, illustrations, music, video, trademarks or other material you provide. You are also responsible for ensuring the information you supply is accurate, lawful and not misleading. We may refuse to use material that appears to infringe another person’s rights or contains unlawful, discriminatory, defamatory or harmful content.

7. Revisions and changes

The number of revisions included in your service will be listed in your quote or product description. A revision means a reasonable change to the agreed concept. It doesn’t include beginning again with a completely new direction after a concept has been developed or approved. Additional revisions, new concepts or changes outside the agreed scope may incur an extra fee. We will explain the cost and ask for your approval before completing additional paid work. Feedback should be provided clearly and, where possible, in 1 consolidated response. Conflicting or piecemeal feedback can cause delays and may require additional work.

8. Approvals and proofs

You’ll have an opportunity to review and approve relevant designs, wording and proofs before final files are supplied or printing begins.

Please check every detail carefully, including:

• Names and spelling

• Dates and times

• Addresses and contact details

• Prices and event information

• Grammar and punctuation

• Colours and layout

• Sizes and quantities

Printing will only begin after you approve the final proof in writing. Once you approve a proof, changes may incur additional design, printing or material costs. If an error appeared in the proof you approved, you will bear the cost of correcting or reprinting. Your rights under the Australian Consumer Law still apply.

9. Printing, paper and handmade finishes

Paper, ribbon, envelopes, finishes and other materials are subject to supplier availability. If something becomes unavailable, we will discuss suitable alternatives with you before making a substitution. Colours can appear different between screens, printers, paper stocks and production runs. Slight differences in colour, texture, trimming, placement or handmade finishes are normal and aren’t automatically considered faults. Final quantities may vary where a specialist printer applies an industry-standard production allowance. If this could affect your order, it will be discussed with you beforehand. Any significant fault or difference from the approved design will be assessed fairly and in line with your rights under the Australian Consumer Law.

10. Delivery and collection

Available delivery or collection options will be confirmed in your quote. You are responsible for providing a complete and accurate delivery address. We will not be responsible for additional costs incurred because the address supplied was incomplete or inaccurate. Delivery estimates are not guaranteed. Postal services, couriers, suppliers and other circumstances outside our reasonable control can cause delays. Please inspect printed items promptly and contact us as soon as possible if something arrives damaged or appears incorrect. Ensure that you retain any evidence including photographs of the packaging and/or affected products.

11. Digital files

Your quote will explain which final file formats are included. Editable working files, source files, unused concepts, drafts and internal templates aren’t included unless specifically stated in writing. Please download and safely store your final files. We retain project files in accordance with the periods set out in our Privacy Policy but do not guarantee that copies will remain available after final delivery.

12. Intellectual property

You keep ownership of the original material you provide. You must not sell, redistribute, copy or turn a personal-use design into a commercial product without written permission. We won’t publish confidential or personally sensitive project details, including for marketing purposes, without your prior permission.

Intellectual property rights

Unless otherwise agreed in writing, all intellectual property rights in the work we create, including copyright, trademarks and designs, remain our property. Upon full payment of all fees, we grant you a non-exclusive, non-transferable licence to use the deliverables for the purposes specified in the agreement. You may not reproduce, modify, distribute, or use the deliverables for any other purpose without our prior written consent. You warrant that any materials or content provided to us for use in the provision of services do not infringe the intellectual property rights of any third party. You agree to indemnify us against any claims arising from such infringement.

13. Third-party platforms and suppliers

We do not guarantee the continued availability of third-party software or services. You are responsible for maintaining any accounts, subscriptions and permissions needed for your project. The provider’s terms, fees, licences and privacy policies may apply. We will take reasonable care when working with third-party services, but we cannot guarantee that a platform will remain available, keep the same features or operate without outages or changes.

14. Social media and marketing results

Marketing and social media can support your business, but no ethical marketer can promise a particular number of followers, enquiries, sales or website visits. Results can be affected by your offer, budget, audience, competition, pricing, platform changes and how consistently recommendations are implemented. Any strategies, plans or recommendations provided are based on the information available at the time. You remain responsible for your business decisions, claims, advertising approvals and the final content published under your name.

15. Website services

Website services are limited to the work included in your quote. This may include copywriting, content updates, design refreshes or changes within an existing website platform. Unless specifically included, we do not provide ongoing technical support, custom coding, plugin development, cybersecurity, website hosting or repairs for unrelated technical issues.

Website handover occurs when we send the final project email confirming that the agreed work is complete, the changes are live or the final files and access details have been supplied. After handover, you are responsible for maintaining website subscriptions, domains, hosting, account access, security and future content changes unless ongoing support is included in your agreement.

To the extent permitted by law, we are not responsible for changes, content, outages or security issues arising after handover that are outside the agreed scope or our reasonable control.

16. Photography services

The scope of photography services, including the session length, location, number of edited images and delivery timeframe, will be outlined in your quote. Unless otherwise agreed, you are responsible for obtaining permission from any people, venues or property owners appearing in the photographs. Weather, lighting, access restrictions and other circumstances outside reasonable control may affect a photography session. If the session can’t reasonably go ahead, we’ll work together to reschedule it. Raw photographs will only be supplied where this is specifically included in the agreement.

17. Project delays and circumstances outside our control

Sometimes things happen that neither of us can reasonably prevent, including illness, emergencies, supplier delays, platform outages or major technical problems. If your project is delayed due to reasonably unforeseen circumstances, we will contact you as soon as practicable to revise the timeline.

18. Pausing or ending a project

We may pause or end a project if:

• An invoice remains unpaid;

• Required information or feedback isn’t provided after reasonable follow-up;

• The project changes substantially;

• You repeatedly disregard agreed boundaries or timelines;

• Communication becomes abusive, threatening, discriminatory or unsafe; and

• Your project involves creating or publishing unlawful or misleading information.

If we pause or end a project for a reason set out in these terms, you remain responsible for payment for work completed, time reserved, materials purchased and non-refundable third-party costs up to that date.

19. Consumer guarantees and refunds

Our services and products come with guarantees that are not excluded under the Australian Consumer Law. Depending on the circumstances, you may be entitled to a repair, replacement, reprint, refund, cancellation or compensation if a product or service doesn’t meet a consumer guarantee. A change of mind, change in personal circumstances or change in creative preference doesn’t automatically entitle you to a refund for custom work already completed or materials already ordered. This doesn’t affect any remedy you’re legally entitled to receive.

20. Limitation of liability

Nothing in these terms excludes, restricts or modifies a right, guarantee or remedy that can’t legally be excluded under the Australian Consumer Law or another applicable law. To the extent permitted by law, we aren’t responsible for indirect loss caused by circumstances outside our reasonable control or by a client’s failure to:

• Follow the advice provided

• Supply accurate information

• Review and approve content carefully

• Obtain required licences or permissions

• Maintain their website, platform or third-party services

Any limitation will only apply where it is fair, reasonable and legally permitted.

21. Privacy and confidentiality

In this section, confidential information means information that is not publicly available and is shared in connection with a project, including business plans, pricing, client lists, passwords, project files, personal details, event information and unpublished designs. We will take reasonable care when handling the information and files you provide. We will only use them for your project, business administration or another purpose you have agreed to. You can read more about how information is collected, stored and used in our Privacy Policy. Each of us agrees to keep the other’s confidential information private and only use it as reasonably necessary to deliver, receive or manage the agreed services.

Confidential information may be disclosed where the other party has given written permission, where disclosure is reasonably necessary to a printer, supplier, contractor or professional adviser who needs the information to assist with the project, or where disclosure is required or authorised by law. This obligation does not apply to information that is already publicly available through no breach of these terms, was already lawfully known, is independently developed without using the confidential information, or is lawfully received from another source.

22. Concerns and disputes

If something isn’t right, please contact us first so we can try to resolve it. You can email info.wickintyredesignco@gmail.com with details of your concern. If we can’t resolve the matter directly, we may agree to use an appropriate dispute-resolution service before beginning court proceedings, where reasonable.

23. Governing law

These terms and any agreement between you and us are governed by the laws of the Australian Capital Territory and applicable Commonwealth laws of Australia. You and we submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts entitled to hear appeals from those courts. Nothing in these terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights and remedies under the Australian Consumer Law.

24. Contact

If you have questions about these terms, please contact:

Emma Wicken
Wickintyre Design Co
Canberra, ACT
Email:info.wickintyredesignco@gmail.com
ABN: 67 322 345 512