GENERAL

Please read the below terms carefully. By engaging Pretty in Palms, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding as of the date of signing, and will continue to be valid and binding until both the Client and Pretty in Palms agree in writing that services of Pretty in Palms are no longer required or at the service agreement end date. The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of Pretty in Palms , its contractors or sub contractors unless otherwise agreed in writing by both parties.

PAYMENT

Payment of services and/or products will be in Australian Dollars (AUD) via Credit Card or Internet Bank Transfer. Initial payment is is due before any design work begins and final payment is due before any digital files or site is launched.

All other invoices are payable within fourteen (14 days) days of receipt. Unless otherwise specified to Pretty in palms in writing, invoices not paid within fourteen (14 days) days of the invoice date will accrue interest at 10% per week. Invoices shall list any expenses and additional costs as separate items.

All grants of any license to use or transfer ownership of any intellectual property rights (including but not limited to designs completed by Pretty in Palms or its contractors or sub contractors) under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.

The full amount or a 50% deposit is to be paid before the commencement of the project.

The remaining 50% and any additional costs that were incurred and agreed upon during the process is to be paid upon completion. A tax invoice summary and official invoice will be sent via email.

COMMENCEMENT AND TERMINATION

This agreement shall begin when the client accepts a quote, signs the agreement and pays the corresponding deposit invoice for a Pretty in Palms service and shall continue until all services are complete and delivered, or until the agreement is terminated.

Either party may terminate the contract at any time for any reason they deem necessary with written notice. The deposit can not be refunded once paid. This is to secure the booking and cover any work that has begun for the project.

Should the Client choose to cancel this project after the project's completion, the client will still remain responsible for full payment of the complete project total. The Client will be responsible for all costs and expenses incurred prior to the date of termination. Eg. Font purchases.

PROJECT SCOPE

For Design projects, Pretty in Palms will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. Minor refinements include colour changes, font swapping, blending of concepts, changes to size or hierarchy, and adding or removing of a graphic element. Request for minor changes are to be made via e-mail. Pretty in Palms will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period.

If client wants to change the scope of work after acceptance of this agreement, client shall send designer a written change order (detailed, in one email) describing the requested changes in detail. Within ten (10) days of receiving a change order, designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the terms and conditions.

If the proposal for the amended project scope from Pretty in Palms is rejected by the Client, Pretty in Palms is not obliged to perform any services beyond those in the Original Agreement. Pretty in Palms reserves the right to extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes.

CLIENTS RESPONSIBILITY

It is the clients responsibility to give both verbal and written feedback back to the client promptly after receiving a revision to keep the design process moving and to respect the designers time.

The client has three (3) business days to provide feedback.

Unless otherwise specified in writing, the designer has the right to halt the projects progress if the client does not provide feedback within three (3) business days. Feedback that’s not given within seven (7) business days, the client will incur a $50.00 fee.

Any delay caused to conditions beyond the reasonable control of the parties shall not be considered a breach. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, labour disputes, riots, acts of war, terrorism and epidemics.

RUSH SERVICES

If the Client requires design work expedited (outside of project scope and agreed upon time frames), Pretty in Palms do their best to accommodate you, please note that good design cannot be rushed and that Pretty in Palms also attends to multiple clients and time needs to be balanced fairly.

Any request to expedite the project sooner than the agreed completion date will incur an additional 50% fee of the service cost.

DESIGN + DIRECTION

It’s the designers responsibility to offer creative direction throughout the project and create designs that are carefully considered, fit the scope of the brief and are unique.

The designer is not responsible for any marketing and legal advice related to advertising and trademarking for the logo and brand. It is the Clients responsibility to to ensure that their business name and other business related attributes are protected legally. Ie, trademarking, business name registration, web domain rights.

PROPOSAL

Quotations for Services with Pretty in Palms are generated on the basis of the brief provided by the Client and expected time investment by Pretty in Palms, and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry date, Pretty in Palms reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary.

COMPENSATION

Client agrees to pay designer the fees listed in the project proposal, including all taxes. Pricing in the project proposal includes only designer fees. Any other costs, such as website hosting, domains, printing, art licensing or stock photography, will be the Clients responsibility or billed to Client with an agreed approval from both parties.

COPYRIGHT + OWNERSHIP

Pretty in Palms owns all rights to the designs during the projects duration until the final payment is made and the transfer of copyright has been signed.

The Copyright Transfer Form does not give you permission, to: use, modify, alter, replicate or borrow, any of the previous and unused: logo ideas, concepts, sketches previously shown and presented during the course of the project.

All original preparation materials, sketches, visuals and unused ideas previously shown, and considered, will remain the property of Zak van den Boom of Pretty in Palms.

Pretty in Palms is free to use unused ideas for future conceptual, and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I shall repurpose and style as to be sufficiently different so as not to cause conflict.

The Client is free to change, modify and adapt the finished Logo design as they see fit, but do so at their own risk, and at the risk of diluting, or causing confusion, over the existing brand identity.

Pretty in Palms can use the final designs as apart of their public portfolio. They are entitled to share the designs on their website and social platforms. ie; Instagram, Pinterest and Facebook.

CONFIDENTIALITY

Pretty in Palms acknowledges that they may be involved in or become aware of information that relates to the client on a personal level including information related to the client's past, future, present, customer names, marketing plans, project information, and financial documents.

Pretty in Palms agrees to protect all the above information and keep any information obtained confidential. However, Pretty in Palms will be permitted to display final work on their website or in promotional materials that doesn't contain private or sensitive information of the clients unless approved.

CHANGES

Pretty in Palms reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

CONTACT

If you have any questions about these Terms, please contact us.

Last updated: April 29, 2023