Terms and Conditions
1. Fish Studios is Lauren Fischer trading as Fish Studios
2. ‘The Client’ is the client making a booking for any design related services from Fish Studios whether it be web design or graphic design
3. ‘An Order’ is the request for services from Fish Studios
4. ‘The project’ is a term used to describe a service from Fish Studios. The terms and conditions apply to all dealings between The Client and Fish Studios. By placing an order with Fish Studios, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
• All quotations provided are valid for 30 days. Should a quote not be accepted within this time a requote will be provided. All prices are quoted in Australian Dollars.
• Should any additional work not provided in the original scope be required, work will be charged at an hourly rate of $50 p/hr.
• Fish Studios is not responsible for increases in materials by third party services where the increases are beyond our control and will be charged accordingly.
• Fish Studios reserves the right to change pricing without notice.
• The Client assumes full copyright and reproduction rights upon full payment of a completed project.
• Fish Studios retains personal rights to use completed projects and concept artwork for the purpose of marketing.
• All images displayed on the Fish Studios website or facebook page are subject to copyright, and must not be copied or used without full permission from Fish Studios and the Client. Any breach of copyright will result in action being taken as necessary.
• The Client allows Fish Studios to display any projects on the Fish Studios website/ facebook page/ and portfolio for self promotion purposes.
• The Client agrees to allow Fish Studios to credit design work on all websites designed by Fish Studios.
CANCELLATIONS & INCOMPLETE PROJECTS
• All work not completed within a 3 month period will be invoiced regardless.
• Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
• In the event of a project cancellation, Fish Studios retains ownership of all copyright and original artwork. Any concepts, designs or ideas not chosen by the Client remain the property of Fish Studios and may be offered to other Clients.
• Payment is required prior to releasing final digital files and/or supplying files for printing and before any websites go live to the web. Payment must be made within 14 days of the date of the invoice.
• All work is presented to the Client in draft format. Once payment is received you will receive final files.
• Payment can be made via direct deposit.
• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
• Fish Studios will make every effort to meet deadlines. All quoted turnaround times are approximate. Fish Studios will not be held responsible or liable for any costs resulting from late artwork.
• The Client is allowed three sets of revisions to their project. Any authors corrections or amendments outside of the quotation or nominated revisions, are charged at an hourly rate of $50 p/hr.
• Fish Studios makes every effort to deliver concepts to suit the Client’s brief. If the Client is not happy with the concepts provided by Fish Studios, and the amends do not fall within minor ‘revisions’ to the project, the Client can pay for further concepts to be developed or choose to not proceed, and pay for ‘work to date’.
• Approval is required for all projects, via online approval form, prior to work being released.
• Whilst all care is taken by Fish Studios, Fish Studios is not responsible for any spelling, grammatical, numerical errors, omissions after final approval. Even if text or visual errors are from Fish Studios, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval. The Client is fully responsible for reprint and productions costs should they decide to print again. No refunds will be issued by Fish Studios
• Fish Studios can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website.
• Fish Studios has no control and accepts no responsibility for the functionality of the WordPress platform, nor responsible for any third party plugins used on a website
• Fish Studios is not responsible for the ongoing back up of websites. The Client will be provided with full access to the hosting CPanel by which they are able to access a backup facility. The Client is responsible for backing up the website once it goes live. Fish Studios accepts no responsibility for loss of website content once full payment is received. It is essential that backups are maintained to prevent loss of data.
• The Client is also responsible for maintaining and updating their WordPress version, and any plugins used on their website. Fish Studios accepts no responsibility for any website issues resulting from the Client not ensuring their website is kept up to date.
• Some designs may contain stock photography that is available for purchase. Any items designed by Fish Studios that are offered for sale, will require license rights to be purchased for any stock images.
• Any images supplied by the Client must be provided in high resolution, preferably CMYK. Fish Studios is not responsible for colour variations in conversion from RGB to process CMYK.
• The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provided to Fish Studios for inclusion in a website or print material are either owned by the Client, or permission has been given to use them
• Fish Studios is not responsible for the reproduction quality of supplied images.
• Fish Studios has no control and accepts no responsibility for changes to Facebook procedures, nor responsible for changes that may occur to work we have created due to third party changes. A fee will be applied to fix and rectify these problems if they occur.
MONTHLY UPDATE Terms and Conditions
• The $45 monthly maintenance package can be cancelled at anytime, please give 7 days notice prior to the start of the next month for the invoice to be cancelled in time.
• Updates and security scans do not guarantee that your site will not be compromised. WordPress is an ever changing platform, and hackers try everyday to compromise plugins and themes. Having an outdated website is the best way to put yourself at the front of the hack list though, and not having a backup stored externally is just plain crazy. This monthly plan will make sure that your site is up to date, we will run a security scan to check for nasties, and if all else fails you can sleep at night knowing that you have a backup to restore if need be.
• The 30 minutes website maintenance can be used on anything you like, that fits within a 30 minute timeframe. These types of things can include: changing a font style or colour, adding a new page, adding a new slider image, adding a contact form, installing a basic plugin. If you’re not sure just email me and I can let you know if it will be any extra time.