Terms & Conditions.

The Marker by Gillian Dinh’s standard terms and conditions are as follows. Where ‘The Marker’ is used throughout terms and conditions, email and contract, this also refers to The Marker by Gillian Dinh.

It is vital that you (The Client) takes full responsibility in taking the time to thoroughly read through and ensure you fully understand the terms and conditions and their implications before you commence any project with The Marker. Please also note, The Marker may be required to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document before agreeing to the contract of service and any payment made to The Marker.

PROJECT AGREEMENT

Payment of deposit and agreement to work with, prior to The Marker commencing work constitutes full agreement to these terms and conditions.

PAYMENT TERMS

Prior to the commencement of any and all projects by The Marker, a non-refundable deposit must be processed by “The Client” in order to commence any works carried out by The Marker. By default, a 50% non-refundable deposit of the quoted and invoiced amount is required prior to the commencement of any project or service. Remaining balance payable prior to the completion date or delivery of goods/service, unless other terms are negotiated between both parties prior.

FEES FOR SERVICE

It is agreed that the fee for service shall be the cost estimates provided via email and invoice, unless work undertaken exceeds inclusions outlined. If work undertaken exceeds the items specified in the quote or invoice, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases by The Marker in the scope of the project prior to any additional fees that may or may not be applied.

EXCESS WORK

This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and an additional fee (subject project to project) will be payable. All additional costs will be added to the final invoice, payable prior to delivery of design files or project completion.

Publication and/or release of work performed on behalf of the client by “The Marker by Gillian Dinh” may not take place before cleared funds have been received.

LIABILITY & LITIGATION

It is agreed that all work and materials provided for “The Client” by “The Marker by Gillian Dinh” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that “The Marker by Gillian Dinh” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.

Under no circumstances shall The Marker by Gillian Dinh be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by The Marker by Gillian Dinh including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

APPROVAL OF FINAL ARTWORK

While The Marker takes all care to avoid errors, The marker accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.

FORCE MAJEURE

The Marker shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of The Marker. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

COPYRIGHT

The Marker by Gillian Dinh retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, the agreed ownership and usage rights to the concept transfer to the client. 

Ownership and usage rights are determined per individual project and are outlined within the job description on the accepted quote. In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of The Marker by Gillian Dinh till such time an agreement is in place. 

The Marker by Gillian Dinh reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting The Marker in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

Unused concepts remain the property of The Marker. The Marker may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, The Marker retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment The Marker retains ownership of all artwork. The Marker reserve the rights to certain elements used to create your projects including illustrations, RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.

The Marker reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of The Marker all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by The Marker shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

GOODWILL

This proposal assumes goodwill from both The Marker and “The Client” regarding:

• What can reasonably be achieved in a given time frame

• Making best use of resources to achieve the most effective outcomes

TERMINATION POLICY

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to The Marker. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by The Marker and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice.

If a project is cancelled by The Marker, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by The Marker.

CONFIDENTIALITY

It is agreed that employees of “The Marker” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.

AMENDMENTS TO THESE TERMS AND CONDITIONS

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client”and signed by an authorised representative of “The Marker” prior to the commencement of work outlined in this submission.

DISCLAIMER

Lettering, graphic design, illustration, branding, artwork, conceptualising, merchandise, murals, strategy, photography, and marketing are all highly creative and subjective art forms. As such The Marker takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however The Marker cannot be held responsible for variations between expectation and outcome.