Commencement of Work

Both parties agree with the work outlined in the quote/ agreement of services. Any additional work that is outside of the original scope of work will be agreed upon and priced accordingly. These Terms & Conditions commence upon acknowledgement of acceptance of quote/ agreement of service and continues until the Designer completes the Service or is terminated in accordance with these Terms & Conditions. These Terms & Conditions cover all agreement of services entered into by the Client
with the Designer for services relating to any design and illustration work. 

Payment

The Client agrees to pay the invoice amount within 7 days of receipt of an invoice. All payments must be made before final handover of working files to the Client. Any additional work that was not included in the base quote and agreed upon will be included in the final invoice.

Excess work

This is defined as any work involving additions to the list of items including any work discussed that was not originally agreed upon.

Copyright & intellectual property

The ownership of copyright in all works produced by the designer ultimately remains with the Designer.

The Designer also retains copyright in the following:

• Draft concepts;

• Working notes and any other internal written materials; preliminary drafts, drawings, illustrations, photographs, and designs.

• Preliminary electronics works including website drafts, source code development tools, programs.

• Draft videos, storyboards

• Designs which are rejected by the Client; and

• Source files/ raw files.

No copyright or any other intellectual property rights in the materials will be licensed to the Client until the Designer has been paid in full all of the Designer’s Fee.

Once the Client pays the Designer’s Fee in full, the Designer will license to the Client copyright in the Works, limited to the purpose and media described in the Services set out in the quote and terms and conditions. 

The Designer’s Fee is based upon this limited license of copyright. If the Client requires a more encompassing license or assignment, this must be the subject of further negotiations between the Client and Designer. An assignment of copyright will only be granted if the Designer provides this in writing. In all other respects, the Designer retains copyright and all other intellectual property and moral rights (including the right of adaptation) in the Works.

Revisions

No amendments or revisions will be made once final payment is received and all files have been signed off to the Client. Unless these revisions are considered Excess Work and additional payment is required.

Type

If in its provision of the Services, the Designer is required to create an original typeface for use in the Works, then the Designer retains all rights in relation to that typeface.

The Designer may, at its discretion, license any original typeface referred to in the preceding clause to be used by the Client or any third party. Any such license is not and does not form part of this agreement.

If in the provision of the Services, the Designer is required to use an original typeface belonging to a third party, then the Client must review the typeface terms and conditions, which may require to:

Pay any license fees to the third party; and acquire a license to use the typeface.

Performance

The Client and Designer must provide each other with clear and concise written instructions in a timely manner to allow both parties to perform their duty.

Liability

Although the Designer will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding;

• Any consequential loss, damage or injury, however it may arise;

• Any punitive, additional or exemplary damages.

If the Designer is found to be liable for any claims, losses, damages, costs or injuries arising from this agreement and out of reliance on these Terms & Conditions, the total of the sum of all liability or liabilities is strictly limited to the value of the Designer’s Fee.

Termination of Breach

Without prejudice to any other right or action or remedy, either party may terminate this Agreement, by written notice to the other with immediate effect if:

• the other party commits a breach of the Agreement and of the Terms & Conditions.

• an administrator, trustee in bankruptcy, receiver, liquidator or controller is appointed to the other party.

If the Agreement is terminated, the Client agrees to pay the Designer all amounts accrued and owing in accordance with sum total within 14 days of the termination. 

Termination of services

The Designer may terminate this Agreement for any reason whatsoever by giving the Client 30 days notice in writing prior.

The Client may terminates this agreement for any reason whatsoever by giving the Designer 30 days noticed in writing prior.

If the Designer or the Client terminates the Agreement, the Client agrees to pay the Designer all amounts accrued and owing in accordance with the work performed thus far within the designated payment time period of 7 days.

Whole of Terms and Conditions

Anema Designs and Illustrations intend this document together with the agreement of service to comprise the entirety of the agreement between us and our users and customers. Unless expressly stated, no other terms, conditions, assurance, representation, warranty or inference to apply, with the exception of those applicable through some piece of relevant Australian State or Commonwealth legislation.

If we intend any document or clause to supplement or supplant these Terms and Conditions, we will let all clients know by publishing that information on the Anema Designs and Illustrations website.

Severing or altering one part of the Terms and Conditions will not render the rest of the document void. All remaining sections will continue to apply, in the event that one section is removed.

Changes to Terms and Conditions

Anema Designs and Illustrations reserve the right to make amendments to our service and our Terms and Conditions, without notice or consequence. Any changes published will take immediate effect from their time of publication.

Users are responsible for remaining up to date with our Terms and Conditions. You are continued access to and use of our website and services indicates your acceptance and consent to any changes that we make. 

These Terms and Conditions are current as of January 2021. If you would like any further information about our Terms and Conditions or our service, feel free to contact us below.