Terms and Conditions

Person Responsible for Work:

Alexandra MacAlpine

Payment Terms

In circumstances where a quote has been issued a 50% deposit is required upfront, prior to commencement of work. The remaining 50% will be invoiced once the work is completed.
If agreement has been reached regarding payment on an hourly rate basis then an invoice will be issued and payment is required within fourteen (14) days. If the project or the relationship is terminated an invoice for all work performed to that date will be issued.
All payments received are non-refundable in the event the project or the relationship is terminated for any reason.
For worked performed in accordance with a quotation, once the deposit is paid, The Social Herd will commence work. If we do not receive sufficient communication from you to continue the progress of the project, within 6 months from receipt of initial instructions the project will be terminated, and no refunds will be provided.
If any part of the work for this project is delayed for longer than 30 days, The Social Herd will provide an invoice in relation to works performed.

Reproduction of Work

The Social Herd (designer) retains personal rights to use the completed project and any preliminary designs including raw images for the purpose of design competitions, future publications on design, educational purposes, and the marketing of the designer’s business, unless agreed in writing otherwise.
In the event of multiple proposed designs being submitted to you for selection, the one design selected is deemed by The Social Herd as fulfilling the contract. All other designs remain the property of The Social Herd, unless agreed in writing otherwise.

Rejection/Cancellation of Work

The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified in writing, allowing time for necessary amendments. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and possible billing for all additional time and/or expenses to date. All elements of the project must then be returned to the designer. Any usage of those design elements by the client will result in appropriate legal action. You as client shall bear all costs, expenses, and reasonable solicitor’s fees in any action taken or proceedings brought to recover payment under this contract or in which The Social Herd may become a party by reason of this contract.

Client Responsibilities

As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images, and other information as and when required. You agree to review our work, provide feedback and sign-off approval in a timely manner. You agree to provide payments pursuant to the payment schedule set out at in the final paragraphs of this contract. We have the experience and ability to perform the services you require from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. We agree that we will also maintain the confidentiality of all information that you provide to us.

All persons who feature in imagery and film taken by The Social Herd on behalf of the client have provided the client with consent for their image to be used by the client.

Copyright Terms

The designer holds copyrights for all templates they design. By agreement the designer can release to the client design file templates, which will include additional payment.

The Social Herd owns all rights to ones own RAW images, edited images and video files. Those taken on behalf of a client, the client is the first owner of copyright to the images taken for them by The Social Herd.

Licencing of Imagery

Images taken by The Social Herd and purchased by a client for digital and/or print purpose must only use the images agreed upon in email exchange. Terms and Conditions must also be signed by the client and The Social Herd.

The Social Herd maintains personal rights to use the image/s for their own marketing and online store material.

The client cannot on sell or provide authority for other businesses/artists to use the purchased images.

Providing Content:

The client may be responsible for providing written content and images for use (unless otherwise specified). It is expected that the content if provided by the client is 100% edited and ready for use. All images if provided by the client need to be in the format that we request and must be approved for copyright purposes. The designer takes no responsibility for images that are found to be stolen or uncredited.

Revisions

The estimate/quotation price of this project is based on the number of hours that we estimate we will need to accomplish everything that you have told us you want to achieve. If you do wish to change your brief, add extra pages or new concepts, or even add a new product, that will not be a problem. Within our quote/hourly rate we allow for clients to have a maximum of three revisions to works prior to additional charges being required. Such additional charges would be charged on an hourly basis pursuant to the payment schedule below. Please note, we always endeavour to meet all urgent requests however we are not always in a position to do so, therefore please allow a turnaround of two (2) business days for all design requests or revisions (no matter the size of the request).

Completion of Project:

The work outlined in this agreement will be turned around within a reasonable period the schedule will be determined, where possible, and mutually agreed upon at the start of each project. Our schedules are set on the basis that we have assumed a timely review and response by you, as the client, of all deliverables.
Any delay in the completion of the project due to the actions of the client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion date, upon notifying the client, by the time equivalent to the period of such delay.
All work will be completed within the standard work week (Monday through Friday, 9am to 5:30pm).
The designer is entitled to delete raw data files and all final designs and works 6 months after completion of the project.

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Get in touch

alexandra@thesocialherd.com.au

0400 832 277

The Social Herd acknowledges the Wiradjuri people, the Traditional Custodians of the land on which I live, gather and work, and pay my respects to their Elders past and present. I extend that respect to all Aboriginal and Torres Strait Islander peoples here as well.

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