TERMS & CONDITIONS
- Ruby Blue Creative is Leah Mayes trading as Ruby Blue Creative.
- The Client is the party making a booking for design related services from Ruby Blue Creative.
- An Order is the request for services from Ruby Blue Creative.
- The Project is a term used to describe service from Ruby Blue Creative.
These terms and conditions apply to all dealings between the Client and Ruby Blue Creative. By placing an order with Ruby Blue Creative, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
- All quotes are valid for 30 days.
- All prices are excluding GST unless otherwise stated.
- All prices are in Australian Dollars ($AUD).
- Any additional work outside the terms of the quote will be charged at an hourly rate of $110 per/hour.
- Ruby Blue Creative is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control.
- A 50% non-refundable booking deposit is required before starting any design project.
- All overseas clients are required to pay 100% upfront regardless of the project price.
- Payments are to be made either by bank deposit transfer or credit card.
- All invoice terms are 5 business days from the date of the invoice.
- Accounts that are not paid on time will incur a late administration fee of $50.
- Accounts that remain outstanding for 30 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.
- Final artwork files will not be handed over until the invoice has been paid in full.
- All printing invoices must be paid prior to sending the artwork to print.
- All work not completed within a 2 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’.
- If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
- A rush fee of 30% of the total invoice is required for any order that stops normal workflows and operations.
- A file retrieval fee of $55 is required for any files over 12 months old, unless it for a reprint that we manage.
- Chargeable Items – Anything can be deemed chargeable at the discretion of Ruby Blue Creative if it involves using our studio time, staff, resources or expertise. Chargeable items can include (but are not limited to): concept development (even if it doesn’t go into production); creative graphic design; document layout; image, content creation, colour and font research and manipulation; technical artwork setup; printing; web coding; troubleshooting web related issues; web research if related to the job; client directed changes; draft creation; professional advice; logo retracing; purchase of stock imagery and font licenses; retrieval of previous artwork from our back up systems, except in the case of a straightforward reprint where WE do the printing.
- Non-Chargeable Items – Anything can be deemed non-chargeable at the discretion of the director. General internal administration tasks; initial meetings, quotes, backup storage of your completed jobs and retrieval for straightforward reprints only. Fixing errors that are solely our fault.
- The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Ruby Blue Creative. Any deposit paid prior to cancellation will be non-refundable.
- Ruby Blue Creative may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Ruby Blue Creative cancels this Agreement, Ruby Blue Creative will provide any artwork completed and paid for to date.
4. NO GUARANTEES
- Ruby Blue Creative cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.
- The Client acknowledges that Ruby Blue Creative cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Ruby Blue Creative.
- The majority of our communication is made via email, which helps us keep track of specific design requirements & any changes required.
- If you would like to chat with us on the phone or via skype we are happy to do so, however we ask that you please email us and make an appointment for a time to chat.
- The Client assumes full copyright and reproduction rights upon full payment of a completed project.
- Artwork can only be used for its intended purpose.
- Ruby Blue Creative retains personal rights to use completed projects and concept artwork for the purpose of marketing Ruby Blue Creative.
- All images displayed on the Ruby Blue Creative website or used on and offline are subject to copyright, and must not be copied or used without full permission from Ruby Blue Creative and the Client. Any breach of copyright will result in legal action being taken as necessary.
- The Client acknowledges and is responsible for ensuring supplied properties (ie logos, images and text) will not violate any law or regulations or infringe upon or violate the copyright, trademark, or other proprietary right(s) or confidential information of any third party, or violate any right of privacy.
- The Client indemnifies and agrees to keep Ruby Blue Creative indemnified against all liability, losses or expenses incurred by Ruby Blue Creative in any way directly or indirectly connected with any breach of copyright on materials supplied by the client. In other words, if you give us stuff that breaches copyright or the law, you pay the fine, not us.
7. LOGO TRADEMARK RESEARCH / LEGAL
- Ruby Blue Creative does not offer a logo trademarking service, registration services or legal advice. A legal practitioner is recommended for this complex service. Ruby Blue Creative takes all care to provide original artwork but we do not assume responsibility or any liability in the event that a name, slogan or design conflicts in any way with an existing name, slogan or design. It is highly advisable that the client researches and registers their own company name with the appropriate registrars such as ASIC, before proceeding with design services. The client is liable for any extra artwork and production charges if wrong or incorrect company information is supplied to Ruby Blue Creative.
8. DESIGN CREDIT
- The Client allows Ruby Blue Creative to display any projects on the Ruby Blue Creative website or on and offline, in our portfolio for self-promotion purposes.
- The Client agrees to allow Ruby Blue Creative to credit design work on all websites designed by Ruby Blue Creative.
9. TURNAROUND TIMES
- Ruby Blue Creative will make every effort to meet deadlines. All quoted turnaround times are approximate. Ruby Blue Creative will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
- Approval is required for all projects, via email prior to work being released.
- Whilst all care is taken by Ruby Blue Creative, Ruby Blue Creative is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Ruby Blue Creative, it is the Client’s responsibility to proof read and check their projects thoroughly to identify any errors prior to approval.
- Some designs may contain stock images that are available for purchase.
- Any images supplied by the Client must be provided in high resolution format (at least 300dpi). Ruby Blue Creative is not responsible for colour variations in conversion from RGB to process CMYK.
- Ruby Blue Creative is not responsible for the reproduction quality of supplied images.
12. COLOUR MATCHING & PRINTING
- Whilst all care is taken, Ruby Blue Creative does not take responsibility for Client supplied artwork that does not print properly.
- Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.
- Trimming can vary from printer to printer.
- Any details or sensitive information supplied to Ruby Blue Creative by the client is strictly kept private. It is not shared with any other third party without your permission.
- All designs/concepts are confidential and may not be shared publicly or via social media until the project is completed, approved and paid in full.