Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Michelle Koen Graphic Design. Please read these Terms carefully as they set out your rights and obligations when you engage Michelle Koen Graphic Design for any of their services and you must comply with these Terms. All work is carried out by Michelle Koen Graphic Design on the understanding that the client has agreed to these Terms and Conditions.

Ownership and Rights

The process of creating the ‘finished product’ for a client, requires the construction of native and/or master files. These files contain intellectual techniques and/or information. Whilst the ‘finished product’ is the sole property of the client (upon full payment), the ‘native files’ remain the property of Michelle Koen Graphic Design. The native (source) files (the files that were used to originally create the document, ie, InDesignTM, IllustratorTM, PhotoshopTM, FlashTM, WordTM, PowerPointTM, ExcelTM, etc) sketches, illustration, including electronic files, procedures and development files employed to create the agreed work remain the sole property of Michelle Koen Graphic Design unless specifically agreed and released in writing and after all costs have been settled. A charge for supply of native files will be incurred as it includes intellectual creative expertise, file retrieval, digital file/disc transfer, compensation for loss of (future) earnings. Native files will not be supplied until payment is received in full. This does not include unused intermediate ideas and concepts, which will remain the property of Michelle Koen Graphic Design. Also does not include purchased Fonts as it is illegal to hand them over – instead the font licences will need to be supplied in outlines and the client will have to purchase the font licences themselves.

For Commercial Confidentiality and Intellectual Property reasons, Michelle Koen Graphic Design native files cannot be accessed by any external company or contractors without prior consent of Michelle Koen Graphic Design. In the event that Michelle Koen Graphic Design (at our sole discression) allows access by 3rd parties additional terms & conditions will apply. By allowing external parties to access these files, you unconditionallly waive Michelle Koen Graphic Design for any liability that may be associated by changes to the files and backup files that we may hold. Part of Michelle Koen Graphic Design’s duty of care to our clients is to maintain a thorough storage and back-up procedure of your native files. Once confirmation of receipt of native files has been received from the client, Michelle Koen Graphic Design will immediately REMOVE said native files and subsequent back-ups from our servers. Charges may apply to digitally transport large file sizes at the discretion of Michelle Koen Graphic Design and the client will be solely responsible for these costs. Michelle Koen Graphic Design will construct achievable ‘non-native’ file requests on any given request, standard hourly charges/rates will apply.

In the construction of Graphics and Data, Michelle Koen Graphic Design relies upon the information that is supplied by the client. While best practice is applied by Michelle Koen Graphic Design, it is the sole responsibly of the client to ensure the information is correct and the end result matches the data supplied. Clients unconditionally accept that the final proof supplied is correct and cannot hold Michelle Koen Graphic Design liable under any circumstances for errors and omissions.   While constructing Graphics and presentation, Michelle Koen Graphic Design may purchase stock photography or font licences. These images and fonts are licensed to Michelle Koen Graphic Design and are not transferable without written authorisation by Michelle Koen Graphic Design with the appropriate royalty fees. Images and fonts supplied by the client for artwork must be licensed by the client and the client accepts all liability for any infringing copyright. Once the images are supplied to Michelle Koen Graphic Design, we will use them without restriction in the project or any related projects – unless advised of any restrictions. All data is treated in commercial confidence, but will remain on our systems for integrity verification in the event of a dispute. In the event of a client not using our design and development services in the period of 24 calendar months, Michelle Koen Graphic Design retains the right to remove all backups & native files without the clients knowledge.

Should the client wish to terminate our service it is there responsibility to request the backup files. Whilst every effort has been made in ensuring that print-ready artwork is colour correct and free of errors, Michelle Koen Graphic Design can not be held liable for colour matching or production quality should a client choose to manage the printing process themselves. Although we highly recommend that Michelle Koen Graphic Design manage the production process from concept to completion, we advise clients that wish to manage the production of their printed items understand the importance of carefully checking printed proofs (not just digital proofs) and press checking is advised to ensure a quality finish.

Copyrights and Trademarks

Copyright is retained by Michelle Koen Graphic Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Michelle Koen Graphic Design as fulfilling the contract. All other designs and concepts remain the property of Michelle Koen Graphic Design, unless agreed in writing that this arrangement has been changed. By supplying text, images and other data to Michelle Koen Graphic Design for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. The customer agrees to fully indemnify and hold Michelle Koen Graphic Design free from any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.

Design Charges

Prices quoted for all work are estimates only and are based on the initial brief from the client. Any changes, corrections or work additional to the original brief will be charged at an hourly rate (or a pre- agreed fee negotiated by the client and Michelle Koen Graphic Design). Charges for design services to be provided by Michelle Koen Graphic Design, will be set out in a written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 30% of the quoted fee will become immediately due. Work on the project will not commence until Michelle Koen Graphic Design has received this amount. All work conducted by Michelle Koen Graphic Design at the request of the Customer, and without an agreed quotation will be charged at an hourly rate. Charges are not negotiable once work has commenced.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The client will be provided with an Invoice prior to final issue of artwork or publication. At this time the remainder of the amount due will become payable. Accounts which remain outstanding for 7 days from the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. If the services of a debt collection agency are required to receive payment of this account, the cost collection will be added to your invoice.

Supply of files by the client

It is the responsibility of the client to supply correct, proofed text files in an agreed format and file type. Any changes or corrections to original text supplied will be charged at an hourly rate (minimum of one hour). It is the responsibility of the client to supply appropriate resolution photos and images in an agreed file type. Michelle Koen Graphic Design takes no responsibility for the print quality or resolution of images provided by the client.

Final art approvals and changes

It is the responsibility of the client to proof all artwork and production files before sign-off and/or production. Michelle Koen Graphic Design takes no responsibility for errors in typography, spelling, grammar, formatting or file errors. Any changes or corrections made by the client subsequent to the issue of final artwork will be charged at an hourly rate (minimum of one hour). Michelle Koen Graphic Design may extend or modify any delivery schedule or deadline as may be required by such changes. Re-issue of artwork on disk, via e-mail or ftp upload will be charged at an hourly rate (minimum of one hour).

Showcasing Artwork

Michelle Koen Graphic Design reserves the right to show any artwork, ideas and sketches created for Projects in a portfolio, in various online galleries and in logo process posts as examples of client work. If you are unhappy for Michelle Koen Graphic Design to display your logo design in portfolios and in other online inspiration galleries, please discuss this with the team before proceeding with any projects.

About the Author

Michelle has an Honours Degree in Visual Communications (Graphic Design) from UniSA and over 9 years active industry experience.

Michelle has extensive experience in helping businesses both large and small achieve presence in the marketplace. She has worked with a wide variety of clients including government and community organisations, wineries, shopping centres, backpackers hostels, massage and polarity therapists and many more.

As well as running her own design practice, she has worked as an university lecturer teaching Photoshop and Illustrator to first and second year students.