These are our standard terms of service that apply to the work we deliver. Have a good read-through, and if anything jumps out at you as a potential issue, let me know before the project begins and we can discuss any alterations that might be needed for your particular project.

In these terms of service ‘you’ is the client, it’s employees and agents, and ‘we’, ‘us’ or ‘our’ is Avaray Pty Limited (ABN 30198597682) of Suite 4, 350 Oxford St, Bondi Junction 2022, its employees., contractors and agents.

PAYMENT

Deposits, final payments and delivery

We reserve the right to request a 50% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered to you via email and payment is expected within 30 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Avaray Creative.

We will invoice for the remaining cost of the project and associated services prior to the release of any logo files or final exports. We reserve the right to withhold delivery until payment has been received in full.

We reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days.

You may reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to by both parties in writing.

All payments are to be made within 30 days of issue.

We reserve the right to charge you for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

FONTS & TYPEFACES

Licensing of any used fonts or typefaces

Any fonts/typefaces that are purchased for the final logo, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface licence gives only the owner full rights to use the font/typeface as necessary. In our initial presentation of concepts, we will provide information of the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.

It is against the law for us to provide any client a ‘copy’ of any font/typeface that we own, and have personally purchased.

If you would like to use a copy of a font/typeface that we have purchased, to be used commercially, you must purchase the respective font/typeface licence, and register it in your name. Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your own artwork for editing purposes, such as on a website or a print presentation, then you will need your own license through a desktop license purchase. These can typically be found at; Fontspring, MyFonts or Fonts.com

RESTRICTIONS

Restrictions to the signing of this agreement

These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that we present. All original preparation materials, sketches, visuals and unused ideas shown and considered will remain the property of Avaray Creative.

We are free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, we shall repurpose and style so that the end design is sufficiently different so as to not cause conflict.

Unless otherwise agreed and arranged, we reserve the right to showcase the finished logo and associated designs or creative output in our portfolio and in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business card/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery.

ANY supporting artwork and designs required by this project can be used for personal and professional reasons.

You are free to change, modify and adapt the finished logo design as you see fit, but you do so at your own risk.

OWNERSHIP & COPYRIGHT

All preparation materials, sketches, and visuals, including the electronic files used to create the project, remain the property of Avaray Creative. The final artwork/digital files will become your property ONLY upon final payment of the project.

If final payment is NOT received as agreed, all designs and concepts will remain the property of Avaray Creative until payment is received.

If there are issues with final payment, we reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in our portfolio.

Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making an agreed final payment, we will take immediate legal counsel.

Avaray Creative reserves the right to show any artwork, ideas, or sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.

Final payment ensures that ONLY the agreed output (i.e. logo design, final video, or marketing collateral export) becomes your property. Any previous ideas and/or concepts shared remain ours unless any prior agreement has been made.

TRADEMARK & COPYRIGHT

Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright and legal name search, we are unable to provide any practical help with this.

If you require the logo to be registered as a trademark, then you must seek your own legal advice.

EXCLUSION IOF LIABILITY

We’ll do our best to ensure that our work doesn’t infringe on any copyright or other right of a third party. However, we are not liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise from our work.

We take pride in the quality of our work and check it carefully. However, we don’t guarantee that our work is free from errors. You are responsible for checking the factual accuracy of the content for each project and providing final approval.

BRAND NAMING

You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither are we legally responsible for any problems thus arising.

Please ensure the name you are using is free and legally safe to use before committing to a logo project.

Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays.

If a change of name is required mid-way through a project, and significant logo exploration work has already been presented, then we will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.

VIDEO PRODUCTION

You take full responsibility for ensuring that any talent, interviewee or general people being recorded have provided written permission to do so. You indemnify Avaray Creative from any loss or damage of any kind (including legal costs) that Avaray Creative may suffer as a result of any breach by you.

If you cancel or postpone a job and give two business days notice or less you are liable for all fees and expenses to which Avaray Creative would have been entitled if the job had been completed.

If you cancel or postpone a job and give more than two business days’ notice you are liable for all expenses incurred by Avaray Creative prior to cancellation together with 35% of the fees to which Avaray Creative would have been entitled if the job had been completed. You are liable for certain additional costs and expenses incurred due to weather delays. If production is cancelled because of bad weather you will be liable for all expenses incurred by Avaray Creative prior to cancellation together with a proportion of Avaray Creative’s fees. If production is cancelled after departure for location or while on location, you will be liable for 50% of Avaray Creative’s fees for each weather day. If production is cancelled before departure for the location, you will be liable for 20% of Avaray Creative’s fees for the first weather day and 50% of Avaray Creative’s fees for each subsequent weather day. Revisions and re-shoots that are not required as a result of a breach by Avaray Creative of the terms of the Agreement will be charged as new jobs without discounts.

THIRD PARTY CONTRACTORS

This contract is for the provision of services, rather than making specified personnel available. You acknowledge that in providing services to you (irrespective of the basis on which the services are rendered), Avaray Creative may sub-contract with third parties, including but not limited to strategists, designers, photographers, videographers, copywriters, CGI artists, models and other talent and the owners of copyright in various subject matter.

ONGOING COMMUNICATION

We may add you to our email list to keep you updated on Avaray Creative’s work, and to check in with you. You can unsubscribe at any time, and we will not give your email address to anyone else.