Terms of Service

 

These terms of service refer to you ‘the client’ and us/we/our ‘Blue Marble Design’. Our terms of service agreement refer to any goods or services you engage Blue Marble Design to produce and provide to you. By employing our services, you agree to these terms of service.

 

Copyright and Ownership

Work that is designed by Blue Marble Design, and that is not from a third party, is an original in its design and reasonable measures have been taken to ensure the design does not breach any copyrights. Even though reasonable measures have been taken to ensure the designs originality, any publication of the artwork that results in a breach of copyright is the sole responsibility of the client.

 

The design will always remain the intellectual property of Blue Marble Design. We reserve the right to be acknowledged as the creator of the design. The design cannot be amended or altered in any way without the expressed permission of the designer.

 

In the case that any third-party material has been used or purchased for your work, the cost may be passed on and may include a cost for sourcing, processing and working with the material. In the case of using any third-party material or services for your work, you can refer to their copyright and intellectual property conditions.

 

The client agrees to supply any documents, information, ideas, artwork, images and any other materials that are free from copyright infringement or that hold the necessary copyright clearance.

 

Any content provided by you and owned by you, remain yours, including any IP or copyright that you may own.

 

USE OF WORK

Blue Marble Design retains the right to use the completed design(s) and any preliminary designs for; competitions, future publications, educational purposes, marketing of the business, portfolio, website, magazine publications and any other mediums which include promoting Blue Marble Design. Blue Marble Design holds copyright of any designs/concepts that were developed in the process of the project and final products unless otherwise stated/given in writing.

 

FILES AND STORAGE

All final design files and documents will be provided to you upon final payment. You are responsible for maintaining storage of any designs or documents provided by Blue Marble Design. Failure to store files or loss of files is not the responsibility of Blue Marble Design. In some cases, we may retain copies of designs or documents. If in the event we have a copy of your files you can request a copy. Recovery of these files may incur a fee.

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TERMINATION OF SERVICES

All work will require a 50% deposit before work will commence.

 

If you wish to terminate the services of Blue Marble Design, you will need to inform us in writing. If the service is terminated before work is completed, you forfeit your deposit and will be responsible for paying for the portion of work completed up until termination, where applicable.

 

If for any reason Blue Marble Design is unable to reasonably deliver the work and conditions of the work, your deposit will be refunded, and the work will cease.

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Payment and Pricing

All prices and costs have no GST charge. All prices are estimated, quoted and charged in Australian Dollars (AUD).

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All good or services require a 50% deposit prior to commencement of work and final payment is due upon delivery of the goods/services.

Payment terms are set out on your invoice. Generally, all invoices are due within 7 days from date of issue. We charge late fees for overdue invoices. Late fees are calculated at a rate of 10% annually and charged monthly up to the total amount of overdue days.

 

Payment options are set out on your invoice.

 

Final delivery of completed work will occur when final payment has been received.

 

You can request a statement of your account at any time by contacting us.

 

The sale of all goods and services are compliant with Australian Consumer Law. An invoice will be provided for the sale of any goods or services provided by Blue Marble Design.

 

Quotes and Estimates

All quotes and estimates are valid for 30 days from date of issue.

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TIMELINE

The estimated timeline of the project will be communicated prior to commencement of the work. Goods and services will be supplied within a reasonable timeframe, if otherwise not specified.

 

Any changes, delays or suspensions by you after initiation of the work or failure to provide required content or information in a timely manner may incur additional charges and will be communicated with you in these instances.

 

All final work provided by Blue Marble Design must be approved for publishing within 30 days of supply to you. If you do not approve the publishing of the final work within 30 days of delivery from us, additional costs may incur. If the final work supplied is not approved for publishing within 30 days, you will be invoiced for the final payment.

 

Checking and Publishing

You are responsible for checking all content provided to us to ensure it is free from errors, spell-checked and otherwise correct. You are responsible for checking all work completed by Blue Marble Design to ensure it is free from errors, spell-checked and otherwise correct. Any work published or printed is your responsibility as the publisher and any errors or spelling mistakes or otherwise are your responsibility to correct/rectify. We hold no responsibility for any inaccuracies or errors in work that are published after your approval.

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Scope of Work and Changes

Commissions or made to order artwork

All commissions or made to order artwork will commence after your brief and deposit has been received. We will then send you an estimated timeline for completion. All commissions or made to order artwork is final. We do not offer any changes, refunds or exchanges for difference of opinion or artistic differences.
 

Websites, Graphic Design, Design and Other

All work quoted/estimated includes 2 rounds of changes. Additional costs will incur for changes requested after your 2 rounds of changes. Changes must be within reason and the original scope of the work. If you request changes that alter the nature of the work initially agreed upon, this will require that the work be re-quoted and additional charges may occur.

The process of work is as follows:

• You provide us with a brief for the good/service you want.

• We will provide you with a quote/estimate and a brief scope of the work to be delivered. Your quote/estimate is valid for 30 days.

• Once you have accepted the quote/estimate you will be invoiced a 50% deposit.

• Once the deposit is received, we will commence work.

• Once the work is completed, the draft will be provided to you

• You have the opportunity to review the work and provide us with your first round of changes. The changes must be provided in one go, not separately.

• We will make the changes requested and provide the altered work for a second review.

• You have the opportunity to review the work again and provide us with your final changes. The changes must be provided in one go, not separately. Keep in mind this is your final opportunity to finalise the work, so please review carefully and check for errors and spelling.

• Your final changes will be applied to the work.

• Your final invoice will be sent and on receipt of payment your finished work will be delivered to you.

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If you need additional rounds of changes they can be requested, and we will quote you based on the brief and work required.

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If you require additional changes to the work after it has been approved and finalised, additional costs will incur.

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WARRANTY

In accordance with Australian Consumer Law, Blue Marble Design will carry out goods and services with the highest due care and skill.

 

Third party fees

Blue Marble design may use third parties such as stock images, stock video, stock audio, websites, marketing, social media, printing, publishing and other services. Blue Marble Design may arrange third party goods or services on your behalf as agreed by you. In the case of these goods or services we will invoice you for the costs and any additional fees for handling, sourcing, processing and related services.

 

Creative Opinion

Blue Marble Design provides unique and one-of-a-kind artwork and design in their own creative vision. Whilst we work to meet your brief and deliver work to our highest quality and skill, creative and design elements are subjective and you are still responsible for payment of delivered work in the event that it is not to your ‘taste’.

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Blue Marble Design is not responsible for disputes relating to difference in creative opinion.

 

Technology, devices and browsers

Every effort is made to make electronic work compatible with modern devices and browsers. We cannot guarantee compatibility with all browsers and devices and generally do not support older browsers, browser versions or devices.

 

We often work with third party applications and while every effort is made to provide a fully functional work, we cannot guarantee functionality and support of third-party platforms. We will make you aware of the third-party applications we use prior to commencement of the work. It is your responsibility to be aware of the limitations of the third-party applications we will use for your work and the extent of its compatibility with devices, browsers and its general capabilities.

 

Agreement of Work

Quotes/estimates must be agreed upon either verbally or in writing. It is preferred that agreements are sent in writing via email. Your agreement is effective as of the date you agree to it.

 

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Blue Marble Design endeavours to respond to all questions, requests and customer support in a reasonable and timely manner. We are not available outside our operating hours. You can find our operating hours our on our website. We may not be available during some holiday periods, in which case all questions, requests and customer support will be attended to upon return and in a reasonable and timely manner. There may be delays in communications during peak times or holiday periods.

 

Please refer to our privacy policy and disclaimer regarding data collection and general policies.

 

For all other terms and conditions and returns policies please refer to the relevant pages on our website.
 

We reserve the right to update or change the terms of service at any time. It is your responsibility to ensure you read and understand the terms of service prior to engaging our services. If you disagree with our terms of service, you must not engage our services.
 

If you have any questions or complaints about these terms of service, you can contact questions@bluemarbleesign.com.au.

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