"The Client" agrees to provide written approval or emailed approval of this submission before any work is commenced, as a Letter of Agreement between "The Client" and "Tibeb Studio" concerning the work outlined in the "Graphics / Website /Print/Video/Photo" Project Proposal.

Payment

"The Client" agrees to pay a non-refundable 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. If the work time exceeds 4 calendar weeks in duration, "The Client" agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

Accounts which are not paid within 7 days of the due date will incur a late administration fee of $20. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding

Payment Plans

From time to time "Tibeb Studio" will offer a prospective client payment terms to assist with cash flow. If "The Client" has been approved for a payment plan, "The Client" must agree in writing and either furnish " Tibeb Studio " with credit card details to be billed as per schedule or set up a bank payment schedule to transfer the funds.

Design samples

"The Client" agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for "The Client" by " Tibeb Studio " during the course of this project (quantity to  be specified by us).

Fees for service

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, "The Client" agrees to pay appropriate fees for the excess work, outside the scope of the original agreement.

Excess work

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorized representative of "The Client".

From time to time "The Client" will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $85 (tax) per hour will be payable.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of the client by "Tibeb studio" may not take place before cleared funds have been received.

Any booking fees, design commencement fees, or progress payments are non-refundable.

Liability & Litigation

It is agreed that all work and materials provided for "The Client" by "Tibeb Studio" will be free and clear of all liens and encumbrances and may be lawfully used by "The Client" without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that " Tibeb Studio " indemnify and hold "The Client" harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of "The Client" or its employees, and it is agreed that we shall notify "The Client" in writing of full details of any such claim.

Under no circumstances shall Tibeb Studio be liable to "The Client" for an indirect or consequential loss suffered by "The Client" relying on the information included in the Supplies prepared by Tibeb Studio including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Approval of Final Artwork

"The Client" to proof read and approves all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. While Tibeb studio takes all care to avoid errors, "Tibeb studio" accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given after a final approved design has gone to print due oversights by "The Client's" proof reading.

Print - Color Variations

With all printing there may be some color variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Tibeb Studio.

Copyright

It is agreed that "The Client" will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission on page 1. It is agreed that " Tibeb Studio " hereby assign to "The Client", upon written confirmation of this submission, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined in the Project Proposal. This granting of copyright does not extend to the use of design proposals submitted but not approved by "The Client" for the work outlined. Until final payment, " Tibeb Studio " full retains ownership of all artwork and website architecture. " Tibeb Studio " reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, color palettes and other non exclusive items.

Tibeb Studio reserves the right to use stock images in the creation of designs if required. This cost is included in the Project Proposal.

Other than for the promotional use of "Tibeb Studio" all services provided shall be for the exclusive use of "The Client's" said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by " Tibeb Studio " shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

In accordance with the Australian Copyright Act (1968), 'licensing of copyright is subject to a mutual agreement made between client and designer'. Copyright will remain property of " Tibeb Studio " till such time an agreement is in place. As part of" Tibeb Studio " terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. " Tibeb Studio " reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting " Tibeb Studio " in print or digital media portfolios.

Resending Files Already Sent

If a client lost or accidentally deletes the files delivered by Tibeb Studio at the completion of the project, Tibeb Studio can re upload to Drop Box, for a fee of $50 per request (plus GST if applicable).

Artwork on CD

If any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/postage will be payable.

Website design credit

"The Client" agrees to allow " Tibeb Studio " to place a small credit on printed material exhibition displays, advertisements and/or a Tibeb Studio Design's own website on the customer's website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

"The Client" also agrees to allow " Tibeb Studio " to place websites and other designs, along with a link to the client's site on " Tibeb Studio " own website for self promotional purposes.

Website design post- completion alterations

Once web design is complete," Tibeb Studio " will provide the customer with the opportunity to review the resulting work. " Tibeb Studio " will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to " Tibeb Studio " by e-mail and confirmed by post." Tibeb Studio " will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $90 AUD plus GST if applicable.

Confidentiality

It is agreed that employees of " Tibeb Studio " shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of "The Client" or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of "The Client".

Late payments & Default

Accounts which are not paid within 7 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or "the client" has stated expressly that they do not intend to pay an invoice by " Tibeb Studio ", unless prior arrangements have been made. " Tibeb Studio " shall at it's sole discretion suspend any and all services provided to the client by " Tibeb Studio " or it's subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve the client of it's obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

"The Client" whose account is in default agree to pay " Tibeb Studio " reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

" Tibeb Studio " retains all copyright for work performed until full project costs have been paid. " Tibeb Studio "  reserves the right to reuse or resell work undertaken in the case of payment default.

" Tibeb Studio " accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and "The Client" will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

Amendments to these Terms and Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by "The Client"and signed by an authorized representative of " Tibeb Studio " prior to the commencement of work outlined in this submission.

Freelance contractors and confidentiality

All contractors employed by " Tibeb Studio " are held to a strict confidentiality and non-disclosure agreement. Contractors of " Tibeb Studio " are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with " Tibeb Studio ". If a this was to be breached by the contractor " Tibeb Studio " will take swift and reparatory measures to ensure the "The Client" is made aware that the contractor in question is no longer a representatives of " Tibeb Studio " and acting independently. Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.

" Tibeb Studio " aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict " Tibeb Studio " guidelines of professional behavior and ethics.