1. Copyright
1.1 In accordance with the Copyright Act (1968), throughout the design process JMP Creative retains Copyright and Intellectual Property (IP) rights for all created artwork, copy and content.
1.2 Unless otherwise specified, Copyright for the final artwork, design(s) and copy is transferred to the client upon final payment.
1.3 Copyright related to stock imagery, fonts and other assets included in any design remain with the respective Copyright holders, and additional usage licenses may be required for the Client to use these assets in excess of the purpose(s) stipulated in the original Quote.
2. Revisions
2.1 Unless otherwise specified, all Quotes include a single round of minor revisions, wherein no more than three (3) files are to be re-supplied with revisions made at no additional cost to the Client. If additional revisions are required, a new Quote is to be issued for approval by the Client before further work continues. In some instances, and with the Client’s agreement, ad hoc revisions can be made at a fixed rate of $200.00 per hour, excluding GST, with a minimum of one (1) billable hour of revisions. Revisions at an hourly rate are to be billed in one (1) hour blocks, rounded up (e.g. 90 minutes of revisions will be billed as 2 hours; 3.25 hours as 4 hours, etc.)
3. Job Cancellation
3.1 Following approval of any Quote issued by JMP Creative, unless otherwise specified, the Client is required to pay the Quote total in full within two (2) weeks of the Job’s completion. If for any reason the Job is cancelled, no more than 20% of the quote total will be waived, regardless of the amount of work completed before cancellation.
4. Rush Service Fee
4.1 A Rush Service Fee of 20% of the Quote total applies to all Jobs that are to be completed on a rushed basis, at the discretion of JMP Creative. As with all Quotes, the additional Rush Service Fee is to be agreed to, in writing, before the commencement of any Job.
5. Deposit Required
5.1 For all Jobs where the Quote total exceeds $1,000, excluding GST, a 20% deposit is required before the Job will be commenced by JMP Creative. This deposit functions like a rent deposit: it is kept securely and will be offset against the Client’s final Invoice(s) when the work detailed in a Quote has been completed.
6. Quotes
6.1 All Quotes supplied by JMP Creative are valid for one (1) month from the date of issue. Thereafter, a new Quote is to be issued and all costings are at the discretion of JMP Creative.
7. Native/Working Files
7.1 Unless otherwise specified, all Quotes and invoices issued by JMP Creative are for print-ready and/or digital files only, and do not include original working files. JMP Creative can supply native/working files for a fixed rate of 300% of the original Quote, or for a cost negotiated with the Client. In this respect, all Quotes are for final art only, and not the files used to create them. When you order a meal you don’t expect to get the recipe.
8. Payment Terms
8.1 Unless otherwise stated, all prices are in Australian Dollars (AUD).
8.2 The Client acknowledges that certain Jobs may involve the licensing of third party Intellectual Property Rights and that the Client may be required to enter into a licence directly with such third party.
8.3 The price stated in all Quotes is an estimate based on a qualified estimate of the time and effort required to complete the Job. In the event that the Job’s scope extends the bounds of the Quoted amount, through no fault of JMP Creative, a revised Quote will be issued as soon as possible, to be approved in writing by the Client.
8.4 Whilst every effort is made to ensure that Quote estimates are accurate, JMP Creative reserves the right to amend any Quote, should an error or omission have been made.
8.5 The Client shall pay each invoice submitted by the Company within fourteen (14) days of the date of the Invoice. Payment is to be made by Bank Transfer only, to the account specified on the Invoice.
8.6 At the discretion of JMP Creative, a fee of $10.00 AUD (to cover administrative expenses and not as a penalty) shall be charged per reminder for overdue payment submitted to the Client. JMP Creative is entitled to submit such reminders on a weekly basis once the fees have become overdue, and JMP Creative expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.
8.7 Once a Job has been completed and payment received by JMP Creative, the Job is considered closed, and any further revisions, design changes or correspondence regarding the Job will result in a new Quote being issued for approval.