Terms of Service

terms and conditions for design

Terms of Service

These Terms of Service shall apply during the duration of services with Ellephant Studios, their employees and/or Jozzelle De Jesus.
  1. This agreement shall commence on the date of availability of the services and will remain in effect for an initial term of contract or separately agreed between the parties; any exception may only be granted in writing.
  2. All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation.
  3. All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received, all logos, artwork, concepts and designs remain the copyright and exclusive property of Ellephant Studios unless otherwise agreed upon in a written contract.
  4. Any projects may receive follow-ups in the form of email, call, and text message in a span of 10-12 working days. Lack of response to the follow-up will consider the project abandoned and the 20% deposit will be forfeited.
  5. Ownership of the final artwork becomes the full property of the client only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of the artist.
  6. We reserve the right to utilise and/or reproduce any image, logo or illustration created by the company in advertising, electronic, traditional reproduction, or to display the work in corporate portfolios, unless exclusion is explicitly requested in writing by the client.

CLIENT RESPONSIBILITIES

  1. The client unconditionally guarantees that any element of text or graphics provided for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organisation.
  2. It is the client’s responsibility to ensure that the name of their product, company, or service is not already in use. It is the client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image.
  3. Any and all revision requests or project additions/alterations MUST be sent in writing. Revisions may be discussed verbally however, no work will be done until the client submits their revisions in writing, either by email or mailed letter.
  4. It is the client’s responsibility to provide notification if payment will be late.

QUOTATIONS

  1. Quotes provided are an estimate only and should your project take longer, you will be advised in writing before continuing with the work. No work shall continue without client approval.
  2. Further changes to the project that has not been included in the original design brief may change the final amount owing on the invoice.
  3. Clients may opt for a one-off project quote instead of an hourly rate but this must be expressed at the first consultation.

PAYMENT

Unless otherwise specified in a written contract, the following terms are applicable:
  1. A 20% upfront payment of the service is required to commence any project above $300 upon client approval. Work will commence once the payment has cleared.
  2. All invoices are payable within 14 days from the issue notice.
  3. After 30 days, a late payment charge of 2% per month is applied to all outstanding accounts, without exception and retroactive to the date of invoice.
  4. If the account remains in default after 90 days, or if the customer’s payment is charged back to us, we will issue one final warning before turning the account over to a third-party collections agency or appropriate legal avenues.
  5. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections.
  6. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will remain with or revert to Ellephant Studios. In such a case, we retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.

REFUND POLICY

Clients reserve the right to cancel any services at any time but the following conditions will be enforced:
  1. Consultation – No charges are applicable as consultation is free to get a quote
  2. Green Light – No charges if the client does not provide approval for the project. The 20% deposit (for projects over $300) is required at approval and can be refunded within the first 48 hours if the client has changed their mind
  3. First Draft & Production – The 20% deposit will not be refunded at this stage as production has commenced but the invoice will be settled. You will not be required to pay the rest of the amount. Special considerations may apply.
  4. Final Approval – If the client has reached the final stages and decide to withdraw, the 20% deposit will not be refunded and the full payment will be required from the client.
Any designs and intellectual property for the project will remain the property of Ellephant Studios upon cancellation. The 20% deposit will not be refunded if your project has been considered abandoned and you will need to repay this deposit should you wish to re-open the project.

PRIVACY

  1. Client accounts and project file archives are stored on a dedicated, secure, in-house server that is not accessible (physically or otherwise) by anyone other than Ellephant Studios and/or any sub-contractors and employees
  2. We may request certain information. This information does not get shared with any person or entity, other than as set out in this policy. No other third party receives your personally identifiable information or other transaction data except for those with whom you have transactions and share that information.
  3. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
  4. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

Should you wish to discuss any of the above information further, you may contact us by sending an enquiry to: info@ellephantism.net

BOOKING

Booking schedule is subject to review. Booking on Acuity Scheduling are for discussion of project only and only reflect the hourly rate available, not the final price. If you require an urgent work completed, you may call for a time slot but the price will be at double the standard rate as you will be taking time away from my personal time (or what is left of it). The calendar is shown at Australian Eastern Standard Time (Brisbane) and may show that I am overseas. You may still enquire for me to work as I will have my equipment but keep in mind the time zone variation.