Deposit and Payment

  1. The client agrees to pay a non-refundable 50% deposit of the quoted price prior to commencing any job. The final balance of the quoted amount is due prior to the delivery of the finished artwork or website going live. No artwork will be delivered until the full payment has been made.
  2. The artwork, website, and graphics remain the property of Milly + Co. until all outstanding accounts are paid in full.
  3. Payment can be made by Direct Deposit or PayPal (fees may apply). Account details are located on the invoice.

Pricing

  1. All prices are in Australian Dollars ($AUD).
  2. Prices are subject to change without notice.

Quoting

  1. Quotes are valid for 14 days.
  2. Quotes do not include printing or delivery costs. Printing and delivery prices are available on request.
  3. Additional concepts, alterations or work not specified in the original proposal will be re-quoted, or charged at an hourly rate.

Copyright/Ownership

  1. The client will have the reproduction rights after the project has been paid in full and delivered to the client.
  2. Milly + Co. reserves the right to use the artwork, at any stage of the design process, for marketing purposes.
  3. Milly + Co. reserves the right to use elements of the design in other projects. This includes elements that are not exclusive to the design such as fonts, stock images, or aspects of illustration.
  4. Milly + Co. reserves the right to display a small text link (12pt) to their own website, on the bottom of the client's website.

Submission of Artwork, Data and Content by the Client

  1. The client is responsible for the submission of accurate artwork, data or content. Milly + Co. takes no responsibility for errors in the submitted artwork, data or content.
  2. Client must own the copyright to any supplied images or photographs.
  3. Milly + Co. will assume the client owns copyright of the image or photograph in use, and will not be held liable for any accusations regarding the unauthorised use of an image, artwork or photograph.

Cancellations

  1. In the event of a cancellation, ownership of original artwork and all copyrights will remain under Milly + Co. The initial 50% deposit is non-refundable and will act as a cancellation fee.

Turnaround and Communication

  1. Turnaround times vary depending on the project. Milly + Co. will aim to meet all deadlines; however, will not be held liable for any loss due to late artwork, data or content submissions.
  2. All communication will be done via email. Throughout the design process it is important that communication is constant to ensure the completion of tasks at a reasonable pace. Failure to communicate in a timely manner (within 2 business days) may result in a project being put on hold until the next available opening.
  3. If Milly + Co. do not hear from a client within 14 business days, that client's project will be considered abandoned and cancelled without notice. Work on the project will cease and payments made will not be refunded, nor will design files be delivered. Please contact Milly + Co. if there is a known break in communication to reschedule an ongoing project.

Artwork Approvals, Colour Variations and Printing

  1. Milly + Co. takes care to avoid any errors throughout the design process. Once the artwork is approved by the client, the decision is final and Milly + Co. takes no responsibility for any mistakes. It is the client's responsibility to check all information. Please take time and consideration, checking all spelling, grammar, phone numbers, addresses and other important changes. Milly + Co. cannot offer refunds or reprints for mistakes.
  2. There may be some colour variations between different computer screens, different printers, and even different print runs. This is due to the nature of CMYK printing as well as varied screen and print settings, and choice of stock (paper). Always request a printed proof from your printer if you are concerned about colours.

Completion Dates and the Delivery of a Project

  1. Milly + Co. and the client must work together to complete the project in a timely manner. We agree to work efficiently to deliver a project by the agreed date, provided the client has submitted all necessary content and materials. If the client does not provide Milly + Co. with the necessary content and materials within 30 days of an effective agreed date, the entire deposit amount will be retained by Milly + Co. and the contract shall be void.

Third Party Dealings

  1. Milly + Co. will not take any responsibility for client dealings with third parties. Third party being, but not limited to, printers, delivery services, sign makers, web hosting services, etc.

File Storage

  1. It is the client's responsibility to file and store their files. Milly + Co. will not take responsibility for any missing or damaged files once the project has been completed and delivered to the client.

Privacy

  1. All correspondence is treated as confidential. Milly + Co. reserves the right to use the designs as part of marketing, portfolio work, and other promotional activities.
  2. No information will be sold or given to third parties.
  3. No banking details will be recorded or stored.

Website Information

  1. Milly + Co. uses Squarespace for all website design. Milly + Co. takes no responsibility for any errors caused by Squarespace or third party web developers.
  2. Milly + Co. endeavours to ensure all websites run error-free; however, we accept no responsibility for losses incurred due to malfunctions within the website or its code.
  3. Milly + Co. aims to design websites that display acceptably across popular and current web browsers. We cannot accept responsibility for pages, which may not appear correctly in newer versions of browsers released after the site has gone live.

Domain Registration, Domain Hosting, Renewal and Back-Up

  1. It is the client's responsibility to register and maintain their domain name.
  2. It is the client's responsibility to register and maintain hosting services.
  3. Whilst Milly + Co. can recommend hosting companies for a client's website, no guarantee can be made as to the availability or interruption of this service. Milly + Co. cannot take any responsibility for losses caused by the unavailability, malfunction or interruption of this service, or for the loss turnover, sales, revenue, profits, or indirect, consequential loss.
  4. In the case the client is given the login details to the administration dashboard of the website, the client is then responsible for any malfunctions that may occur due to misconfiguration of the website. If there is a need to fix errors caused by this misconfiguration of the website, the client will be charged at an hourly rate.
  5. It is the client's responsibility to maintain necessary back-up's, and to file and store their files.

Termination of Service

  1. Milly + Co. reserves the right to terminate our services if any of the above conditions are breached.
  2. If there is any amount overdue for more than a 14 day period, Milly + Co. reserves the right to close the account and suspend all services until the full amount has been paid.
  3. Milly + Co. reserves the right to refuse to handle in any form or manner, material that may be deemed offensive, illegal, or controversial, and to terminate services should the situation arise. 

Liability

Printed Material - Milly + Co. hereby excludes itself from all and any liability involving:

  1. Loss or damage incurred by inaccuracy.
  2. Loss or damage incurred by delay or error.
  3. Loss or damaged incurred by third party dealings.

Websites and Online Material - Milly + Co. hereby excludes itself from all and any liability involving:

  1. Loss or damage incurred by inaccuracy.
  2. Loss or damage incurred by delay or error.
  3. Loss or damage incurred by third party dealings.
  4. Loss or damage to clients' artwork or photos contained within the website.
  5. Loss or damage caused by any decision, refusal or positioning results made by search engine services or Internet directory services.
  6. Loss or damage due to the downtime of any servers.