Terms of Service.
These are the standard Terms of Service for design projects undertaken by FYE Design. Please read them carefully. If anything raises a concern, please contact us before the project begins so that any necessary adjustments can be discussed and agreed in writing.
FYE Group Pty Ltd ACN 656 749 432, trading as FYE Design (“FYE Design”), provides design and related creative services subject to the following terms.
1. Payment
FYE Design reserves the right to request a 50% deposit or full payment prior to commencing work. Payment of a deposit, approval of a quotation or written instruction to proceed constitutes acceptance of these Terms of Service.
Invoices are payable by the due date stated on the invoice. Unless otherwise agreed in writing, FYE Design's standard trading terms are C.O.D.
The balance of the project cost may be invoiced prior to delivery of final artwork. FYE Design reserves the right to withhold final files until all outstanding amounts relating to the project have been paid in full.
If a client becomes unresponsive for more than 30 days, FYE Design may invoice for work completed up to that point.
Payment plans may be considered at FYE Design's discretion and must be agreed in writing.
Where an invoice remains overdue, the client may be responsible for reasonable costs incurred by FYE Design in recovering the outstanding amount, to the extent permitted by law.
2. Project Scope & Revisions
Quotes are based on the scope, deliverables and revisions described in the approved quotation.
Changes to the agreed scope, additional concepts or deliverables, revisions beyond those included in the quotation, or work requested after approval may incur additional charges at FYE Design's current hourly rate or be quoted separately.
Where supplied material differs significantly from what was originally described or anticipated, FYE Design reserves the right to revise the quotation before proceeding.
Any significant change in project direction after work has commenced may affect the original timeframe and cost.
3. Typefaces & Third-Party Licences
Clients are responsible for obtaining any commercial licences required for fonts or typefaces they wish to install, edit or use independently. Where applicable, FYE Design will provide the relevant font names or sources.
FYE Design cannot supply copies of font software that it has licensed or purchased unless the applicable licence specifically permits this.
Where type has been converted to outlines within final artwork, the client may not require the font software itself to use that artwork. Any installation, editing or other use of the font remains subject to the relevant font licence.
Stock photography, illustrations, software, templates or other third-party assets may also be subject to separate licensing conditions. Where these are required specifically for a project, any associated licensing costs will be identified where reasonably possible.
4. Concepts, Working Files & Unused Artwork
All preliminary concepts, sketches, drafts, design explorations and unused or unapproved artwork remain the intellectual property of FYE Design.
Clients may not use, reproduce, modify or develop unused concepts without prior written permission from FYE Design.
Unless specifically included within the agreed scope, editable working files, source files, preliminary artwork and internal production files are not considered part of the final deliverables.
FYE Design reserves the right to rework, develop or repurpose unused concepts for other purposes, provided this does not involve the unauthorised use or disclosure of the client's confidential information or intellectual property.
5. Ownership of Final Artwork
Ownership of the agreed final artwork transfers to the client upon receipt of full payment for the project, subject to any third-party intellectual property or licensing restrictions.
Until full payment has been received, the artwork remains the property of FYE Design and may not be reproduced, published, distributed or used commercially without written permission.
Unless otherwise agreed, ownership of final artwork does not include unused concepts, preliminary designs, editable working files, source files, fonts or other licensed third-party assets.
In the event of non-payment or material breach of these Terms, FYE Design retains ownership of unpaid design work.
6. Client-Supplied Content
Clients are responsible for ensuring they have the necessary rights and permissions to use any text, photographs, illustrations, logos, trademarks or other material supplied to FYE Design.
FYE Design will assume that client-supplied materials are authorised for use and accepts no responsibility for claims arising from materials supplied without the appropriate permissions.
Clients are also responsible for supplying content in a suitable format and quality for its intended use. Additional work required to recreate, repair, convert or prepare supplied material may incur additional charges.
7. Trademarks & Business Names
FYE Design does not provide legal advice, trademark searches or trademark registration services unless specifically agreed otherwise.
Clients are responsible for confirming that any proposed business name, product name, logo, slogan or other identifying material is legally available and suitable for their intended use.
FYE Design accepts no responsibility for disputes or legal issues arising from the client's use or registration of a name, logo or other identifying material.
If a name or other fundamental element changes after design work has commenced, additional design work may be required and additional charges may apply.
8. Proofing & Approval
FYE Design will take reasonable care in preparing artwork. However, clients are responsible for carefully reviewing all proofs before providing final approval.
This includes checking spelling, grammar, names, dates, contact details, pricing, dimensions, specifications and any other information contained within the artwork.
Approval to proceed constitutes confirmation that the client has reviewed and accepted the artwork.
Where an error is identified after final approval or production has commenced, any costs associated with correcting, reproducing or replacing the work may be the responsibility of the client.
9. Print & Production
Colours displayed on screen may differ from printed output due to differences between displays, printing processes, substrates, inks and production methods.
Reasonable variations may also occur in trimming, folding, registration, finishing, colour and other manufacturing processes. These variations are inherent in commercial print production and are not necessarily considered defects.
Where FYE Design arranges production through a third-party supplier, production is also subject to that supplier's manufacturing capabilities, tolerances and terms.
Once final artwork or a production proof has been approved by the client, changes may result in additional artwork, production or reprinting costs.
10. Portfolio & Promotional Use
Unless otherwise agreed in writing, FYE Design reserves the right to display completed work in its portfolio, website, social media, presentations, printed publications, award entries and other promotional material.
Where a project is confidential, subject to an NDA or has not yet been publicly released, the client should advise FYE Design before the project begins or prior to publication.
FYE Design will take reasonable steps to respect agreed confidentiality requirements and launch dates.
11. Cancellation
If a project is cancelled after work has commenced, the client will be responsible for payment for work completed up to the date of cancellation, together with any third-party costs already committed on the client's behalf.
Any deposit already paid will be applied against the amount owing. Where the value of completed work is less than the amount already paid, any refund will be determined having regard to the work completed and costs incurred.
If FYE Design is unable to complete a project due to illness, exceptional circumstances or another situation within FYE Design's reasonable control, any refund will be determined according to the amount of work already completed.
12. Project Delays & Suspension
FYE Design reserves the right to pause or terminate a project where invoices remain unpaid, required information or feedback is not provided within a reasonable timeframe, the agreed scope or working arrangement is materially breached, or circumstances arise that prevent the project from progressing reasonably.
Where possible, FYE Design will notify the client and provide an opportunity to resolve the issue before suspending or terminating the project.
Projects that remain inactive for more than 30 days may be invoiced for work completed to date and may require rescheduling according to FYE Design's current availability before work resumes.
13. Force Majeure
FYE Design will not be responsible for delays or failure to perform its obligations where this results from circumstances beyond its reasonable control, including natural disasters, serious illness, war, terrorism, government restrictions, widespread service outages or other comparable events.
FYE Design will make reasonable efforts to resume services as soon as practicable.
14. Limitation of Liability
FYE Design will take reasonable care in providing its services and preparing project deliverables.
To the extent permitted by law, FYE Design will not be liable for indirect, incidental or consequential loss arising from the use of its services or deliverables, or from modifications made to supplied artwork after delivery.
The client remains responsible for determining whether the final work is suitable for its intended commercial, legal and regulatory use.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under applicable Australian law.
15. Governing Law
These Terms of Service are governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.