Please read this information carefully, as commissioning work from us, including your acceptance of our quotes, indicates your acceptance of these terms and conditions.


'We', 'our' and 'us' refers to fireseed. 'You' and 'your' refers to our client as listed on our proposal and/or quote for the project.

TERMINOLOGY


PROCESS OF WORK

Briefing
A written brief is agreed on before any work is started.

Quotes
Quotes are based on the project as briefed. Before the commencement of any work the quote must be signed by you and returned to us, or a purchase order or email (quoting our reference number and the total cost) supplied. Your signature on the quote or our receipt of your purchase order or email acknowledges your acceptance of the quote and these terms and conditions, constitutes a contract between us and you, and gives us your authorisation to proceed with the work.

External suppliers
We have long-standing relationships with excellent suppliers including printers, photographers and artists. If you choose to use them we will liaise with them during the course of each job and you will pay them directly (including any deposit required to begin the work). If you prefer to source your own commissioned work we will happily supply final artwork direct to you or your supplier.

On-hold or cancellation
If, after your acceptance of the quote, the project is on hold for longer than two months due to waiting on feedback from you or is cancelled by you, charges will apply. The charges comprise the work already undertaken on the project plus any Sundries which have been directly incurred by us on your behalf.

Approval
Final artwork is approved by you before proceeding to production. While we take all care to ensure final artwork is correct, ultimate responsibility for its accuracy rests with you, so please check all artwork thoroughly before giving your approval to proceed to production.


COPYRIGHT ISSUES

Copyright
Under the Copyright Act 1968 the copyright for work provided to you by is retained by us, and the copyright for photography, illustrations and any other original creative work by external suppliers is retained by the author/creator. After paying in full for the work, you have exclusive licence to use the work for the purpose/s and/or time/s specified on the quote. If required, extended usage or sharing of copyright may be arranged for an additional cost.

Supply of artwork
If we design a logo for you we will supply it as an eps and jpeg. Apart from that we do not supply files, other than final artwork in the form of a PDF, for any project and all files remain copyright to us.

Breach of our copyright
Our creative product is the basis of our business. We will vigorously pursue criminal prosecution and maximum financial compensation for any breach of our copyright, including, but not limited to, your usage of our work before payment in full is received by us, and your usage of our work for a purpose or purposes not specified in our quote or invoice.


TYPES AND COSTS OF WORK

Consulting
To work with your organisation on a consulting project (for example to align your organisation’s culture and campaigns or to undertake a review of current branding and materials) we charge a consulting fee. The fee is determined by the scope of work required. The fee includes meeting with your team individually and/or in groups as required, analysis of discussions and/or materials and a written report with observations and recommendations.

Concept
Concept is the creative solution to a brief. Examples include: the idea behind an ad or campaign; logo design and brand guidelines; a cover and style guide for a publication. To work on concepts we charge a concept development fee determined by the scope of the project. If you are not entirely satisfied with the concepts presented, at our discretion we may do a minor rework at no charge. If you request more substantial changes we will charge our appropriate hourly rate to do them. If you require completely new concepts we will charge an additional concept development fee. After the concept is approved the continuation of the work is charged at the appropriate hourly rate.

Creative
Creative involves working with existing elements. Examples include: design of stationery after the logo is approved; page layout for brochures after the initial concept is approved; reworking a concept; supervision of a photo shoot; copy editing. Creative is charged at an hourly rate after concept is approved, and for work where no concept work is required.

Technical
Technical is work which does not involve Creative. Examples include updating a previous project, simple changes to a project and preparation of final artwork for production. Technical is charged at an hourly rate after concept is approved, and for work where no concept work is required.

Urgent projects
Express rates of 200% of our standard rates are charged when work is required in less than 48 hours and for work required on non-business days. Please note that in addition to public holidays, Monday and Friday are non-business days for us. Please also note that we are not always able to accommodate urgent work. If we have quoted a job based on non-urgent timing and the job becomes urgent, we will charge the appropriate express rate.

Minimum charge
For all projects there is a minimum charge of one hour. At our discretion this may also apply to Changes.

Changes
These are any changes to a project requested by you. Changes are not included in our quotes and will be charged at our appropriate hourly rate, including express rates for changes required urgently. At our discretion we may do minor changes at no charge. Changes required to correct oversights or mistakes made by us will of course be free of charge.

Project management
For the time taken liaising with you on a project we charge a project management fee of 10% for all projects. This is calculated on the subtotal of the invoice, excluding sundries.

Sundries
Sundry costs incurred for the project will be added to your invoice. Examples include mailing, couriers and art materials. As these costs are incurred during the course of your project, we cannot include them on your quote, however they are usually minor amounts and we will do our best to advise you and request your approval before we incur them.


PAYMENT

At our discretion, all new clients, including, but not limited to, individuals, registered businesses, companies and organisations, may be subject to a credit check and risk assessment from our credit reporting agency. From new clients we require a deposit of 50% of the total amount on our quote before we commence the work. The balance plus Sundries and any extra charges (eg for Changes) are payable on the date of invoice. At our discretion we may offer terms of 14 days to existing clients with a good payment history.

Late payment
If you are unable to pay an invoice by the due date please contact us before this date to make a payment arrangement. If an invoice is not paid by the due date and no payment arrangement has been made we will list the default with our credit reporting agency and commence legal action. A late payment fee of 5% of the total invoice will be added to your account for each calendar month or part thereof until the account is paid in full.


INDEMNITY

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by you or a third party resulting from the provision of services by us to you, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms or your breach of any copyright, discrimination or violation of privacy.


We reserve the right to make changes to these terms and conditions at any time and without notice.

CHANGES TO THESE TERMS AND CONDITIONS