TLG Creative

Terms and Conditions

Last Updated: 1st April 2021

Work commencement

On provision by the client, TLG Creative will begin the project it has been commissioned to create. Approval to proceed from the client acknowledges TLG Creative’s terms and conditions as outlined below.

Payment

Before project commencement, a 50% deposit is required to be paid to TLG Creative for projects commissioned, unless alternative agreement has been made in writing. Full payment on receipt of invoice (including GST). The client agrees to pay the invoiced amount within the contained payment terms and on receipt of a tax invoice.

Additional costs

Additional concepts, changes to the invoiced work (e.g - website pages, content creation, etc), presentations, refinements, image manipulation, finished art, author corrections, project/print management, materials, proofs, font purchases, couriers etc, will be billed accordingly. All third-party services requested by the client that require on-going fees are to be administrated by the client only, this ensures that TLG Creative is not billed for on-going expenses. All electronic artwork files are owned by TLG Creative. If on request the client would like to use the artwork files for future projects internally within its organisation, an additional fee will incur for the purchase of the artwork files from TLG Creative. All items outlined in the estimate and additional costs are subject to 10% GST.

Timelines

It is agreed that after work (whether in full or partial) is sent by TLG Creative to the client, that requires revision or sign-off from the client, a 28 day period will be provided for revision. If the client fails to provide any changes or revision within the allocated timeframe, the work (whether in full or partial) will be considered complete and any outstanding payment will be invoiced.

Copyright & Intellectual Property

It is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in your invoice. It is agreed that TLG Creative hereby assign to the client, upon written confirmation of the submission and the receival of final payment after the completion of the project, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work invoiced. This granting of copyright does not extend to the use of design proposals submitted but not approved by the client for the work invoiced.

Trademarks, Logos & IP Issues

The client shall be solely responsible for any Trademark or Copyright searches pertaining to the design project.
All concepts created by TLG Creative are original and will not knowingly copy other rightfully trademarked or copyrighted material.

Reproduction of work

TLG Creative retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of TLG Creative’s business. Where applicable the client will be given any necessary credit for usage of the project elements.

Cancellation of project

The client shall not unreasonably withhold acceptance of, or payment for the project. If, prior to completion of the project, the client observes any non-conformance with the design project, TLG Creative must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in possible billing for all additional labor or expenses to date. All elements of the project must then be returned to TLG Creative. Any usage by the client of those design elements will result in appropriate legal action. The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract.

Liability of work and materials provided

It is agreed that all work and materials provided for the client by TLG Creative will be free and clear of all liens and encumbrances and may be lawfully used by TLG Creative without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

Confidentiality

It is agreed that employees or sub-contractors of TLG Creative shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.

Amedments to these Terms & Conditions

All and any amendments to the terms and conditions must be provided in writing by the client and signed by an authorised representative of TLG Creative prior to the commencement of work.