Terms

Swell Design Group Pty Ltd

Quote duration and scope

This quotation is valid for 30 days from its issue date. The pricing has been developed to reflect the entirety of the project scope should the scope of the project contract significantly, we reserve the right to provide you with a new estimate.

Author corrections

Author corrections will be charged as an additional cost at our quoted hourly rate of AUD$205.00 + GST unless otherwise negotiated. Author’s corrections are any requested changes to design, structure or content, which vary from the original brief or are requested after approval of that project stage has been received.

Payment terms

Our payment terms are strictly 30 days from project completion date, unless an alternative arrangement is negotiated prior to commencement of the project. Payments not received by the due date will attract a cumulative interest charge of 5% for each week that payment remains outstanding. Progressive invoices will be issued for projects that exceed 30 days duration. These invoices will be issued at the end of each month for any work completed to that date or at the conclusion of key milestones of the project and are payable 30 days from the invoice date.

Courier charges

Any charges for courier deliveries required will be added to the client’s invoice.

Copyright and ownership of outputs

Swell Design Group will provide the final finished product, together with the final artwork files (excluding working files and fonts, which by law must be purchased by the client) to the client upon completion of the project. Copyright of all graphic design material for the project will remain the property of Swell Design Group. Swell Design Group will grant a limited copyright license to the client for use pertaining to the specific project for which the design/solution was developed. If the client wishes to use the design/solution for additional purposes, they will need to contact Swell Design Group prior to commencement of any further work. Swell Design Group shall retain intellectual property rights for all programming and source code that we may develop in the course of the project.

Who owns copyright over design work produced by Swell Design Group?

By default, Swell Design Group will retain copyright over all design/solutions produced by the company. Copyright is all about protection, not only for the originator of the design, but also for the client or purchaser of the design solution or service. When Swell Design Group develops a design solution for a client, it is to meet a specific brief. We work hard to deliver the best possible solution to that original brief and do not proceed until there is a consensus between ourselves and our client that we have achieved this. At Swell Design Group we are very proud of what we do and we put our all into each and every project. Retaining copyright over our original designs ensures that the integrity of the original design is maintained, which in turn benefits you.

What are we paying for when we purchase design from Swell Design Group?

With every project you undertake with Swell Design Group, you are buying a specific design solution including the final artwork files (excluding fonts and working files). You are also paying for a limited copyright license to use the artwork/design for the original intended purpose. This means that you only have to pay for the license you need at the time, which in turn ensures that we are able to keep our costs down. A full, unrestricted license over artwork can be very costly, therefore we believe that it is in your best interest to only charge you for what you need. If, in the future, you require further use of a design or artwork, you need only contact Swell Design Group and request permission to re-use the desired artwork. Of course, an additional fee may apply, however this is based entirely on the intended use and is assessed on a case-by-case basis. As far as intellectual property (IP) is concerned, Swell Design Group retains all rights regarding programming and development of source code, as well as design processes (incorporated in the development of working files such as layered Photoshop files). Once again you will be granted a limited license to use the developed IP for the purpose of the intended project.

What if we want full copyright license over a design/solution?

We are happy to negotiate the handover of copyright, however this may attract an additional fee. Each request for the handover of copyright will need to be assessed on a case-by-case basis. If you have any questions, please don’t hesitate to contact us.

Confidentiality

Employees of Swell Design Group will not, either during the course of the project or after completion, except in the course of their duties, divulge any of the confidential affairs of the client without prior written consent from the client.

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