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1. Definitions

   1. ‘The Company’, ‘we’, and ‘our’ means Tiger Finch Creatives Limited.
   2. ‘The Client’, ‘you’, and ‘your’ means the party, or any person acting on their behalf with whom the Company contracts.

2. Estimates, Planning, & Schedules

   1. All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional unless specifically included in quotes.
   2. All estimates are based on expected or agreed design time and allow for reasonable revisions as defined below. Further corrections may incur an additional cost.
   3. Unless specifically agreed, content (e.g. text, images) are expected to be delivered to The Company in a suitable digital format. There may be additional costs for scanning images, creating vector images from raster images, or typing text.
   4. Where there is a change of brief, the Company will inform the Client in advance of any extra costs likely to be incurred.
   5. All projects are planned to an agreed schedule. Non-adherence to this schedule by the Client may result in compromising final delivery deadlines. If this is likely to occur, the Company will advise the Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.
   6. Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.

3. Revisions to design concepts

   1. We offer clients a reasonable number of revisions to the selected concept.
   2. Tiger Finch’s decision as to whether requested revisions are ‘reasonable’ is at our own discretion.
   3. ‘Reasonable’ revisions will not include (unless otherwise agreed):
      1. Developing more than one concept past the first visuals stage
      2. Creating and developing a new concept/new concepts after the first visuals stage
      3. Significant changes to the original brief or scope of the project
      4. Significant changes to content supplied. Changes made during proofing stages are to be expected, but excessive revisions may incur extra costs. Content supplied needs to be near final content. Unless otherwise agreed, we do not include a 2-stage process of laying out draft content and then replacing this with final content.
      5. Continuing to develop a concept where a client is struggling to reach a final decision, for example when more than one decision maker is having input and this is impacting the work involved in the project
      6. Revisions once the final design has been approved, or you have taken final delivery of the design
   4. Any work we do not include in ‘reasonable revisions’ (including but not limited to the examples above) may incur extra costs. We will advise if it looks like extra costs may be incurred, before going ahead with the work.

4. Invoicing

   1. The Company reserves the right to request payment in advance of commencement. Otherwise, The Company must receive full payment not later than 30 days after the date of Invoice. The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time.
   2. All work is billed on completion of project stages (e.g. Stage 1 Conceptual Design, Stage 2 Detailed Design and Design Development, etc. Smaller projects will be billed at completion), unless agreed otherwise.
   3. Tiger Finch Creatives Limited reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project, should the project be unable to be completed for any reason, or has been delayed/put on hold by the Client for a period of 4 weeks or more.
   4. In good faith, Tiger Finch Creatives Limited will hold any supplied files, originals and materials for a period of up to 12 months. Resumption of works on the project within this 12 month period will be completed according to the original schedule of costs so long as the project specification remains unaltered, and any expenses remain unchanged.
   5. Disbursements on behalf of any client may result in a request for payment in advance from The Client.

5. Intellectual Property

   1. The Company retains ownership and copyright of all original artwork, software, or other work, whether preliminary or final. If transfer of ownership of all rights is desired, the rates may be increased.
   2. Upon payment of all outstanding invoices, The Company grants The Client a perpetual licence to use, for the agreed project, the final materials we produce for the project. This includes the right to sublicense it as required for the project (e.g. for printing and distribution), and to sell this right to another party if you sell the project. More specifically:
      1. Computer software (e.g. websites): The Company assigns The Client a license to use the software on one installation only (e.g. one workstation for desktop software, or one domain for web software), unless otherwise agreed. Portions may be covered by ‘open source’ style licenses (e.g. MIT), and other proprietary licences, and such licenses apply to those portions.
      2. Web Design: The Company assigns The Client a license to use the design on one installation (one domain) only, unless otherwise agreed.
      3. Branding: The Company assigns The Client a perpetual licence to use the branding assets as they wish.
      4. Other Design Work (including print and electronic assets): The Company assigns the client a licence to use the final design for the agreed project. If the client wishes to use the design, or sub-portions of it, in another work, this may incur additional fees.
      5. Imagery will be covered by various licences, depending on where it is sourced from. Generally, these will allow you to use the images for the project, but not to resell or transfer them, and not to distribute them except as part of a final design. There may be usage limits on some images (e.g. 500,000 printed items).
         For any photos we shoot for you or illustrations we produce for you, we keep the copyright; we grant you a perpetual licence to use it for the project, but not to reuse for other projects, redistribute, or resell.
      6. Fonts will be covered by specific licences. We do not provide font licences for clients unless specifically agreed.
   3. Once final proofs/materials have been signed off, the Company cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.
   4. It is the responsibility of the Client that all materials (including, but not limited to images – photographs, diagrams or illustrations, the client’s own and third party logos as well as intellectual property in other media) supplied to Tiger Finch Creatives Limited by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Tiger Finch Creatives Limited will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
   5. The Client has no rights to non-final design work or design elements, including draft designs, alternative concepts, samples, and mockups.

6. Subcontracting

   1. The Company reserves the right to commission freelance support or outsource any job if it is felt it is in the best interests of the Client. Any outsourced job remains the property/responsibility of the company and such services are deemed to be carried out ‘indirectly’ by the Company.
   2. As part of larger projects which involve 3rd parties commissioned directly by the client, the Company will not be held responsible in any way for services not carried out/managed directly or indirectly by the Company.

7. Disputes

   1. Advice of any loss, quality or damage issues must be reported to the Company within five clear working days of delivery and receipt (whether be printed or digital) and and any claim in respect thereof must be made in writing to the Company within 3 working days thereafter. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with.
   2. In the event of any bona fide dispute or difference arising between the parties in connection with the Contract (excluding any dispute relating to non payment of the Charges, for whatever reason), the parties shall attempt to resolve such dispute or difference in good faith or by mediation. It is the responsibility of the Client to inform the Company immediately of any issue that may lead to a dispute (including but not limited to quality, service, cost, deadline), without such information, no disputes will be entered into.
   3. Every endeavour will be made to deliver the correct printed quantity ordered, but estimates are conditional upon margins of 5%. The Company reserves the right to change/alter ordered amounts in the Clients’ best interest.
   4. Whilst taking every care to protect all media and correspondence supplied, the Company cannot accept liability or be held responsible financially or otherwise for any loss of such media, data etc. Disputes will not be entered into.
   5. The Company cannot guarantee the Client exclusivity of any marketing concept, strategy, design or other intellectual property provided. Therefore the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
   6. It remains the Client’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Client by the Company.
   7. If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Tiger Finch Creatives Limited judges to be proportional to the amount of work completed on the commission and further compensatory charges for booked design time or printing press time or any other supply costs accruing.
   8. If after delivery of first visuals, and prior to any requests for changes or revisions, or to proceed further, you are not happy with the visuals delivered, we will undertake to provide these options:
      1. If you believe we have not met the brief, another designer at Tiger Finch will examine the brief and the visuals provided. If we agree that we have not met objective requirements in the brief, you may request a redo of the first visuals, or a refund.
      2. If you would like to refine the brief, you can provide a refined brief; we will quote you for the additional work to alter or create new concepts for the new brief.
      3. Alternatively, you may cancel the project. In this case, only the first visuals are chargeable (and any other work which has been completed), which, unless otherwise stated, constitutes 50% of the design fee.
   9. Once the visuals have been approved, and we proceed to the next step, if you cancel the project, we will invoice the full amount.

8. Credits and Promotion

   1. The Company reserves the right to the addition of our Company credit on printed or digital projects unless instructed otherwise by the Client, and to the use for self-promotion of any work carried out for the Client.
   2. The Company reserves the right to remove our Company credit at our discretion. If this is under the control of The Client, the client must do so within 5 working days.
   3. The Company reserves the right to use both initial creative concepts and final approved design work for the purposes of the Company’s marketing activities (both online and offline) unless otherwise requested/agreed with the Client.

9. Prohibited Content

   1. We offer a highly professional service. We therefore reserve the right to refuse work which falls outside our normal terms of business, or which might otherwise adversely affect the reputation of our business or staff.
   2. We cannot accept any project or content (whether images or otherwise) which is threatening, defamatory, obscene, pornographic, profane or blasphemous, or which we might consider “inappropriate” or likely to be offensive in the minds of reasonable people. This includes any material which depicts or condones any kind of abuse, is offensive on grounds of race or religion, or is likely to incite hatred against any person or group.
      Nor can we accept work in relation to any material or activity:
      1. which might encourage drunkenness or gambling,
      2. relating to the promotion of any political cause,
      3. which is likely to breach any applicable law,
      4. content which in our good faith judgment is deceptive, fraudulent, or misleading.

10. Terms and Liabilities

    1. Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of any significant alterations to the Terms and Conditions.
    2. The company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Illness or restrictions due to self-isolation, Failure of power supply, Equipment malfunction, Lock out, Strike by employees in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available. If a deposit has been paid for work that is cancelled according to this clause, the deposit shall be returned minus any amounts owed for work completed or materials used.
    3. The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning our services.