Terms and Conditions.

Last Updated 12 January 2024

The following Terms and Conditions of Service apply to all products and services provided by The Visual Cue and in the event of any dispute are governed by the laws of Australia.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Visual Cue reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

All work is carried out by The Visual Cue on the understanding that the client has agreed to our terms and conditions.

Services

The Visual Cue is a Graphic Design service which includes but are not limited to branding and identity, website design and development, social media management, content creation, animation and illustration services.

Payment

Charges for design services to be provided by The Visual Cue will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due in order to both book and commence the project.

The 50% non-refundable deposit must be made in order to secure any booking with The Visual Cue. This amount is non-refundable and acts as a protection deposit as we have taken on your project over another while also covering us for any work started/onboarding/communications. Under no circumstances is the 50% deposit refundable. The final 50% of payment must be made within 1 week prior to the handover date. All files are only handed over once the final payment has been settled.

Payment Plans

All customers are offered a 50/50 split payment, otherwise to be paid in full. If you require a different payment plan, please contact The Visual Cue prior to confirming your booking. It is up to The Visual Cue to grant any customised payment plan to individual customers, please note not all requested payment plans will be accepted.

Late Payments

All invoices are given a payment period of 14 days unless discussed further and set in writing. Clients are provided with invoice reminders to ensure all parties have received the said invoice. In the event of a late payment, all clients are granted a grace period of 7 days however after this will incur a late payment fee of 15% to the invoice per fortnight until settled.

Benching Your Project (If you ghost us)

If your project is delayed due to no communication on client end, this creates a delay on all booked projects. If you wish to pause your project, please reach out to arrange this. Failure to do so, will result in your project being 'benched' and you will need to pay a fee of 15% of your project total to 'unbench' to bring it back into the studio workflow. After 3 attempts at us contacting you, your project will become benched.

Cancellation of Projects

Cancellation of projects may be made initially by telephone contact, or e-mail, however, following this, The Visual Cue will need formal notification in writing to the company’s email address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The Visual Cue within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

In the event of the client showing harassment, behaving disrespectfully or deliberately being unreasonable to work with, The Visual Cue will terminate the project and the client will be billed for the work completed to date. The Visual Cue has a strong anti-harassment & bullying policy, and this behaviour will not be tolerated.

Any extended inappropriate behaviour and unpaid final invoices will be reported and taken further.

Printing

The Visual Cue does not provide any printing services to clients, it is up to the client to engage in any printing of materials/artwork on their own accord. The Visual Cue is also not liable for any printing mistakes and/or changes and cannot be held responsible for payment to fix these. It is up to the client to ensure that the design proof is checked over before printing, for any mistakes and/or changes. The Visual Cue always recommends to all clients who engage in printing any materials to request a ‘test print’ from the printer in which the client engages with, to avoid costly printing mistakes.

Emergency service (quick turnaround)

The Visual Cue offers an emergency service or a quick turn around when requested and if available. This emergency service fee is 25% of the total project amount. Current client work which has already been previously booked in is moved to accommodate these requests, therefore the fee allows The Visual Cue to be compensated for this additional rescheduling/booking/onboarding/client contact time.

 Please note not all requests will be accepted.

Retainers 

The Visual Cue offers retainer-based work which allows a business to purchase a certain amount of hours per month. The first month is flexible, allowing both client and service provider to ensure working in this style is a suitable fit and hours can be set after first month. Once hours are set, these are locked in for the remainder of the Retainer contract.

Hours do not roll over to the next month, these hours are held for the business each month, The Visual Cue is prioritising your time over accepting another job, so whether hours are used or not, the retainer fee will still occur each month.

Additional work is always welcome if The Visual Cue can fit it in (please check with TVC first) and will be billed hourly + incur a $15 overtime fee for each additional hour.

 If you need to break your contract for any reasonable matter, please contract The Visual Cue ASAP. The Visual Cue must have 1 months notice and the business will be billed until the end of the month before. The business will also incur a break-retainer fee of 50% of your monthly fee to cover loss of work for the next month.

 If you wish to reduce your amount of hours per month within the contract, again The Visual Cue must be contacted with 1 month’s notice and a 50% fee of the minimised hours must be covered by the business.

Communication

All communication is to be made via email to ensure all feedback, questions, etc are in writing. If you wish to speak with The Visual Cue via phone or zoom channels, please advise via email first to allow scheduling.

All branding and website packages offer a complimentary 1 x 50 minute Brand Discovery Call via phone or Zoom. Apart from this, all contact is made via email as we find this best practice for both designer and client having all contact in writing to refer back to when necessary. If you would like to have additional calls (via zoom or phone), these can be purchased for $100/per hour, with a minimum of 1 hour per purchase. Please always book these in with us first, allowing us to schedule accordingly.

Copyright

Copyright is retained by The Visual Cue on all design work including words, pictures, ideas, concepts, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of The Visual Cue, unless specifically agreed in writing.

Design Revisions (Changes)

Each of our packages come with 3 rounds of revisions. This is usually more than enough, however additional revisions can be purchased for $65/per revision.

Revision: A revision is classed as ANY one change made to the file. These include but are not limited to; font change, colour alteration and any one alteration made to the file.

Disclaimer

The Visual Cue makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Visual Cue will not be held responsible for any and all damages resulting from products and/or services it supplies. The Visual Cue is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The Visual Cue responsible for any such loss or damage. Any claim against The Visual Cue shall be limited to the relevant fee(s) paid by the customer.

The Visual Cue reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Visual Cue will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

Please do not hesitate to contact us regarding any questions you may have.