T's & C's

These Terms of Service (“Terms”) govern your use of the graphic design services provided by TEN59 Creative (“Designer,” “I", “we,” “us,” or “our”). By engaging my services, you (“Client,” “you,” or “your”) agree to these Terms in full.
 

1. Scope of Services

I provide freelance graphic design services. This may include but is not limited to:

• Brochures

• Social media graphics

• Flyers/Posters

• Signage and banners

• Brand identity (logos, color schemes, etc.)

• Print and digital advertisements

• Merchandise

All services will be outlined in a project proposal or agreement before work begins.
 

2. Client Responsibilities

You agree to:

• Provide complete and accurate project details, requirements, and assets (e.g., photos, logos, property information).

• Respond promptly to communication to avoid delays.

• Review and approve deliverables in a timely manner. Delays in feedback or approvals may result in adjusted timelines.

3. Payment Terms

• Projects are quoted individually and require a signed agreement or approval before work begins.

• A non-refundable deposit (typically 50%) is required before the project starts.

• Remaining balances are due upon completion, prior to delivery of final files.

• Late payments may incur a 3% late fee per month.

All payments are to be made via bank transfer to the allocated banking details outlined in the project agreement.
 

4. Revisions

Each project will include specified rounds of revisions. Additional changes may incur extra charges. Revisions must be requested within 3 days of receiving the initial draft. Requests outside this timeframe may be considered a new project.
 

5. Ownership and Usage Rights

• All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of TEN59 Creative. The final artwork/digital files will become your property ONLY upon final payment of the project. 

• If final payment is NOT received as agreed, all designs and concepts will remain the property of TEN59 Creative until payment is received.

• If there are issues with final payment, I reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in my portfolio. 

• Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, I will take immediate legal counsel.

• TEN59 Creative reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.

• Final payment ensures that ONLY the agreed project deliverables becomes your property. Any previous ideas/concepts remain mine, unless any prior agreement has been made.

• Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright and legal name search, I am unable to provide any practical help with this. 

• If you require a logo/brand to be registered as a trademark, then you must seek your own legal advice.

• You take full responsibility for ensuring that your company/business/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither am I legally responsible for any problems thus arising.

• Please ensure the name you are using is free and legally safe to use before committing to a creative project with TEN59 Creative. Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays. 

• If a change of name is required mid-way during a project, and significant exploration work has already been presented, then I will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.

 

6. Typefaces - Licensing of any used fonts or typefaces

Any fonts/typefaces that are purchased for the final design, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface licence gives only the owner full rights to use the font/typeface as necessary.
 

In my initial presentation of concepts, I will provide information of the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.
 

It is against the law for me to provide any client a ‘copy’ of any font/typeface that I own, and have personally purchased. If you would like to use a copy of a font/typeface that I have purchased, to be used commercially, you must purchase the respective font/typeface licence, and register it in your name. 
 

Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your own artwork for editing purposes, such as on a website or a print presentation, then you will need your own license through a desktop license purchase.
 

7. Cancellation and Refunds

If you choose to cancel the project midway through, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned. If I fall ill, or am unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned. In most cases the complete amount will be refunded. If any works, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.
 

Project Suspension

I reserve the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing more than a reasonable number of unique design ideas/concepts, and/or showing a reluctance in paying the final payment.

Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of TEN59 Creative.
 

Force Majeure

In the event I fail to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.
 

8. Confidentiality

I agree to keep your proprietary information confidential. Likewise, you agree not to disclose any confidential aspects of our workflow, pricing, or design methods.
 

9. Limitations of Liability

I will not be liable for:

• Losses due to the misuse or misinterpretation of design materials.

• Printing or publication errors once designs are approved.

• Delays due to force majeure or external vendor issues (e.g., printers, hosting providers).

My total liability shall not exceed the amount paid for the specific project in question.
 

10. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be resolved in the courts of Queensland, Australia.
 

11. Amendments

We may update these Terms from time to time. Continued use of our services after changes are posted indicates your agreement to the revised Terms.