You the customer, are hiring Marlene Khoury Design (ABN 69 982 899 349) to create graphic design work such as a logo, brand identity, marketing materials, signage, packaging, merchandise, and/or event stationery design for the price displayed on our website (www.marlenekhourydesign.com.au) or in a proposed quote. By accepting quotes, your contact details will be stored in Marlene Khoury Design’s admin system.
(applies across all services below)
Revisions: Two rounds of revisions are included in the quoted price, based on the brief originally supplied. A round means one consolidated set of feedback. Further rounds, or any Author’s Corrections, are billed at $80.00 per hour.
Confidentiality: Any business information shared during a project, including financial, strategic or unreleased branding material, is treated as confidential and will not be shared outside the work required to complete the project.
Inactive Projects: If a client does not respond to feedback requests or supply required materials for 60 days, the project will be paused and files archived. Resuming after this point may require a re-engagement fee to cover reopening and re-briefing time.
Contractors and Installation: Where a project involves a third-party printer, signwriter or contractor, Marlene Khoury Design manages the design and liaison but is not responsible for the contractor’s workmanship, site measurements, or installation. Final sign-off on artwork before it goes to print or installation is the client’s responsibility.
GST and Governing Law: Marlene Khoury Design is not registered for GST, so no GST is charged on quotes or invoices. This agreement is governed by the laws of Victoria, Australia.
Ownership and Copyright: In accordance with the Australian Copyright Act (1968), licensing of copyright is subject to mutual agreement between client and designer. Copyright remains the property of Marlene Khoury Design until such agreement is in place. Marlene Khoury Design retains full ownership of design concepts and materials it produces. Only finished art files suitable for reproduction are supplied to the client. Raw, working and source files remain the property of Marlene Khoury Design unless otherwise negotiated. Once a concept is approved, finished artwork delivered, and full payment received, ownership of the finished artwork transfers to the client. Unused concepts, including proposals and concepts submitted but not approved, remain the property of Marlene Khoury Design. Fonts carry individual licensing terms and cannot be supplied to the client where this would breach the font’s licence.
The client gives Marlene Khoury Design permission to use the client’s name, business address and/or website address for testimonial purposes on her website and other business-related media including social media. Marlene Khoury Design reserves the right to use all artwork produced, including concepts not selected, for the purpose of promoting Marlene Khoury Design in print or digital portfolios, social media and blogs, except where the client has specifically requested in writing otherwise. It is the client’s responsibility to register copyright or seek trademark protection for their final design if they choose to do so.
Termination: The client has the right to terminate this agreement if Marlene Khoury Design fails to complete the design by a deadline agreed in writing or verbally. Once research or design work has commenced on a project, the deposit is non-refundable, including in the case of a change of mind by the client. In the event of a change of mind after a project has commenced, the initial deposit is forfeited, plus a pro-rata payment based on time spent. If the client pulls out of the agreement at any point after concepts have been completed and presented, Marlene Khoury Design has the right to charge for time spent on the project up to that point and/or any printing costs incurred.
Force Majeure: Marlene Khoury Design is not liable for any failure or delay in supply or delivery of products or services where such failure or delay is wholly or partly due to any cause outside Marlene Khoury Design’s reasonable control, including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotion, accidents of any kind or acts of terrorism.
Delays: Illness, injury, or other events beyond Marlene Khoury Design’s control, such as fire, theft or computer failure, may result in a delay of unpredictable length.
Print and Production Terms: (applies to any printed deliverable — Print Design, Event Stationery, Packaging and Signage)
While Marlene Khoury Design takes all care to avoid errors, Marlene Khoury Design accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The client is to proofread and approve all final copy before production of artwork, and to provide email verification of approval before release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by the client’s proofreading.
Marlene Khoury Design is not responsible or held liable for any errors in the final product after it has been approved by the client, committed to print, or posted in view of the public. It is the client’s sole responsibility to notify Marlene Khoury Design of any errors during the revision cycle and before final files are generated. In the event a reprint is needed due to a content error, the client must inform Marlene Khoury Design within 3 days of product acceptance and return the product, at their own cost, within 10 days for assessment. Payment for any reprinted project must be prepaid in full. Some colour variation between screen and final printed product is normal, due to the nature of CMYK and bulk-run printing, and is not grounds for a reprint at Marlene Khoury Design’s cost.
Delivery times depend on item type and substrate. Please allow for shipping timeframes when planning your delivery date. Rush orders may be possible under certain circumstances; fees apply. Where Marlene Khoury Design produces and ships physical items directly (this applies to some stationery and print orders, though not all), tracking is provided with the package, and Marlene Khoury Design is not responsible for loss or damage once the order has been dispatched, though all care is taken with packaging and delivery method.
Disclaimer: Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. Marlene Khoury Design takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however cannot be held responsible for variations between expectation and outcome.
Concepts: Marlene Khoury Design will determine the timeframe for initial design concept drafts depending on schedule at the time. Logo designs will be submitted for review via email unless otherwise negotiated. Two rounds of revisions are included as set out in the General Terms above. Further changes, or any changes outside the original brief, are billed as Author’s Corrections.
Author’s Corrections: Author’s Corrections are changes made outside of the originally supplied content or brief. For example, your brief states the business is called Melbourne House Cleaning and the concept is based around that wording; you then change the name to Top End Cleaning. These changes are charged as Author’s Corrections at $80.00 per hour.
File Delivery: After the final logo design is approved, files will be sent as digital files (.jpg, .pdf, .eps, .png — formats suitable for both print and web). A style guide will only be provided if included in your branding package. If requested and not included, it will be quoted separately.
Resending Completed Files: If a client loses or accidentally deletes the files delivered at the completion of the project, Marlene Khoury Design can resend files for a fee of $80 per request.
Payment: The client agrees to pay a non-refundable 50% deposit of the quoted amount to commence the project, with the balance payable prior to delivery of the final logo set. The final logo design belongs to Marlene Khoury Design until paid in full. In the event of termination, Marlene Khoury Design owns the logo and any concepts created before the final design, and has the right to complete, exhibit and/or sell the logo design (not including business name). Once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion.
Performance Liability: Marlene Khoury Design does not warrant that the final logo will be uninterrupted or error-free in use. The entire risk as to quality and performance of the logo sits with the client. Marlene Khoury Design is not liable for any damages, including lost profits or other incidental or consequential damages, arising from the reproduction or appearance of the logo.
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Marlene Khoury Design will determine the timeframe for initial design concept drafts depending on schedule at the time. Designs will be submitted for review via email unless otherwise negotiated. Two rounds of revisions are included as set out in the General Terms above.
Author’s Corrections: Author’s Corrections are changes made outside of the originally supplied content or brief. For example, after the included revision rounds you decide to change the heading or add an additional service not in the original brief — this is charged as Author’s Corrections at $80.00 per hour.
How to avoid Author’s Corrections: Make sure all supplied content is approved before sending it through, and provide thorough feedback within your included revision rounds. This saves time for everyone moving forward.
Payment: The client agrees to pay a 50% deposit of the quoted amount to commence the project, with the balance payable prior to printing or delivery of files. The final design belongs to Marlene Khoury Design until paid in full. In the event of termination, Marlene Khoury Design owns the design and has the right to reuse it for another project. Once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion. All printing accounts must be settled in full prior to release of files to the printer.
Stock Photography: Marlene Khoury Design reserves the right to use stock images in the creation of designs if required. Costs will be outlined to the client prior to purchase, if not already included in the proposal quote. Any photos acquired by Marlene Khoury Design for inclusion in the client’s work remain the property of Marlene Khoury Design and may be used in multiple, separate projects. Should the client require full ownership of provided photography, this must be disclosed in writing and charged accordingly.
Working Files, Templates & Print Files: Marlene Khoury Design strongly believes in the importance of brand control and shies away from supplying working files, as there is a high chance of future styling inconsistencies. If the client requests working files, they will be charged at 30% of total production cost, or as quoted at Marlene Khoury Design’s discretion depending on the value of the product to the client. Marlene Khoury Design retains full ownership of the original design concept and materials produced, and may still use paid-for concepts in promotional materials and design portfolio. Upon payment, packaged working files will be handed over, and Marlene Khoury Design will not be responsible or held liable for any textual or colouring errors arising post print production, or for any in-house printing issues arising from supplied templates.
Resending Completed Files: If a client loses or accidentally deletes the files delivered at the completion of the project, Marlene Khoury Design can resend files for a fee of $80 per request.
See General Terms above for Print and Production Terms, Termination, Force Majeure and Delays.
Covers window signage, lobby signage, wall installations and other environmental brand applications.
Concepts: Timeframes and revision rounds follow the General Terms above. Final artwork must be approved in writing by the client before being sent for production or installation.
Site Visits: Where a site visit is required to take measurements or check positioning, this must be factored into the quote at the time of quoting. If a site visit becomes necessary after the quote has been provided and was not included, it will be charged separately at Marlene Khoury Design’s standard rate, plus any travel cost involved.
Payment: A 50% deposit is required to commence design work, with the balance payable prior to handover of final production files. Installation and production costs through a third-party signwriter or printer are quoted and invoiced separately unless otherwise agreed.
See General Terms above for Contractors and Installation, Print and Production Terms, Ownership and Copyright, Termination, Force Majeure and Delays.
Covers packaging design, merchandise design and artwork preparation for print or production.
Concepts: Timeframes and revision rounds follow the General Terms above.
Payment: A 50% deposit is required to commence design work, with the balance payable prior to delivery of final production files. The client is responsible for confirming packaging or merchandise dimensions, materials and production specifications with their chosen manufacturer before final artwork is supplied. Marlene Khoury Design is not responsible for production errors arising from incorrect specifications supplied by the client or their manufacturer.
Regulated Content: Where packaging includes content subject to regulation, such as ingredient lists, nutritional information or other compliance-related text, the accuracy of this content is the client’s responsibility. Marlene Khoury Design will place supplied content as instructed but does not verify it for compliance.
See General Terms above for Ownership and Copyright, Print and Production Terms, Termination, Force Majeure and Delays.
For clients engaged on an ongoing or retainer basis, the following applies in addition to the relevant service section above. Scope of creative licence, rate or fee, and invoicing frequency are agreed in writing at the start of the engagement.
The General Termination clause above applies to standalone project work. For ongoing arrangements, a minimum term of 3 months applies from the start of the engagement. After this minimum term, either party may end the arrangement with 30 days’ written notice. Work delivered up to the end of the notice period is invoiced as usual.
Event stationery includes but is not limited to invitation suites, seating charts, place cards, menus and welcome signs for personal purposes.
Concepts: Marlene Khoury Design will determine the timeframe for initial design concept drafts depending on schedule at the time. Designs will be submitted for review via email unless otherwise negotiated. Two rounds of revisions are included as set out in the General Terms above.
Payment: The client agrees to pay the design service fee quoted in full to commence design work. Full payment for print work is payable prior to printing. The final design belongs to Marlene Khoury Design and Marlene Khoury Design reserves the right to display the design for business promotional use including social media. All printing accounts must be settled in full prior to release of files to the printer.
Copyright and Imagery: Marlene Khoury Design reserves the right to use images of the stationery produced for marketing purposes, including social media and all advertising. Home addresses and phone numbers are blurred or removed from any image shared publicly. Marlene Khoury Design holds and retains complete ownership and intellectual property rights of stationery, designs or materials produced, whether complete or incomplete, until the terms above regarding ownership transfer are met.
See General Terms above for Print and Production Terms, Termination, Force Majeure and Delays.
All invoices are payable within 14 calendar days of the date of issue unless otherwise agreed. The client is responsible for all debt collection fees, legal fees and court fees incurred as a result of the client’s failure to pay invoices within 14 calendar days of the date of issue.
Accepting Quotes: By accepting the supplied estimate from Marlene Khoury Design, you accept the above contract. Before confirming agreement to these terms, please make sure you understand the above. Should you have any questions or concerns, please contact us before advising acceptance.
