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Terms of Business Agreement

© 2025 Shaun Martin - Sleek Design

Updated: 1st of February 2025.

When requesting work from Shaun Martin of Sleek Design, you are agreeing to the business terms outlined on this page. These terms are accessible on this website and via my email footers. Please review these terms at the beginning of each new project.

The words "I" and "me" refer to Shaun Martin of Sleek Design. The words "you" and "your" refer to any individuals or entities engaging my services. "Artwork" refers to any work performed by me.

Pricing

Prices (whether hourly rates or quotations) agreed upon via email correspondence constitute a binding written pricing agreement between you and me. If no quotation or pricing agreement has been specified, you agree to be charged at my standard hourly rate of $80AUD per hour + GST.

Upfront invoice for all new clients

I send a partial upfront invoice to all new clients, for the first project only. This invoice needs to be paid for work to commence on the proposed starting date.

Payments

For regular clients, I invoice at the end of each month. These invoices are to be paid within 14 days. Invoices for work undertaken may be sent even if a project is not yet fully completed.

Copyright of final artworks

Ownership of copyright for finalised artworks is transferred to you upon full receipt of payment for all related invoices. Otherwise, copyright is retained by me.

Copyright of unused artworks

If draft designs or concepts I have originated are not chosen by you as final artwork, they remain my intellectual property, and I retain the copyright. As such, they should not be used by you or shared with any outside parties. I retain the right to use adapted versions of these unused designs and concepts for other clients. Transfer of copyright to you applies only to finalised and paid-for artworks.

Claiming authorship

I may publicly claim authorship of my work and display the designs in a public portfolio. If certain projects should not be displayed for a specific period following their completion, please inform me beforehand.

Originality

I agree to produce unique and original designs for you. I will not reuse or repurpose your finalised artworks for other clients. Should a specific project benefit from the use of a purchased layout template, I will seek your permission before using it.

Use of stock images

I may use stock materials as elements within a design. I will purchase stock licences on your behalf and reference their providers and serial numbers on the related invoice. I will inform you if the purchase of stock materials may exceed 20% of the estimated project cost. You are responsible for determining and adhering to stock licensing conditions as specified by the relevant providers, which can be found on their respective websites. I take no responsibility for any breach of stock licensing requirements.

Proofing

While every effort is made to avoid errors in artwork, I take no responsibility for any errors in artwork that has gone to production. You are responsible for ensuring that all artwork has been proofread and checked for errors before production. You are also responsible for receiving a proof from your chosen printer/manufacturer and proofreading/checking it before authorising production. You agree that it is the printer/manufacturer's responsibility to conduct technical prepress/preproduction checks to identify and address any technical issues with the artwork before production. If I am asked to send artwork directly to a printer/manufacturer, I will not take responsibility for any errors, and I will consider the artwork approved for production by you. You agree not to pursue any compensation from me for errors of any kind.

Backups and source files

I back up all digital artwork produced for a period of 5 years and will provide source files for finalised artworks upon request, provided you have no outstanding invoices overdue by more than 4 weeks. However, I make no guarantees regarding my ability to back up or provide files, so it is your responsibility to request source files for any finalised artwork you wish to keep. Should you request all finalised artwork source files, you will be charged my standard hourly rate for the time spent preparing the transfer.

Repurposing artwork

You may provide finalised artwork to a third-party designer for reuse or repurposing, provided it is used only for the same specific brand, service, or product for which the artwork was originally created. If you wish to repurpose artwork for a different brand or entity, such work can only be carried out by me. This is because you are paying for finalised artwork only; I charge a higher rate for designs intended to be used as reusable templates. If you require artwork to be used as a reusable template, you must inform me before the project begins.

Revisions

I may inform you if I determine that requests for revisions have become excessive. Should this occur, you agree to complete the project with a final set of revisions. Alternatively, I can supply you with the working files and invoice you for the hours spent. You agree to pay such an invoice.

No selling of artwork

You agree not to sell or license any artwork to third parties unless expressly specified in a signed written contract between you and me.

If you have any questions not covered in this agreement, please contact me.

Please be assured that in all my years as a graphic designer, I have never had any issues with clients. I am very easy to work with. You can find numerous client testimonials via the links in the footer below for your assurance.

Kind regards,

Shaun Martin of Sleek Design.

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