Terms and Conditions of Service * Yes, I agree to the terms of service No, I do not agree to the terms of service This Graphic Design Agreement (the “Agreement”) is entered into by and between the client completing this form, whose name and business name are shown at the top of the form (the “Client”) and Rebecca Turpie from Everley Design Boutique, (the “Designer”), collectively “the Parties.” The Project: The Client hereby engages the Designer to complete graphic design work, and the Designer accepts the engagement and commits to providing the list of Deliverables detailed in the Deliverables Schedule. Deliverables Schedule: The Parties agree that the Designer will deliver the following services: • Single or multiple logo concepts with multiple variations (as per logo package purchased) • Unlimited revisions to chosen concept • Full suite of logo files, including vector file The Designer agrees she will remain the sole provider of all services for the term of this Agreement. All work will remain unique, original, and free of any plagiarism. Fee Schedule: The Parties agree to the following payment amounts and due dates: The client shall purchase their chosen logo package on the website and pay in full on or before the logo design booking day. Client Approval and Revisions: The Client is entitled to an unlimited but reasonable number of revisions. The Designer is committed to the Client being 100% happy with the end result, so she does not believe in set revision numbers. The Client must approve all Deliverables before project finalisation. If all work has been completed, but final approval has not been granted within seven (7) days of the final proofs being supplied, the Deliverables will be considered satisfactory and approved, and the final invoice will be issued for payment. If Deliverables are to be directly dispatched to a third party for printing by the Designer, the Customer must approve these Deliverables in writing before they are dispatched to the printer. Any printing errors on artwork that has been approved by the client cannot be reprinted without re-payment of the print order. If the Designer sends the Deliverables to a third party for printing without written approval from the Client, and an error is found in the printed product, re-printing of the Deliverable will occur at the Designer’s expense. Confidentiality: During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer in order for the Designer to complete the design work and Deliverables in their final form. The Designer will not share any of this proprietary information at any time. The Designer also will not use any of this proprietary information for her personal or professional benefit at any time. This section of the contract remains in full force and effect, even after termination of the Agreement by its natural termination or the early termination by either party. Intellectual Property Ownership: All Deliverables created for this Agreement shall become and permanently remain the property of the Client. The Client continues to own any and all proprietary information it shares with the Designer during the term of this Agreement for the purposes of the Agreement. The Designer has no rights to this proprietary information and may not use it except to complete the graphic design services set out in this Agreement. The design files will remain the property of the Designer and will not be supplied with the Deliverables. Representations and Warranties: The Designer represents and warrants that she has the knowledge, skills, and experience necessary to produce the Deliverables. The Designer agrees that the Deliverables will be original works created expressly for this Agreement. The Designer also guarantees that the final Deliverables will be free from any plagiarism and will only use fonts, graphics, images and other design elements that have correctly acquired commercial use licenses. The Client must recognise that graphic design generally has a common structure and basis, and that some similarities between the Deliverables and other existing works may be noticed. Disclaimer of Warranties: The Designer warrants to complete the Deliverables listed in this Agreement as per the Client’s requirements and specifications. However, the Designer does not represent or warrant that such Deliverables provided in this Agreement will create additional sales, exposure, brand recognition, profits or other benefits. In addition to the above, the Designer holds no responsibility towards the Client in the event that the delivered work does not lead to the Client’s desired results. Client’s Legal Requirements: The Client represents and warrants that they have the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Designer to be included in the Deliverables. It is the Client’s sole and exclusive responsibility to ensure that all legal requirements for the Client’s business are met. Such legal requirements include, but are not limited to, ensuring claims on advertising and graphics are true, accurate, and can be legally substantiated, as well as ensuring all products are lawful. The Designer shall not be responsible for verifying any legal, technical, or regulatory specifications. Governing Law and Jurisdiction: The Parties agree that this Agreement shall be governed by the federal laws of Australia. In the event that the Parties do business in different States, this Agreement shall be governed by ACT law. Publicity: All media releases, public announcements and public disclosures by the Designer relating to this agreement or its subject matter, including promotional or marketing material, shall be co-ordinated with and approved by the Client prior to release. Portfolio Use: The Designer shall be permitted to use all Deliverables in the Designer’s professional portfolio, after such Deliverables have been released to the public by the Client. Force Majeure: The Designer is not liable for any failure to perform on time due to causes beyond her reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Termination: This agreement shall commence on the Effective Date and shall (subject to earlier termination pursuant to this clause) terminate automatically on acceptance of the Deliverables by the Client and payment of all outstanding sums. Either party may terminate this agreement immediately at any time by written notice to the other party if: 1. that other party commits any material breach of its obligations under this agreement which (if remediable) is not remedied within 14 days after the service of written notice specifying the breach and requiring it to be remedied; or 2. that other party becomes insolvent or there is a change of control at the other party, or the other party ceases to trade; or 3. that other party has been subject to a Force Majeure Event (As defined above) for a continuous period of more than 90 days. On expiry or termination of this agreement: 1. any licenses granted to the Designer under this agreement shall terminate immediately; 2. the Designer shall promptly return all Client content and all copies of the Deliverables, as is, to the Client; and 3. all provisions of this agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue, shall continue in full force and effect. Entire Agreement: The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties. Legal and Binding Agreement: This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement.