Terms of service

 

Terms of Service

Last updated: [insert date]

These Terms of Service ("Terms") govern all design, development, and print/promotional production services (the "Services") provided by Sustanique ("we", "us", "our", the "Studio") to any client who engages us ("you", "Client"). By submitting an order, paying a deposit, or otherwise instructing us to begin work, you agree to be bound by these Terms.

If anything here is unclear, or your project involves an arrangement not covered below, please contact us before placing your order so we can confirm the terms in writing.

1. Definitions

  • "Deliverables" means the final files, designs, code, or physical products produced under a confirmed quotation.
  • "Order" means a confirmed quotation, invoice, or job ticket accepted by both parties.
  • "Working Day" means a business day in Australia, excluding weekends and public holidays.

 

2. Our Process

  1. Consultation & Quotation — We discuss your project by message and confirm a written quotation before any work begins.
  2. Order & Project Brief — Once you accept the quotation and payment terms below are met, you provide all materials, copy, brand assets, and information required to complete the brief.
  3. Design Review & Revisions — We share drafts for your review. Up to three (3) rounds of revisions are included, as described in Section 5.
  4. Final Delivery — You receive the completed Deliverables. We welcome your feedback, and would appreciate a review if you're happy with the outcome.

We will provide an estimated turnaround time at the quotation stage. Timelines are estimates, not guarantees, and depend on you providing complete materials and timely feedback (see Section 4).

 

3. Quotation & Payment Terms

  1. All quotations are valid for 14 days from the date issued unless stated otherwise.
  2. Prices are quoted in client's currency and are exclusive of GST unless stated otherwise.
  3. Unless agreed otherwise in writing, we require 100% payment before work begins, with the balance due prior to final file handover or dispatch of physical goods.
  4. For print and promotional product runs, production will not be sent to press until full payment (or the agreed deposit) has cleared, as physical stock cannot be recovered once printed.
  5. Invoices are payable within [insert, e.g. 7 days] of the invoice date unless otherwise agreed. We reserve the right to charge interest on overdue amounts at a rate permitted under applicable Australian law, and to pause work on your project until overdue amounts are paid.
  6. Quoted prices do not include costs arising from scope changes, additional revision rounds, rush fees, courier/freight charges, or third-party licensing fees not identified at the time of quotation. We will confirm any such additional costs with you before proceeding.

 

4. Client Responsibilities

To keep your project on schedule, you agree to:

  1. Provide accurate, complete, and final materials (copy, images, brand assets, specifications) at the brief stage.
  2. Respond to requests for feedback, approval, or missing information within a reasonable time. Delays in your response may extend the delivery timeline accordingly and are not treated as delay on our part.
  3. Review all proofs carefully before approving them for print or publication — see Section 7 (Print Production) regarding final-approval liability.
  4. Ensure you hold the necessary rights, licences, or permissions for any logos, images, text, trademarks, or other materials you supply to us for use in your project. You indemnify us against any claim arising from materials you provided.

 

5. Revisions

  1. Revisions are limited to minor changes — text edits, repositioning, colour adjustments, sizing, and similar refinements to an agreed design direction.
  2. Requests involving a change of concept, creative direction, or overall design style are treated as a new design project and will incur additional charges, to be quoted before work begins.
  3. Revisions beyond the number included in your package are billed separately at our standard rate (available on request). To keep your project moving efficiently, please review your design carefully and consolidate all revision requests into a single round of feedback wherever possible.
  4. Revision rounds not used after delivery of the relevant draft may be considered forfeited, unless otherwise agreed.

 

6. Intellectual Property, Copyright & Licensing

  1. On full payment, ownership and usage rights in the final Deliverables transfer to you, the Client, for the purpose(s) agreed at the time of the Order.
  2. Until full payment is received, all copyright and intellectual property in draft and final Deliverables remains with the Studio.
  3. We may feature completed work in our portfolio, website, and social media unless you notify us in writing, before the project begins, that you require confidentiality.
  4. We only use properly licensed premium fonts and commercial-use images/stock assets in our work.
  5. Font and stock asset licences are not transferable. Even where source files are provided to you, any fonts or stock images used remain subject to their original licence terms, and you may need to purchase your own licence to continue using or editing them independently.
  6. We retain the right to use general techniques, know-how, and non-confidential learnings developed during your project in future work for other clients.
  7. Where a Deliverable incorporates material you supplied (Section 4.4), you retain responsibility for the rights to that material; we accept no liability for third-party IP claims arising from Client-supplied content.

 

7. Print & Physical Production

Because physical production involves materials, machinery, and finishing processes outside pure digital work, the following apply to any print, signage, or promotional product order:

  1. Proof approval is final. Once you approve a print-ready proof, you are responsible for any errors (spelling, layout, colour, sizing) that were present in the approved proof. Reprints due to Client-approved errors are billed separately.
  2. Colour and material variance. Minor variation in colour, finish, or material between a digital proof/screen and the final printed product is normal and expected, due to differences between screen (RGB) and print (CMYK) reproduction, stock, and printing method. This is not treated as a production defect.
  3. Quantity tolerance. Industry-standard over- or under-runs of up to 5% on bulk print or merchandise orders may occur and are not grounds for a partial refund, unless the shortfall is unreasonable.
  4. Third-party production partners. Some print and promotional product work may be produced by trusted external print partners or suppliers on our behalf. We manage sourcing, quality control, and delivery, and remain your single point of contact throughout.

 

8. Cancellation & Refund Policy

General Policy

  1. Before work begins — Orders may be cancelled and fully refunded before work has commenced.
  2. After work has begun:
    • Divisible services (e.g. multi-deliverable packages) — cancellation and refund are available only for the portion of work not yet completed.
    • Custom design services — once work has commenced on a custom design project, cancellation or refund is not available for work already undertaken. Any deposit paid covers work in progress and is non-refundable from that point.
  3. After final approval — once a project has been approved and completed, any cancellation or refund request will be handled by direct agreement between you and the Studio.

Additional Information

  1. Where we offer cancellation terms more favourable than this policy for a specific project, those terms apply instead.
  2. Where a project requires advance preparation (e.g. consultations, bookings, travel, or research), any specific cancellation terms communicated for that engagement will apply.
  3. If the Services delivered differ significantly from their advertised description or the agreed scope of work, you may request a cancellation, refund, or re-performance of the Services within 3 months of receiving the Service, or within 30 days of becoming aware of the issue — whichever is sooner. Nothing in this policy excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

9. Limitation of Liability

  1. To the maximum extent permitted by law, our total liability arising out of or in connection with the Services (whether in contract, tort, or otherwise) is limited to the total fees paid by you for the specific Order giving rise to the claim.
  2. We are not liable for indirect, consequential, or special loss, including loss of profits, business, or data, except where such liability cannot be excluded under the Australian Consumer Law.
  3. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

10. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or personal information disclosed by the other party in connection with an Order, and to use it only for the purpose of completing that Order, except where disclosure is required by law or already permitted under Section 6.3 (portfolio use).

11. Force Majeure

Neither party is liable for delay or failure to perform obligations under these Terms where such delay or failure results from circumstances beyond their reasonable control, including but not limited to natural disasters, supply chain disruption, illness, or government action.

12. Privacy

We collect and use personal information you provide (such as contact details and project materials) solely to deliver the Services and communicate with you about your project. We do not sell your personal information to irrelevant third parties. 

13. Dispute Resolution

If a dispute arises under these Terms, both parties agree to first attempt to resolve the matter through direct, good-faith discussion before pursuing formal legal action or external dispute resolution.

14. Changes to These Terms

We may update these Terms from time to time. The version in effect at the time you place an Order will apply to that Order. Material changes will be reflected by an updated "Last updated" date above.

15. Contact

Questions about these Terms can be directed to hello@sustanique.com.