Terms & Conditions
Conduct
The following rules of conduct apply to use of the One Kind Design website and / or services. When using the website and / or services, you may not:
Infringe or violate any intellectual property right, copyright or trademark of One Kind Design;
Use One Kind Design content to engage in commercial activity without prior written authorisation;
Use One Kind Design content to promote any product or service of any competitors to One Kind Design
Terms of service
These terms of service apply to all transactions between One Kind Design and the client (you). If the client is a company, One Kind Design requires a guarantor of company obligations.
If the client pays the deposit to One Kind Design for quoted services to confirm and secure an order, the client will have accepted these terms of service and affirm that (i) the client is either 18 years of age or older, an emancipated minor, or possess legal consent to enter into this agreement, (ii) the client is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of service, and (iii) the client understands and will comply with all terms of service.
Website Modifications
One Kind Design reserves the right to temporarily or permanently modify or discontinue website content (or any part thereof) without notice at any time. One Kind Design shall not be held liable to you or to any third party for any modification, suspension or discontinuance of any part of website content (including but not limited to discontinuance of products or services and modification of prices).
Quotation & Confirmation
Based on initial client enquiry and submission of brief form and any other details encompassing their brief, One Kind Design will provide a quotation valid for a period of 7 days from date of issue. Upon written approval of quotation, an invoice will be sent requesting a non-refundable deposit of 50% of the quoted amount to be paid within 7 days. Orders are not secured in our schedule and work will not commence until One Kind Design has received said deposit. Should a quotation expire before a deposit is placed, One Kind Design reserves the right to modify services without notice, including but not limited to cost of service.
Quotations provided by One Kind Design allow for 1 round of minor revisions and corrections (minor work refers to changes that do not significantly impact the layout and will be considered at the discretion of One Kind Design). Revisions must be advised in writing by the client within 14 days of their receipt of proof. Any additional revisions, corrections or major changes beyond contractual agreement will be charged at an hourly rate of $80.00 AUD.
In cases where rush orders are accepted, they incur an additional fee of 35% of the total cost.
Proofing, approval & payment
Final approval is at all times the responsibility of the client. One Kind Design does not warrant that work will be free of errors, including but not limited to grammatical errors, typographical errors, or omissions and shall not be held liable. The client has up to 14 days upon receipt of proof to either submit clear feedback requesting changes to artwork or approve in writing and make full payment of outstanding balances to One Kind Design. For corporate clients with ongoing requirements, One Kind Design offers retainer payment, so enquire here to make the arrangement.
Timelines, Shipping & Delivery
It is important to note that design revisions and delay in responses, feedback, approval and payment by the client may set back an order timeline, therefore it is the responsibility of the client to order in advance and avoid stress of any potential extended lead time. Orders are also subject to stock availability. In the event of supply difficulties, One Kind Design will inform the client and discuss alternative materials or design.
DIGITAL ARTWORK: Upon receipt of both written final approval and remaining outstanding balance payment to One Kind Design, the client shall be entitled to release of final digital files.
PHYSICAL ARTWORK: Upon receipt of both written final approval and remaining outstanding balance payment to One Kind Design, the print production stage will begin. It is advised that the client allows for as much time as possible for any physical artwork to be printed, assembled and delivered.
It is the responsibility of the client to provide the correct shipping address. One Kind Design takes every care in packaging client goods safely, however, One Kind Design has no control over client goods once sent to the provided address. One Kind Design does not warrant postal issues will not occur including but not limited to delays, damages or losses during transit and shall not be held liable. In the unlikely / rare occasion and although it has never occurred, if goods have been damaged or lost in transit, One Kind Design is not responsible for refunding, re-printing or re-shipping lost orders to the client. If re-print and delivery should be required by the client for any reason, the client will be liable for all and any further costs involved.
Termination & refunds
Contractual agreement will terminate and the duty of One Kind Design to carry out and deliver work to client brief will cease if:
Any payments due and payable remain unpaid;
The client fails to provide approval within 14 days of digital proof receipt;
The client withdraws their brief;
The client advises One Kind Design in writing that they no longer wish to continue with the brief
If the contract is terminated for any of the above reasons, the client will immediately forfeit the deposit paid. Where work has progressed to near completion, One Kind Design may also charge a pro-rata fee on the balance outstanding. If for any reason One Kind Design terminates the agreement due to inability to complete or deliver the work, One Kind Design will provide notice in writing and will refund the deposit paid by the client within 14 days of notice given. Otherwise, due to the service based nature of the work, One Kind Design is unable to issue refunds or exchanges.
Intellectual Property & copyright
One Kind Design retains the ownership of all copyright in:
Proof concepts;
Working notes and any other internal written materials;
Preliminary drafts, drawings illustrations, photographs and designs;
Designs which are rejected by the client;
Finished custom artwork (copyright or any other intellectual property right in the materials will be granted for corporate work once all outstanding payments have been made);
Source files
One Kind Design reserves all rights to use, reproduce, distribute, broadcast or display any part of its material or design for marketing purposes including but not limited to, print and digital media, online service directories, social media accounts, throughout the website and in exhibits, and it is agreed third parties will not engage in the use, copy, or distribution of any of the content in whole or in part, or modification of any One Kind Design intellectual property for commercial purposes. Should any third party publish images of work created by One Kind Design in any form, whether print or digital means (including but not limited to social media), One Kind Design must be correctly credited. Any breach of copyright may be prosecuted to the fullest extent permissible, including request for financial penalties (damages) and / or an injunction forcing the immediate halt of One Kind Design intellectual property illegal use.
All content on the One Kind Design website, social media accounts, online service directories, including but not limited to, text, artworks, images / photographs or proofs, are the sole property of One Kind Design, subject to copyright and other intellectual property rights under Australian and foreign laws. Content on the website is provided for your information and personal use only and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed, imitated or otherwise exploited for any purpose whatsoever (whether physical or digital) without the prior written authorisation of One Kind Design.
It is the client’s responsibility to seek and obtain copyright permissions for the use of and / or reference to third party intellectual property (including but not limited to, logos for cross promotions, literature for service books, photography for catalogues or photobooks etc). It is the client’s responsibility to obtain and provide One Kind Design with required materials or content once permission for use has been granted by the owners of the intellectual property. One Kind Design shall not be held liable for any infringements on third party intellectual property rights by the client.
Publication
One Kind Design retains the right to display images of any client projects in, but not limited to its social media accounts, website, marketing materials or exhibits.