Terms of

Service

  • General information

    Below is Seed & Sage standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Seed & Sage, you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.Below are Seed & Sage's standard Terms and Conditions. readknow




    The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Seed & Sage,   its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.

  • Genral conditions of contracts

    1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)




    2. These Terms and Conditions are subject to change without notification by the Company.




    3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.notice

  • Original visual brief, variations and garantee

    4. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Visual Brief) will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the Client’s business design requirements.




    5.  If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.




    6. The Company does not offer a set number of revisions to logo Artwork under the original Visual Brief.




    7. The Company will not charge for additional revisions of logo Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided).




    8. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $120 per hour, billed in 15 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.

  • Quatations

    9. The company generates quotations based on estimates needed, the Visual Brief and expected time investment. If additional work is required, quotations may be subject to change if additional work is required.




    10. All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.

  • Payments

    11. The Company reserves the right to request a deposit from the client beforeo starting work on their project or Artwork. Ifthe company requests a depositentersy, an invoice will be generated and delivered to the the Client via email and payment is expected. By remitting deposit funds to the Company, taccepts,orbeforewebsitenot tothe Client receives payment in fullbeforeuncontactable/unresponsivein writing by both partiesepting the Terms and Conditions and entering a contract with the Company.




    12. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.




    13. The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.




    14. The Company reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (19)




    15. The Company reserves the right to invoice for work completed if the project exceeds 60 days.




    16. The Client reserves the right, which the Company may acceptwebsitefor more thanbe accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.




    17. All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.




    18. All payments are to be made within 30 days of invoicing.




    19. The Company is entitled to charge the Client for any fees incurredthe  beforeenters relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.




    20. The Company reserves the right to delete web sites with accounts more than 90 days outstanding payment.Client

  • Cancellation and variation policy

    21. Additional fees may apply if the Client requests changes to the original Visual Brief, alters the agreed project outcome, or requests additional artwork. Please refer to Clause 5 for more details.


    22. If the Client chooses to cancel the Contract, the Company will assess the value of all work and services completed to date. The Client will be invoiced for this amount, minus any deposits already paid.


    a) If the total cost is less than the deposit paid, the Company will refund the difference.


    23. If the Client does not respond within 30 days after receiving concept artwork, the Company will consider the project complete, and that artwork will be treated as the final approved version. The final invoice will then be issued. Failure to pay may result in debt collection proceedings and/or legal action to recover outstanding amounts.

  • Approving Proofs/ Designs/Printing

    24. The Client is responsible for reviewing and approving all artwork proofs to ensure accuracy and suitability. This includes, but is not limited to, checking design elements, spelling, grammar, illustrations, images, and quantities. If the proof is unclear or changes are needed, it is the Client’s responsibility to request a revised version.


    a) The final proof approved by the Client will be used for printing and/or web development. The Company will not be held responsible for any errors once approval is given, and reprints or redevelopment will not be covered at our expense. A printed proof at 100% scale will be provided to help confirm colours, design, bleed, sizing, and typography.


    The Client agrees to indemnify the Company, including its directors and representatives, against any actions, claims, damages, liabilities, or costs (including legal fees) arising from the materials provided, the use of our services, or any related matters.


  • Limitations of liability

    25. The Client acknowledges and agrees that the Company is not liable for any loss or damage arising from the use of its services. This includes, but is not limited to, errors, omissions, or changes in documents, designs, information, goods, or services provided. The Company is also not responsible for any reliance on third-party content, links, comments, or advertisements. Use of any information or materials produced, amended, or designed by the Company is at the Client’s own risk.


    26. It is the Client’s sole responsibility to ensure that any products, services, or information provided by the Company meet their specific needs and requirements.


    27. The Client acknowledges that materials and information provided by the Company may contain errors or inaccuracies. The Company expressly excludes liability for any such errors to the fullest extent permitted by law.

  • Submission of client artword

    28. Clients who supply their own artwork, files, or images are solely responsible for the final print outcome. All artwork must be submitted in a print-ready format with the correct specifications. The Company will print the files as supplied and is not liable for any errors, issues, or defects in the provided artwork. Reprints will not be issued at the Company’s expense.


    29. Clients should be aware that during trimming, the cut may vary by 2–3mm. To avoid important content being affected, a 7mm internal margin from the bleed line is required on all client-supplied artwork.


    30. It is the Client’s responsibility to ensure all submitted artwork, images, files, and text comply with Australian copyright laws. The Company and its contractors assume that all provided content adheres to these laws and that appropriate permissions or licenses have been obtained where necessary.

  • Copyright

    31. All concepts and draft artwork—including but not limited to logos, symbols, compositions, and written content—remain the intellectual property of the Company until full payment is received. Any use of these materials by the Client prior to payment, or without written consent, is strictly prohibited and considered unlawful.


    32. For more information on copyright, visit the Australian Copyright Council: www.copyright.org.au/information


    33. Ownership of final artwork will be transferred to the Client upon full payment of all outstanding invoices. Until then, all designs remain the property of the Company. Future reprint requests for the same artwork will only incur a print management fee. The Company and its designers reserve the right to use the completed work and design elements for portfolio and self-promotional purposes.


    34. The Company is not responsible for trademark registration or legal clearance. It is the Client’s responsibility to verify the availability and legality of any names, logos, or marks used in their artwork under Australian trademark law.

  • Printing

    35. Printing will not begin until full payment for both artwork and print services has been received. Standard turnaround time is approximately 5–10 business days, depending on the product type. This timeframe begins once the Client has approved the final artwork proof and payment has been confirmed.


    36. All timeframes provided are estimates based on standard business days. While we strive to meet quoted timelines, all artwork, printing, and delivery dates are indicative only and not guaranteed.


    37. Please note that colour variations may occur between digital proofs, previous print runs, and the final printed product. This is a natural result of the CMYK printing process and bulk-run production systems. Reprints due to minor colour variation will not be provided at the Company’s expense.

  • Delivery

    38. While the Company takes all reasonable care to package and dispatch printed products securely and on time, it is not liable for any loss, damage, or delays that occur during delivery by postal or courier services.

  • Website design

    39. The Client agrees to allow the Company to include a discreet credit line at the bottom of the Client’s website, acknowledging the Company’s design or development work.


    40. The Client also grants the Company permission to showcase the completed website or design work, along with a link to the Client’s website, on the Company’s own website or promotional materials. Any exceptions must be agreed upon in writing by both parties.

  • Website design post-completion alterations

    41. Once the website build is complete, the Company will provide the Client with an opportunity to review the work. One round of minor revisions will be included at no additional cost, provided the request is made within 14 days of delivery (the “review period”).


    42. Minor revisions refer to small textual edits or slight adjustments to layout and positioning. They do not include changes to images, colour schemes, major design elements, or navigation features.


    43. All revision requests must be submitted via email. If no written feedback is received within the 14-day review period, the Company will assume the Client has accepted the website as delivered.

  • SEO (Search Engin Optimisation & search engine listings

    44. The Company develops websites in line with current SEO best practices at the time of build. While we assist in identifying relevant keywords and key phrases, final selection and approval are the Client’s responsibility.


    45. The Company makes no guarantees regarding search engine performance, including but not limited to: appearance in search engine results, ranking position, which pages (if any) will be indexed, the timeframe for indexing, or the effectiveness of selected keywords/key phrases. The Client agrees to indemnify the Company against any claims related to these outcomes.


    46. If the Client is dissatisfied with the website’s search engine performance, they may first follow the steps provided in the Company’s “Helping Yourself” worksheet. Afterward, the Client may contact the Company to request an evaluation of the site.


    47. In line with Clause 25, the Company accepts no responsibility for duplicate content on the Client’s website or penalties such as blacklisting by search engines resulting from the written content or images provided by the Client.


  • Technological advancements

    48. The Client is responsible for contacting their hosting and domain name provider directly for any queries relating to domain names, hosting and registration, SSL certificates, email addresses, and email hosting.


    49. The Client must refer to their own technical support provider for assistance with email address setup, emails being delivered to spam/junk folders, email functionality issues, and email signature configuration. These services and their related terms and conditions fall outside the scope of the Company’s responsibilities.


    50. The Company does not provide the following services: domain names, hosting or registration, SSL certificates, email addresses, email hosting, setup of email addresses, troubleshooting of email errors, or creation and management of email signatures.


    51. The Company accepts no responsibility for spam or unsolicited emails received by the Client. Likewise, the Company is not liable if the Client’s email account credentials are compromised and used to send spam or malicious content.


    52. The Company builds and designs websites to the best of its knowledge and ability at the time of completion. The Company will not be held responsible if the Client’s website is hacked, compromised, or taken offline, nor for any resulting loss of income or disruption. The Company does not provide software updates or maintenance, and is not responsible if software becomes outdated or incompatible. The Company is also not liable for any unforeseen technological advancements that may negatively impact the performance or functionality of the Client’s site.


    53. To the extent permitted by law, the Company, its directors, and employees expressly exclude:

    a) All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or equity;

    b) Any liability for loss of income, revenue, business interruption, downtime, profits, data, software, anticipated savings, goodwill, or management time, and any direct, indirect, or consequential loss or damage incurred by the Client or end users in connection with the use of the Company’s services;

    c) Any other loss or damage of any kind, however caused, whether in tort (including negligence), breach of contract, or otherwise—even if foreseeable.


    The Client agrees to indemnify the Company, its directors, and representatives against all actions, claims, damages, liabilities, or costs (including legal costs) arising directly or indirectly from the provision of materials or software, use of the services or website, or any third-party access or misuse.

  • CMS (Content Management Systems)

    54. Websites delivered with a CMS (Content Management System) are provided in the agreed working order. Any modifications made to the CMS configuration or working files by a third party are the sole responsibility of the Client.


    55. All websites are built using the most up-to-date software available at the time of development. All terms and conditions outlined for websites also apply to CMS-based sites.


    56. The Company is not responsible for any content added to the Client’s website. Any changes made to the CMS after delivery may incur additional charges. The Company is not liable for any impact caused by advancements or changes in CMS or server/hosting technologies.


    57. The Company is not liable for any misuse or mismanagement of the CMS or website by the Client or third parties.


    58. The Company does not back up website content and cannot be held responsible for any partial or complete loss of data. It is the Client’s responsibility to ensure their website content is regularly and securely backed up.


  • Force majeure

    59. The Company will not be held liable for any failure or delay in the supply or delivery of artwork or services that is caused, wholly or in part, by circumstances beyond its reasonable control. These may include, but are not limited to: war, strikes, lockouts, industrial disputes, government restrictions, transport delays, fire, power outages, failures by hosting providers, equipment breakdown, theft, vandalism, riots, civil disturbances, accidents, or acts of terrorism.