Terms and Conditions.

WHEN YOU START DESIGN SERVICES WITH KALEA MARINE DESIGNS, YOU AGREE TO THESE TERMS & CONDITIONS. A COPY WILL BE INCLUDED IN YOUR WELCOME KIT.

1. ‘Kalea Marine Designs’ is Marine Raynard trading as Kalea Marine Designs.

2. ‘The Client’ is the party making a booking for design related services from Kalea Marine Designs.

3. ‘Quotation’ or ‘Quotations’ means the design quotation provided to the client in writing by Kalea Marine Designs.

4. ‘Work’ or ‘Works’ means the scope of work and purpose of the client’s identified usage of the work product as described in the quotation.

5. ‘Service’ or ‘services’ means the service/s to be provided to the client by Kalea Marine Designs, as described and otherwise further defined in the quotation.

6. ‘Deliverables’ means the end product/s to be delivered by Kalea Marine Designs to the client, in the form and media specified in the quotation.

The terms and conditions apply to all dealings between The Client and Kalea Marine Designs. By placing an order with Kalea Marine Designs, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

QUOTATIONS

• All quotes are free of charge and valid for 14 days only.

• All prices are excluding GST unless otherwise stated.

• All prices are in Australian Dollars.

• Any additional work outside the terms of the quote will be charged at an hourly rate of $80 per/hour.

• The price for each quote is based on the time investment Kalea Marine Designs estimates is needed to accomplish the services required by the client

• Kalea Marine Designs is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond its control.

PAYMENTS

• A 50% non-refundable booking deposit is required before starting any design project.

• All overseas clients are required to pay 100% upfront regardless of the project price.

• Payments are to be made by bank deposit transfer.

• If payment is made from overseas, there might be a 3% fee.

• All invoice terms are 7 business days from the date of the invoice, unless stated a specific date.

• Accounts which are not paid on time will incur a late administration fee of $20 per day after the invoice due date.

• Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.

• Final artwork files will not be handed over until the invoice has been paid in full.

• All printing invoices must be paid prior to sending the artwork to print.

• All work not completed within a 2-month period will be invoiced regardless.

• Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.

• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)

DELAYS & CANCELLATION

• Delays in the proofing process, will interrupt Kalea Marine Designs’ job scheduling. The Client will notify Kalea Marine Designs of any changes or corrections to proofs supplied to them within 10 business days. If The Client fails to contact Kalea Marine Designs within 10 business days of receiving the proof/s to advise Kalea Marine Designs of any changes, corrections or final approval, Kalea Marine Designs will consider the project finalised. An invoice will be issued to The Client for payment of work completed.

• The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Company, any deposit paid prior to cancellation will be non-refundable.

• Kalea Marine Designs may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Kalea Marine Designs cancels this Agreement, Kalea Marine Designs will provide any artwork completed and paid for to date.

NO GUARANTEES

• Kalea Marine Designs cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.

• The Client acknowledges that Kalea Marine Designs cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Kalea Marine Designs.

COMMUNICATION & CLIENT’S PERFORMANCE

• Kalea Marine Designs is an online business therefore the majority of my communication is made via email, this helps me keep track of specific design requirements & any changes required.

• The Client must provide the Designer with clear and concise written instructions in a timely manner from receiving the Welcome Kit to allow the Kalea Marine Designs to perform the Services in accordance with the projected timeline.

• If you would like to chat with me on the phone or via video call, I am happy to do so, however it is The Client’s responsibility to please email me and make an appointment for a time to chat.

• If The Client is unhappy about the progress of the project or feels that Kalea Marine Designs is not finding an appropriate angle, The Client agrees to contact Kalea Marine Designs to discuss an amicable solution.

ADDITIONAL EXPENSES AND EXPANSION OF THE SCOPE OF WORK

• On-site consultations at The Client’s premises are charged at $80 per hour excluding GST unless otherwise specified. Travel time and associated costs for on-site consultations may also be calculated as an additional cost.

• Work falling outside of the scope of the Services requested by the Client, either orally or in writing, will incur additional charges. Work falling outside of the scope of the Services includes, but is not limited to:

  i. additions to the list of Works;

  ii. alterations to text supplied by the Client for use in the Works;

  iii. additional drafts required in the provision of the Services;

  iv. changes to the Client’s instructions or the brief;

  v. changes to any of the Works after the Delivery Date;

  vi. additional consultations; and

  vii. conversion, adjustment or manipulation of images;

• Where additional work requested outside of the scope of the Services, is in the sole and exclusive discretion of the Kalea Marine Designs, substantial, a Schedule of the additional Services and the additional Works must be annexed to the revised Quotation. The provision of those Services and Works will be subject to the terms of this Agreement;

   While Kalea Marine Designs maybe not be available on a last-minute request - urgent work requested outside of the scope of the Services which is required outside of ordinary business hours will be charged at an hourly rate equalling the Designer’s ordinary hourly fees of $70/h + a last minute rush fee of 25% from the final amount on the final invoice.

CLIENT’S UNDERTAKING AND WARRANTIES

By signing the Welcome Kit and agreeing to the Terms & Conditions outlined here, the Client undertakes and warrants that:

• The Client will exercise control over the Works. Kalea Marine Designs will exercise reasonable care, honesty and diligence in providing the Services. The Client nonetheless warrants that it is responsible for ensuring that the Works are not contrary to law, including:
  i. ensuring that the Works do not infringe the copyright or moral right of any person in relation to any material the Client has provided to Kalea Marine Designs;
  ii. ensuring that the Works do not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate;
  iii. ensuring that the Works are not by law defamatory of any person;
  iv. ensuring that the Works are not obscene, blasphemous, offensive or discriminatory; and
  v. ensuring that the Works do not constitute conduct that is in breach of the provisions of the Competitions and Consumer Act 2010 (Cth) or that gives rise to an action in passing off, including by undertaking trade practices clearances where appropriate;

• The Client must ensure that all statements purporting to be facts in the Works are true and correct and that no advice or instructions in the Works will if followed or implemented by any person cause loss, damage or injury to them or any other person;

• The Client will use and publish the Works at its own risk.

• The Client will indemnify the Designer against all claims arising from the Designer’s use of any information or documents supplied by the Client or for any act or thing done by the Designer on the Client’s instructions or with the Client’s approval.

LIABILITY

• Although the Designer will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding:
  i. any consequential loss, damage or injury, however it may arise;
  ii. any punitive, additional or exemplary damages;
  iii. If the Designer is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of the quote agreed.

RETRIEVAL OF WORK

• Kalea Marine Designs retains electronic archives of completed Works for a period of no longer than 2 years.

• If The Client looses or accidentally deletes any digital files supplied by Kalea Marine Designs at the completion of the Project, Kalea Marine Designs can re-upload to Google Drive, for a fee of $30 excluding GST per request. Providing the request from The Client has been made within 2 years from the date of completion.

• To the fullest extent permitted by law, the Designer accepts no liability for any loss or damage that may occur to archived work.

RELATIONSHIP OF PARTIES

• The Designer’s relationship with the Client is that of an independent contractor;

• Neither the Designer nor the Client will have (and must nor represent that it has) the power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name;

• Nothing stated in this Agreement should be construed as constituting the Designer and the Client as partners, in a joint venture, or as creating the relationship of employer and employee, master and servant or principal and agent between the parties;

• During the Term the Designer may provide, in any capacity, to any third parties, works or services of any description.

COPYRIGHT

• All preparation materials, sketches, visuals, unused concepts including the electronic files used to create the project, remain the property of Kalea Marine Designs.

• No copyright or any other intellectual property rights in the materials will be licensed to The Client until Kalea Marine Designs has been paid in full.

• Once the final invoice is paid in full by the Client, Kalea Marine Designs will licence to the Client copyright, limited to the purpose and media agreed in the quote. Kalea Marine Designs’ Fee is based upon this limited licence of copyright. If The Client requires a more encompassing licence or assignment, this must be the subject of further negotiations between the Client and Kalea Marine Designs. An assignment of copyright will only be granted if Kalea Marine Designs provides this in writing.

• Kalea Marine Designs retains personal rights to use completed projects and concept artwork for the purpose of marketing Kalea Marine Designs.

• All images displayed on the Kalea Marine Designs website, Instagram or facebook page are subject to copyright, and must not be copied or used without full permission from Kalea Marine Designs and the Client. Any breach of copyright will result in legal action being taken as necessary.

• Kalea Marine Designs will assume that The Client is the copyright holder of any text, graphics, photos or designs supplied or that The Client has written permission from the copyright holder to use the supplied text, graphics, photos or designs for commercial purposes.

SELF PROMOTION BY DESIGNER

• The Client allows Kalea Marine Designs to display any projects on the Kalea Marine Designs website/ Facebook page / Instagram page / portfolio for self-promotion purposes, including by entering the work in competitions or design publications relating to professional quality and recognition in the Designer’s industry

• The Client agrees to allow Kalea Marine Designs to credit design work on all websites designed by Kalea Marine Designs.

TURNAROUND TIMES

• Kalea Marine Designs will make every effort to meet deadlines. All quoted turnaround times are approximate. Kalea Marine Designs will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.

APPROVAL

• Approval is required for all projects, via email prior to work being released.

• Whilst all care is taken by Kalea Marine Designs, Kalea Marine Designs is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Kalea Marine Designs, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.

IMAGES

• Some designs may contain stock images that are available for purchase.

• Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Kalea Marine Designs is not responsible for colour variations in conversion from RGB to process CMYK.

• Kalea Marine Designs is not responsible for the reproduction quality of supplied images.

COLOUR MATCHING & PRINTING

• Whilst all care is taken, Kalea Marine Designs does not take responsibility for Client supplied artwork that does not print properly.

• Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.

• Trimming can vary from printer to printer.

CONFIDENTIAL INFORMATION

• If there are any specific confidential requirements surrounding The Project, the Client is to mention this before work begins. Kalea Marine Designs will be sensitive to the needs of the business.

• Kalea Marine Designs agrees that during the term of this Agreement it may have access to the Client’s Confidential Information, and agrees to both during and after the Term maintain the Confidential Information and to prevent its unauthorised disclosure to or use by any other person, firm, or company, unless or until authorised in writing to disclose any Confidential Information by the Client.

• Kalea Marine Designs agrees that it must not, both during and after the Term, make improper use of the Client’s Confidential Information to gain directly or indirectly an advantage for itself or for any other person or to cause detriment to the Client.

• The Client agrees that during the term of this Agreement it may have access to the Designer’s

  Confidential Information and agrees to both during and after the Term maintain the Confidential Information and to prevent its unauthorised disclosure to or use by any other person, firm, or company, unless or until authorised in writing to disclose any Confidential Information by Kalea Marine Designs.

• The Client agrees that it must not, both during and after the Term, make improper use of the

  Kalea Marine Designs’ Confidential Information to gain directly or indirectly an advantage for itself or for any other person or to cause detriment to Kalea Marine Designs.

• If Project’s are shared on Kalea Marine Designs’ social media pages, it is usually only after it has been finalised. If sharing midway through a Project, Kalea Marine Designs will always ask for The Client’s permission first.

PHOTOGRAPHY

• The same terms & conditions apply for photography projects quoted for The Client and additional terms & conditions may apply and will be quoted on a case by case basis.

• Client must notify the Photographer in writing if they wish to have anything photographed in a particular way. The Photographer will not be held accountable for not photographing desired products and interiors/exteriors if it wasn’t advised previously.

• It is understood that it is the client’s responsibility to inform Kalea Marine Designs by email for any date or location changes. The photoshoot will be agreed via email beforehand and any changes to the list should be advised to the Photographer at a minimum of two weeks before the photoshoot as this might impact the day’s schedule.

• If the client doesn’t cancel but re-schedules the photoshoot within a week, the booking deposit and agreement remain as is.

• Kalea Marine Designs isn’t responsible for bad weather or external elements out of its control that may impact the photoshoot.

• Photographs/images produced by Kalea Marine Designs are protected by Copyright Law (all rights reserved).

• Upon final payment by the Client, it is allowed to display resulting images for personal and commercial use following what has been agreed in the original quotation.

• Images may not be altered in any manner without prior written permission of Kalea Marine Designs. Kalea Marine Designs shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising, portfolio and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.

• The Client is obtaining digital copy of the images for social media and online use only, and shall not sell prints or authorize any reproductions thereof by parties other than Kalea Marine Designs. 

• The Photographer will not accept any responsibility due to any accident or damage to public or private properties during the photoshoot.

• Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests shall create a “shot list” of all shots that they require.

• All deliverable images as per contract will have standard image editing (including: light retouch, light and colour adjustments). Any extra specific edits requested by the client will cost the client $75 per extra hour of retouching if accepted by the Photographer. Extra adjustments include: (change the size of the body or parts of the body, replace parts of the body from another image, change the colour of parts of the product, extra retouch, replace or swap background). It is also understood that unless hair and makeup is included in the contract, Photographer is not responsible to fix hair or skin, or makeup problems.

• Images will be delivered within the agreed schedule and in High-Resolution (or known as High-Res) at 300DPI - or as per client’s preference.

• The Photographer keeps client files for up to 2 years after the photography session. Once the photographs have been delivered and downloaded by the Client, the Photographer is not responsible if the Client has lost or deleted the photographs and is not liable for any claims after this period.

RETURN & SHIPPING FOR ARTWORK & MERCHANDISE SOLD ON KALEA MARINE DESIGNS STORE

• All artworks and merchandise are hand made to order from Sydney, Australia and the highest possible care will be taken for each order. That means it can take a little time to create and ship artwork.

• At this stage, artwork is only shipped without frames.

100% CUSTOMER PROTECTION

• If your new artwork or merchandise is damaged in transit, or in the unlikely case you receive a damaged item, Kalea Marine Designs will quickly replace it for you free of charge.

• Simply email hello@kaleamarinedesigns.com.au  with your order number and it will be taken care of shortly.

SALE ITEMS

• Artwork and merchandise orders are dispatched within 3-5 business days. Orders are shipped via Australia Post. If you require Express Post options, please contact me at hello@kaleamarinedesigns.com.au

SHIPPING INTERNATIONALLY

• Please note, the shipping costs may vary following countries and can be higher than local costsOrders will be dispatched within 3-5 business days.

• Please note, Kalea Marine Designs is unable to accept returns for change of mind for International orders. If your order is badly damaged in transit, Kalea Marine Designs may replace the item for you. Please contact hello@kaleamarinedesigns.com.au for further help.

• Generally orders will be received within 10-15 working days, although certain destinations may take longer and are out of control from Kalea Marine Designs

DUTIES AND TAXES

• Please be aware that any items shipped internationally may incur additional fees and duties levied by customs. As the recipient of the item, you are responsible to pay any of the taxes and duties levied by the country you are shipping to. Your package will not be released from customs until these payments are made. Kalea Marine Designs is unable to advise how much these duties will cost, please ensure you aware of the cost of these fees before you make your purchase.

CARE & MAINTENANCE

• Kalea Marine Designs recommends not hanging your artwork in direct sunlight, not manipulating the artwork with any kind of household cleaning products.

• The artwork is printed with the highest quality however colours made fade over time if in direct sunlight. 

COPYRIGHT

• Unless otherwise indicated, copyright of Kalea Marine Designs artwork and the information on this website (including but not limited to; text, images, graphics, logos) is owned by Kalea Marine Designs. All right reserved.

 PRIVACY

• Any personal information that you provide to us, including your name, address, telephone number and email address will never be released, sold or rented to any entities or individuals outside of Kalea Marine Designs.

• Kalea Marine Designs do not collect or record any payment details, all payments are process by STRIPE.