Brand Design Terms of Service
By accepting the quote proposal or paying the initial deposit invoice, you agree to enter into this agreement between Societal Agency, with its principal place of business at 4/2 Cawarra Rd, Caringbah 2229 NSW, hereinafter referred to as "Agency," and yourself/your company, hereinafter referred to as "Client."
1. Services Agency agrees to provide the from the following services to Client, to the extent defined in this Quote Proposal:
Brand Design: Brand Strategy Development, Brand & Logo Design
Collateral Design: Digital Marketing Assets, Website Design, Social Media Assets, Packaging Design
Ongoing Partnership: Monthly Retainers, Brand Consultancy
2. Project Scope and Deliverables The specific scope of work, deliverables, timelines, and revision limits for each project are outlined in the Quote Proposal. Client will have ten (10) business days to provide feedback on each deliverable. If Client fails to provide feedback within 10 days, Agency may deem the project abandoned and invoice Client for completed work and 80% of the remaining scope.
3. Client Responsibilities Client must provide all necessary content, including wording, imagery, barcodes, icons, logos, and other assets. Client is responsible for ensuring the legality and trademark clearance of all provided assets. Agency does not perform trademark searches or guarantee legal use of provided assets.
4. Payment Terms 50% of the total project cost is due and payable before Agency commences work. This deposit is non-refundable. The remaining 50% of the project cost, plus any additional charges due to exceeding revision limits or other changes, is due upon completion and prior to delivery of the final files.
5. Termination This Agreement may be terminated by either party upon 14 days' written notice for any reason. Either party may terminate this Agreement immediately upon written notice in the event of the other party's material breach of its obligations hereunder.
6. Dispute Resolution Any dispute arising out of or relating to this Agreement shall be settled by mediation, or litigation in accordance with the rules of the mediator or court and the laws of the State of New South Wales, Australia.
7. Confidentiality Both parties agree to maintain the confidentiality of all non-public information obtained from the other party during the course of this Agreement. Agency may showcase mockups and designs related to the project on social media or online.
8. Intellectual Property All intellectual property rights in the completed deliverables, including designs, concepts, and materials, shall be owned by Agency until an Assignment of Intellectual Property is signed by both parties. Working files remain the property of Agency and may be purchased by Client for 50% of the total project cost.
9. Warranties and Guarantees Agency warrants that the services will be performed with reasonable skill and care. However, no warranties or guarantees are provided regarding the effectiveness or commercial success of the services.
10. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
12. Notices All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, return receipt requested, or sent by overnight courier, postage prepaid, addressed as follows:
Societal Agency
4/2 Cawarra Road,
Caringbah 2229 NSW
13. Severability If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.