Terms and Conditions


These are the standard terms and conditions of Brett Spencer Creative (“the Designer”).  Please read these terms and conditions before you (“the Client”) commence a project with the Designer. 



Accepting Artwork

The Client is responsible for accepting proofs. Where the Client is printing, publishing and/or distributing for themselves the Client is responsible for accepting finished art. Accepting a proof/finished art, accepts all aspects of the proof/finished art, including design, spelling, grammar and quantity. The Client’s accepted proof is what will be printed or published. The Designer will not be responsible for any errors that were not corrected by the Client on the proof. Where Where the Client is printing, publishing and/or distributing for themselves the Designer will not be responsible for any any errors that were not corrected by the Client on the finished art prior to printing, publishing and/or distributing.

Colour Variation

The Client acknowledges that, with all printing, there may be some colour variation between what the Client sees on screen and what the final product looks like. There will be no reprints at the Designer’s expense due to colour variations.  

Unforeseeable Events

The Designer will have no liability to the Client for any loss, damage or expense caused by the Designer’s failure to complete or deliver goods or services under circumstances that is beyond the Designer’s control. These circumstances include, but are not limited to, flood, theft, strike, power outage, computer hacking, hardware malfunction, or an inability of the Designer’s normal suppliers to supply necessary materials.


Costing, Estimates and Quotes


A deposit must be paid by the The Client prior to the Designer commencing work on the project unless otherwise specified. The deposit amount is 50% of the estimated cost unless otherwise specified.


The Client will be invoiced as agreed between the Designer and the Client, or otherwise at the end of the project.  The Client must pay all charges as set out in the Invoice within 14 days unless otherwise specified.


Unless otherwise agreed between the Client and the Designer in writing, the Client will be charged:

  • a fee representing the hourly rate charged by the Designers (“the Hourly Rate”)); and
  • any Additional Charges as described below.

Upon request, the Designer will provide the current Hourly Rate for work on the Client’s project.  The Hourly Rate will not change for the life of each project.

Graphic Design Fees

The Designer will charge for all time spent completing a project.  To remove any doubt, the Designer will charge the Hourly Rate for core work to complete the project, as well as any Additional Work that is required in the circumstances.  Additional Work includes, but is not limited to:

  • additional work required to be done as a result of the client changing their instructions;
  • additional meetings with clients to seek further instructions on changes;
  • additional time taken to work from poor quality resources; and
  • additional work required to be done as a result of author’s corrections.

The Designer will not charge for time spent correcting errors which were caused by the Designer’s failure to exercise due care, skill and diligence.

Additional Charges

In addition to the Graphic Designer Fees, a Client will be charged any Additional Charges as required in the circumstances.  Additional Charges include, but are not limited to:

  • work required to be done urgently;
  • resources required to complete a project;
  • specialised work requiring unusual or specialised expertise;
  • handling or storage of material;
  • printing costs and charges; and
  • delivery costs and charges.

Any Additional Charges will be itemised separately on the Designer’s Invoice.


From time to time, the Designer may provide an estimate of costs to complete a project as per the Client’s instructions (Estimate).  An Estimate is based on a project with a clear brief, and does not account for Additional Work (as listed above in the Graphic Design Fees) or Additional Charges (as described above in the  Additional Charges), unless stated otherwise.  From time to time, the Designer may need to amend the Estimate before the project is completed.  The Designer will notify the Client in writing before making such amendment.


Websites and Technical Assistance

Web hosting

The final site will be uploaded to the Client’s hosting provider where access is available - or otherwise supplied on disk or ZIP file. The Designer accepts no responsibility for delays or down time, breakdown, or data loss caused by Hosting Provider or Internet Service Provider (ISP).

The Designer accepts no responsibility for any hacking, malicious code or illegal activities of a third party that affect the Client’s website.

The Designer will make best endeavors to ensure a website is bug and error free.  However, the Client acknowledges that web sites cannot be guaranteed to be 100% error free in construction.  Errors falling short of complete failure of consideration shall not constitute a reason to terminate the agreement.

Technical Assistance and Maintenance

The Client acknowledges that the Designer is in the business of Graphic Design and not IT support; the Designer does not undertake to provide technical assistance.

If the Designer is able to provide technical assistance and elects to do so, any assistance that takes 15 minutes or more will be charged at the Designer’s Hourly Rate.



Copyright and ownership remain with the Designer until final payment

The drawings, specifications, creative content of any works and/or services provided by us are our intellectual property and are copyright Brett Spencer Creative, whether the work or services for which they are created is executed or not. You are licensed to use the drawings, specifications and creative works for the purpose for which they were made. No other license is implied. The works shall not be used for any other purpose except by agreement use. We may terminate the licence if you breach your obligations to pay. Artwork release fees will be applicable at a negotiated rate at any time and applicable should the working relationship cease to continue at any time for any reason.

Designer retains ownership for drafts or desings not utilised by client

Notwithstanding the above clause, the Designer retains copyright ownership of all draft concepts, compositions, symbols and logos created or prepared for the client which is for any reason not utilised by the client.

Use of artwork for promotion of Designer / Confidentiality

The Designer may use all artwork in a promotional manner, unless requested otherwise at the time of engaging the Designer.  The Designer may add a ‘designed by’ link on the client’s website, which will remain there for the life of the design, except by negotiation.  The Client agrees to allow the Designer to place a small credit on printed material or advertisements.

The Client must inform Brett Spencer Creative in writing before the project commences if any material or information provided by the client is confidential.