Terms and Conditions
1.1 These Terms and Conditions of Service apply to all creations and services provided by the individual Declan Joseph Luke (who will be referred to as Skizorr for the remainder of this document) and in the case of any dispute are to be administered by the laws of the Commonwealth of Australia.
1.2 Any and all work is executed by Skizorr on the understanding that the client has read and consented to these Terms and Conditions.
1.3 Copyright is to be held by Skizorr on any and all design work including but not limited to images, ideas, visuals, illustrations, and words unless explicitly released by Skizorr in the form of a written agreement or statement by Skizorr after all project costs have been settled.
1.4 These Terms and Conditions are available to read at any time www.declanluke.com/termsandconditions
2.1 Upon the receival of a project proposal, Skizorr will provide the client with a quotation and project specifications form via email.
2.2 After the quotation and project specifications form is sent, the Terms and Conditions, quotation and project specifications is considered agreed upon when the customer responds with “I agree to these Terms and Conditions” via email or when any form of initial payment is completed.
2.3 To ensure to the removal of any doubt, the project will be administered by Skizorr’s Terms and Conditions, not any conditions designated by the client on the project proposal request.
Copyrights and Trademarks
3.1 Upon supplying any images, text, or words to Skizorr to included within in the client’s project, the client hereby declares that it holds the appropriate rights. copyright, and/or any trademark permissions. The ownership of any provided article will be retained by the client, and/or rightful copyright or trademark owner.
3.2 Any artworks, images, text, or words designed by Skizorr on behalf of the client, will remain the property of Skizorr unless otherwise stated and agreed upon in writing. The client is granted a license for the copyright material solely within the outlined parameters of the project specifications and/or any amendments made after and agreed upon by both parties and not to be used for any other purpose.
3.3 The client may request in writing from Skizorr, any needed permissions to use materials (for which Skizorr maintains the copyright) in configurations other than what was originally designated, and Skizorr may, at their discretion, grant use of additional forms and may charge for any of the additional usage. Any such permission must be obtained in writing from Skizorr before any of the aforementioned artworks, images, text, or words is used.
3.4 The client provides Skizorr permission to use any images, texts, words, or artworks freely in the pursuit of the design or artwork.
3.5 If Skizorr, or the client provide an image, text, artwork, word, audio clip or any other possible file to be used in a website, multimedia presentation, print item, exhibition, advertisement, video media, or any other possible medium believing it to be copyright and royalty free, of which then subsequently appears to have any such copyright or royalty usage limitations, the client will agree to allow Skizorr to modify, remove, and/or replace the design.
3.6 Client agrees to fully indemnify and hold Skizorr free of any harm in any and all claims resulting from the client in not having acquired any and all of the required copyright, and/or any other necessary permissions needed.
4.1 Any designs, copywrites, illustrations, or ideas created for the client by Skizorr is licensed solely for use by the client solely for the purpose of that project individually and may not be modified, re-used, re-sold, or re-distributed in any form without the explicit written consent of Skizorr.
4.2 All designs – where there is a risk that another party make a claim or copywrite, should be filed and cleared by the client with the appropriate authorities prior to any publishing or first use and legal advice sought as to its use.
4.3 Skizorr will not be held liable or responsible for any and all ensuing damages resulting from any such claims.
4.4 Skizorr is not liable or responsible for any loss, or consequential loss, failure of delivery of products or services, of any possible cause or occurrence. The client agrees not to hold Skizorr responsible or liable for any such losses or damage.
4.5 Any claim made against Skizorr will be limited to the relevant charge(s) or fee(s) paid by the client.
5.1 Pricing and costs of the designs by Skizorr will be clearly defined in a project quotation form that is sent via email to the client. Upon the client’s written acceptance of this quotation and the amounts within, will indicate the acceptance of these Terms & Conditions, and a non-refundable cost of 50% of the quoted fee will be immediately due as payment to Skizorr.
5.2 Unless otherwise discussed and agreed upon by Skizorr, all designs provided by Skizorr require an initial payment of a minimum of fifty (50) percent (%) of the project quotation total, prior to any commencement of work. The remaining percentage of the project quotation total will then be required upon conclusion of the work prior to ANY release of any design(s).
6.1 The client will be sent a notification email via PayPal’s (PayPal Holdings, Inc.) Invoice Reminder in addition to an email sent by Skizorr prior to final publication of any design or services. At this time the remainder of the amount due must be paid within 30 days.
6.2 Invoices to the client that remain unpaid for 30 days after the date of the initial invoice, will incur a late payment interest cost at the rate of 20% of the unpaid total from the date of which the final payment is due until the date of payment unless otherwise written and explicitly agreed upon by Skizorr.
6.3 Payments are made solely via online transfer through PayPal (PayPal Holdings, Inc.) and are subject to any fees and Terms and Conditions designated by PayPal.
6.4 Additional payments designated as a tip will be non-refundable and are not subject to any of the Terms and Conditions detailed in the “Cancellation” section of this form.
6.5 Any publication and/or release of designs provided by Skizorr on behalf of the client, are not to occur until the full quoted amount of payment has been received.
6.6 Any questions relating to the invoice must be submitted via email to Skizorr within 14 days of the initial invoice date.
7.1 An invoice shall be considered default if it remains unpaid for 30 days from the initial date conclusion of the project or any services provided. Skizorr is to be entitled to remove Skizorr‘s and/or the client’s material from any and all computer systems, websites, and media platforms until the amount due quoted for the project has been paid in full.
7.2 Any removal of such designs or material does not relieve the client of its obligation to pay the amount due.
7.3 Clients whose invoices become default agree to pay all Skizorr‘s reasonable legal and accounting expenses and/or third party collection agency fees in the enforcement of these Terms and Conditions and any debt.
Additional Service Charges
8.1 Any additional services requested by the client during the project that were not outlined in the initial project proposal that are over or above the estimated time or not in line with original brief, will incur an additional charge. Skizorr has the rights to refuse any changes outside the project specifications agreed upon.
9.1 Costs of the design(s) provided by Skizorr do not cover any release of Skizorr’s copyrighted source files of the design(s) unless otherwise stated and outlined in the project proposal, including but are not restricted to: psd, png, jpg, aep, blend or any other possible source files. If the client requires these files to transfer to an in-house or other designer they must request and receive a written agreement by Skizorr allowing use of the design(s) of the specified use of the source file.
10.1 The client agrees that any alterations
over and/or above the estimated work
made outside of the required design specifications
will be liable to a separate fee.
10.2 Any changes made by the client outside of the guidelines within the design specifications must be agreed upon in writing by Skizorr.
10.3 Additionally Skizorr will hold no responsibility for any alterations made by any third party, before and/or after the design(s) are published.
Design Project Duration
11 Any indication provided to the client by Skizorr of a project’s duration is an estimation. Skizorr will not be held responsible for any potential project over-runs for whatever cause. Estimated project duration is to begin from the date that the initial payment is received by Skizorr of the aforementioned minimum of fifty (50) percent (%) or by a specified date confirmed in writing by Skizorr.
Design Project Completion
12 Skizorr will consider the design project completed upon receipt of the client’s signoff or approval email. Any other services such as but not limited to: animation, editing, uploading etc or other services deemed to be significant by Skizorr may constitute a separate project with new design specifications and quotations.
13.1 The client agrees to allow Skizorr to place illustrations, artworks and/or other designs, along with a website link to the client’s site on Skizorr’s own website for demonstration purposes of Skizorr’s services and to use any designs in its own publicity, advertisements and/or portfolios.
Rights of Refusal
14.1 Skizorr will not include in its designs, any text, images or artworks which Skizorr deems to be immoral, offensive, obscene and/or illegal in any way. Any and all advertising materials must conform to the laws and standards laid down by all relevant advertising standards authorities.
14.2 Skizorr also reserves the right to refuse to include any and all submitted material without providing reason. If the situation were to occur in which any images, texts, designs and/or artworks that Skizorr does include in good faith, and subsequently discovers is in direct contravention to such Terms and Conditions, the client is to allow Skizorr to remove any such contravention without hindrance, penalty or liability. Skizorr is to be held in no way responsible or liable for any such materials being included.
15.1 Any cancellation of orders must be made initially via e-mail to Skizorr. The client will then be invoiced for all work completed thus far for the project that is over and above the non-refundable initial payment. Any and all balance of monies due must be paid within thirty (30) days or becomes liable to additional subsequent late fees, unless otherwise stated in writing by Skizorr.
15.2 Skizorr reserves the right to cancel any orders at any time without providing reason. In the event that such a cancellation would occur the client may be entitled to a refund of the initial deposit. This to be decided solely at the discretion of Skizorr.
15.3 In the event of which a cancellation were to occur before any work has commenced on the project, the client may be entitled to a full refund of the initial payment of minimum fifty (50) percent (%) of the project quotation. This is decided solely by Skizorr.
16 Skizorr provides no warranties of any kind, expressed or implied, for any and all products and/or services that Skizorr provides. Skizorr is to not be held responsible and/or liable for any and all damages resulting from products and/or services Skizorr supplies. Skizorr is not responsible for any loss, or non-delivery of products or services, of whatever cause. The client agrees not to hold Skizorr responsible for any such losse(s) or damage(s). Any claim against Skizorr shall be limited to the relevant fee(s) paid by the client.
17 These Terms and Conditions are to supersede any and all previous Terms and Conditions distributed in any form. Skizorr reserves the right to change any rates or costs of the initial quotation and any of these Terms and Conditions at any time and without prior notice.