LALA EYELASHES-30.web

TERMS & CONDITIONS

FOR YOUR lfb branding

1. Retainer PAID | CANCELLATIONS

The retainer (deposit) or any monies paid is non-refundable in money or in credits, regardless of cancellation notice time. What this means is that you, the Client, and ourselves, Lala For Business/the Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party.

Once written cancellation is given, you are responsible for payment for any and all expenses incurred and work done towards the completion of your project, determined by Lala For Business. In the event of cancellation, Lala for Business retains complete ownership of any and all copyrights and original work created.

2. CHANGE OF MIND ON SCOPE OF WORK | DESIGN | STOCK + MATERIALS

You are welcome to change your mind at any time during the process, BUT change-of-minds are not included in the price you pay or in the quote we’ve provided. Every time you change your mind on the design or on the scope of work we’ve agreed to, there will be extra charges applied to cover our time.

We will always confirm the extra charges and time needed to do this before we actually go ahead with any of the changes you request. It’s important that you communicate with us at all times – while we are very good at what we do, we can’t always read your mind. We do reserve the right to ask for payment before we proceed any further with your work.

Stock & materials change-of-minds – If you change your mind on the stock for your job, there may be extra charges for this – especially if we have already purchased the materials on your behalf.

3. PROOFING RESPONSIBILITY

We will always provide design proofs of everything: we don’t ever print or finalise your designs until you have sighted it and approved it for us. We ask that when you get your design proofs to check every little detail. We don’t take responsibility for checking your proofs – after all it’s your business, and only you know if your phone number is correct or not.

We provide a total of 1 x First Proof and 2 x Round of revisions on that first proof. Extra design proofs can be done at further cost. Keep in mind, however, that we won’t print or finalise your designs without your written approval; so the longer you take to approve, the longer it takes us to finalise your files and have your printed items sent off, finished and back to us.

4. what happens if my printed item or design has an error?

Let us know ASAP so we can fix it for you or get it re-printed, BUT if you approved your design proof with the error on it then we’re sorry to say that you will be paying in full to have the error fixed. (Refer to above paragraph about this) If by some chance the error is made by us, then we will fix it at our expense – and as fast we can.

5. what FILES DO I GET?

We DropBox you all of your logo files in the following formats: PDF / EPS / JPEG / PNG. Any other collateral will be provided in the appropriate format depending on the item. These files will be available to download for 1 month on DropBox and then they will be deleted. We can also supply everything to you on a USB at an extra charge of $30, plus postage costs.

Replacement files – If you can’t find your files that we’ve emailed/DropBoxed to you (or you can’t be bothered finding them) and you email us asking for them again, please note that this is time taken away from us working on other paid jobs so we will charge you for this at $140 (each time). We will ask for full payment first.

6. Timeframes

Turnaround time is completely dependant on you! If you postpone or take a while to get back
to us, any scheduled-in or previously-discussed deadlines and ready-by dates cannot be met without a fee of 30% (based on your package total cost) paid, to cover printer fees and our after-hours labour costs for us to complete your job without impacting our other clients.

Please keep in mind however that we cannot move forward on supplying final files, branding collateral, or printed items on time if you do not approve by the date we give you, or if you delay in paying the final invoice
in the timeframe given to you when the invoice is sent. We cannot proceed without approval or payment.

7. WORKING/RAW FILES | FONT FILES | IMAGE FILES

These are the design files we build for your brand and work with, and are not included in the price you paid. We don’t hand any of these over to you. The reason is that we earn money from our creativity, experience and skill and the ongoing work this creates. With the fonts and images used we have to pay hefty commercial rights in order to use them. The work we do for you is also a representation of our brand, and allowing you or someone else to alter what we have created essentially alters our work and brand.

If you want to own these files, ask us and we can provide a price for you. If you want to own the fonts that we have used for your brand, we are more than happy to show you where to purchase the rights/user license and files for it; we can also facilitate a purchase on your behalf, with the cost of that item to be covered by you and added to your invoice.

8. PRINT FILES

Inclusion of print files depends on the package and add-ons/additions you’ve chosen. If you’ve just chosen
our Foundations package, and have selected the Business Card instead of the Instagram graphics set, we’ll
include a print-ready PDF of your final approved business card design with your other branding collateral.

A business card print file is automatically included in our Framework and Next Level packages as well. For all other print items, included in the price you pay for those is the finished/physical printed item and our design time. A print-ready PDF file is not included. However, if you would like
to own the print file, ask and we’ll provide a price upon request. If you choose to go ahead we’ll ask you to pay the invoice before we release the print-ready PDF.

9. cOPYright | INTELLECTUAL PROPERTY

Once you have paid your account with us, you will then own the logos that we’ve created for you that you have chosen, approved and accepted. If you have not paid your account in full/if there are outstanding monies owed to us, we retain full ownership, copyrights and intellectual property rights to everything we half created on your behalf, and legal action will be taken for any breach or violation of our copyright, intellectual property rights or ownership rights.

You do not own and are unable to use any logos, concepts or design work that you rejected/did not choose/did not accept. These logos, concepts and related design work remain our intellectual property and under our copyright. You may not have them recreated by any other designer, agency or acquaintance without our express written permission; violations and breaches to our copyright, intellectual property and ownership rights for these items will be met with legal action.

10. Advertising & Marketing

We are proud of our work and love to show it off. If by some chance you don’t want your work shown in our socials, website or marketing, please let us know when signing these T+C’s. Privacy is paramount and is always respected.

11. POSTPONING YOUR ORDER

Just let us know straight away once you’ve made the decision to postpone. If you’ve approved but we haven’t gone to print yet, or if you’re still in the proofing stage, that’s not a problem at all. We’ll pop your job on hold for one year to take some of the stress off.

However, if you’ve approved and we’ve gone to print/finished printing, you are still liable for the cost of those items as well as the cost of any reprinting that needs to be done further on.

12. dealing with covid-related issues

With the world still reeling and coping with COVID – we’ve got a few unique situations to cover as restrictions on manpower, operating hours, production times and shipping times can wreak havoc in the best-laid plans.

12a. STock availability.

At the time of us confirming your quote, the materials you have chosen are to our knowledge in stock
at that time. However, please keep in mind that this may change. If your materials are out of stock,
we will let you know ASAP and provide an ETA on when it is avaliable, a recommendation and/or
alternative solution to consider.

Please keep in mind that this is completely out of our hands; we cannot control our supplier’s stock levels or shipping times so the ETA can change depending on where in the world the stock is coming from – but we will always keep you updated as soon as our supplier updates us if delays happen.

Neither us nor our supplier is liable for any compensation for delays.

12B. price variations during postponement

If you’ve postponed your order and prices have changed on certain materials/stock or parts of your order in that period, we’ll let you know and confirm any extra costs before we start on your job again.

12C. POSTPONING DUE TO COVID.

If you need to postpone your branding due to COVID concerns or issues, please email us to let us know that you’ve decided to postpone. We’ll reply to confirm the postponement and put your job on hold for one year.

12d. cancellation of your order or booking due to covid

We would be sad to see you cancel your order with us, but completely understand. If you haven’t started proofing with us yet, currently in the proofing process, or have approved and we haven’t gone to print yet, as a good-faith gesture we’ll refund 50% of your retainer (deposit) or money paid on your order. Please allow up to 1 month for your refund to be processed.

12e. if we’ve gone to print/have finished printing, and you need to cancel.

If we’ve printed your order or have just gone to print, there are two options we can offer you;

OPTION 1: If you want to keep these items, full payment is required before handing your items over.

OPTION 2: If you don’t want to keep these items, as a gesture of goodwill we’ll cancel off the remaining balance that is owing, and we’ll keep these items.

Please keep in mind that we will have the right to use these items however we see fit in order to recoup our printing and production costs.

12f. last minute printing/orders/reprints

We completely understand that due to COVID there may be times where you need your items reprinted with new information. When this happens, we’ll apply a 20% discount to the cost of your reprinted/replacement items and we’ll get those done as quickly as we can.

We’ll do our best to get everything completed as soon as possible, but please keep in mind that there may be rush charges of 35% of the order cost from our printers in order to jump their queue, but we’ll always advise if that’s the case before we go ahead.

13. the legal stuff… thanks, COVID

2020 and 2021 gave us upheaval after upheaval as the pandemic started and took root. It is because of this that we included a Force Majeure clause in order to protect all parties involved. For now, we have decided to keep it in as it does protect both us and you in the case of the ongoing pandemic and other world-changing events.

14. FORCE MAJEURE

Neither Party will be liable to the other Party for failure to perform any of its obligations under this Agreement to the extent such performance is hindered, delayed or prevented by Force Majeure (except for failure to make payments hereunder). Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to an outbreak, disease, epidemic, pandemic, quarantine restriction, or other public health or government restriction or advisory, fire, floods, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labour disturbances, acts of God or acts, omissions or delays in acting by any governmental authority; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.

 

Phew! That’s everything – we know it’s been a massive read, and thank you so much for getting through it all.

While our T+C’s look a little scary, we really want to assure you that they’re designed to protect both you and ourselves and keeps us all on the same page. We’d rather get the awkward talk out of the way and keep you informed about what rights and responsibilities you have towards us, and what rights and responsbilities we have towards you from the start – and for us, it gives you a chance to ask any questions and open up a discussion about anything that might be a bit confusing.

And never hesitate to ask – we love a good chat and we want you to be confident that you know exactly what you’re getting and that you’re looked after.