Project Based Design Services

Terms & Conditions

This document defines the terms and conditions of our working relationship. All projects or services that Born By Subtraction may be contracted to produce or provide for the Client. By accepting our quote or paying the first issued invoice, you will be subject to the following (customer is referred to as Client):

1. SCOPE OF WORK
1.1 The scope of work is as per provided notes and subject to the same assumptions. Should the scope of work change in any way, this estimate is subject to revision, and this additional work will not be undertaken until the Client has approved the revised estimate.

2. TIME SHEETS AND PRODUCTION SCHEDULES
2.1 Born By Subtraction will share the time sheets of all work undertaken on this project.
2.2 Born By Subtraction will alert the Client should it become apparent that significantly more or less time will be needed to complete the work specified.
2.3 Production schedules will be established and adhered to by both Client and Born By Subtraction, provided that neither shall incur any liability, penalty, or additional cost due to delays caused by factors beyond their control. Where production schedules are not adhered to by the Client, final delivery date(s) will be adjusted accordingly.

3. PAYMENT
33.1 Payment terms vary by project and are outlined in each quote. Unless otherwise specified:

• Standard invoices are payable within 7-14 days of receipt.

• Other invoices (larger contracts or retained services) may have 30-day payment terms as agreed.

• For fixed-fee projects, 50% of the total project cost is due upfront before work commences, with the remaining 50% payable before final handover of Issued Art.

3.2 Interest on overdue payments will be charged at 5% per month on past due balances.
3.3 The grant of any license or copyright usage rights is strictly conditional on full payment being received.
3.4 Born By Subtraction reserves the right to suspend work, withhold materials, or delay project progress if the Client breaches the agreed payment schedule until the matter is resolved.
3.5 The Client assumes responsibility for any collection costs or legal fees incurred due to non-payment or late payment.
3.6 The Client agrees to pay Born By Subtraction in accordance with the specific payment terms detailed in their project quote.
3.7 Unless otherwise specified, all final balances must be settled before the release of Issued Art.

4. ESTIMATES / QUOTES & REVISIONS
4.1 Final fees and expenses shall be shown when the invoice is rendered. Client approval shall be obtained for any increases in fees or expenses that exceed the original estimate by over 10% or more.
4.2 Billing will reflect the actual costs incurred. Quotes are valid for only 30 days from the date of the estimate. Client-requested changes will be billed additionally. Clients will be notified of any price changes.
4.3 Fees for professional services do not include outside purchases such as, but not limited to, typefaces, font licensing, stock imagery, mock-up files, printing, photography, videography, sound design, animations, illustrations, coding, special materials, production costs, outsourced development, shipping and handling, or courier service. Any additional costs will be itemized on each invoice and must be approved by the Client before purchase. Any additional costs will be itemized on each invoice and must be approved by the Client before purchase. Expenses are itemized on each invoice.
4.4 The number of included revision rounds is set in the quote. Any additional revisions beyond this will be subject to additional charges at our hourly rate of $155 AUD per hour.
4.5 Working files are not provided. If a client requests working files, Born By Subtraction may decide to provide these at a working file fee of 25% of the total project cost.

5. CONFIDENTIALITY, OWNERSHIP OF MATERIAL, AND CREDITING WORK
5.1 All work undertaken by Born By Subtraction shall be confidential until such time as the material becomes available in the public domain.
5.2 Once a project has been delivered and is fully paid for by the Client, Born By Subtraction will assign the reproduction rights of the design for the use(s) described in the quote.
5.3 All design and artwork created (or purchased) by Born By Subtraction remains the right of Born By Subtraction, unless the Client purchases “All Rights” from Born By Subtraction. If the Client wishes to use the design for another purpose or project, including a reprint or exhibition, the Client must contact Born By Subtraction to arrange for any additional licenses or fees before proceeding.
5.4 Born By Subtraction reserves the right to photograph, distribute, or publish for promotional and marketing purposes any work created for the Client, including concept design, mock-ups, and comprehensive presentations, as samples for Born By Subtraction's portfolio and similar media.
5.5 Proper Credit Clause: Clients must provide honest and clear credit to Born By Subtraction when sharing or promoting work designed by us. This includes, but is not limited to, website credits, social media tags, and acknowledgment in print or digital publications where design work is featured. Born By Subtraction reserves the right to request proper credit if omitted.
5.6 Born By Subtraction agrees to store project data for a period of 12 months beyond the delivery of a job. Thereupon, Born By Subtraction reserves the right to discard it.

6. RUSH FEES & WHITE LABEL WORK
6.1 Rush Fees: Any project requiring an expedited timeline outside of standard scheduling may incur a rush fee, determined based on project complexity, turnaround time, and current workload. This fee will be communicated and agreed upon before work begins.
6.2 White-label projects where Born By Subtraction provides design services under another brand’s name will be charged at a minimum 30% premium above the standard hourly rate.

7. CANCELLATIONS, ERRORS, AND OMISSIONS
7.1 Should the Client be unable to keep their commitment and the project is canceled or postponed indefinitely, the Client shall be liable to reimburse Born By Subtraction in full for any work done up to that point (as per time sheet) as well as an additional cancellation fee of 30% of the remaining project value.
7.2 Born By Subtraction may withdraw from a project if it becomes inactive for 30 (thirty) days. A representative will notify the Client in writing before withdrawing.
7.3 It is the Client’s responsibility to check proofs carefully for accuracy. Born By Subtraction is not liable for errors or omissions once the Client approves artwork.

8. FORCE MAJEURE
8.1 Born By Subtraction shall not be held liable for delays or failures to perform obligations due to unforeseen circumstances beyond our control, including but not limited to natural disasters, illness, or technical failures.

9. OUT OF OFFICE HOURS
9.1 Good design takes time, please allow a generous lead time when possible.
9.2 Our studio follows a strict work-life balance policy. If work is required after hours or on weekends, it will incur an additional charge at double the hourly rate ($310 AUD per hour).

10. ACCEPTANCE OF TERMS
10.1 Written acceptance of any estimate/quote or payment of the first issued invoice indicates that you have read, accepted, and agree to comply with these Terms and Conditions.