We’re a fair and reasonable business, but like any business we have terms and conditions to make it clear what our, and our client’s responsibilities are.
Below are Très Chic Studio Co’s Terms Of Service.
In this Agreement, the party who is to receive the services shall be referred to as “the Client”, “they” or “you”, and the party who will be providing the services shall be referred to as “Très Chic Studio Co”, “Tarnae Ruby”, “we”, “us”, “our”, “my” and/or “the Designer”.
It is vital that you [the Client] take the time to read all of our terms thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with us.
The Client is given every opportunity to contact and discuss with us any of the terms and conditions in this document if anything needs clarification prior to signing our Terms Of Service and subsequent commencement of any project. If you have any questions or need clarification please email us at firstname.lastname@example.org and we will repond at our earliest convenience.
CHANGES TO THE TERMS OF SERVICE
We reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of Très Chic Studio Co’s products and/or services following any such change constitutes your agreement to follow and be bound by the relevant terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
Prices for our services and products can be subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not accept phone calls. Communication is strictly limited to email only during business hours Monday to Friday, we are busy designing for our world-wide Clients, and for the very reason that emails create a paper trail for our records to help during any phase within a project. Clients are to determine their own comfort level with this policy before proceeding with any deposit. We are readily available via email during business hours (excluding public holidays). WE DO NOT answer emails from non-clients asking for free advice.
COMMENCEMENT OF WORK.
Agreement to work with, and submission of a design brief and payment of deposit to Très Chic Studio Co constitutes agreement to these terms of service.
FEES AND PAYMENTS
The client agrees to pay Très Chic Studio Co the agreed fee for carrying out the work detailed in the Contract.
TERMINATION OF WORK
If/when in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of our Terms of Service, (such as in the case of abandonment of a project) we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
ABANDONED PROJECT(S) AND NON-COMMUNICATION
Très Chic Studio Co shall not be liable for any failure or delay in supply or delivery of services where such failure or delay is wholly due to the client making no attempt at communication for a prolonged period, circumstance being out of the control of Très Chic Studio Co. Pending Projects are considered abandoned when the client has made no attempt at communication for a period of 40 days or more at any stage during the project. Further, abadonded projects are defined by no notice given by the client for the above duration, and at no fault of Très Chic Studio Co, after work has commenced, the client forfeits their deposit/retainer for services already rendered. If this occurs when the project is over the half way point (covered by the initial deposit) a pro-rata payment based upon the time spent is payable, plus a cancellation fee of 20% of the total project cost will be invoiced.
Etsy orders are considered abandonded at 30 days or thereafter of non-communication from the client after we have sent an Etsy Convo and are waiting on a response regarding drafts, edits, changes or design approval. After 30 days of not responding the order will be marked shipped and the buyer will be requested to pay a restart fee if they contact us wishing to complete the order.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of the Client. From time to time the Client will require extra design requirements during a project, or extra files upon completion of a project. The Client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the Client wishes these alterations to be made they must agree in writing, and a fee of $150 (plus GST if applicable) per hour will be payable.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the Client by Très Chic Studio Co may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
OUR WEBSITE COPYRIGHT.
Unless otherwise indicated, material on this website, including but not limited to copy, designs, images, illustrations, software, audio clips, video clips, animation files, is subject to the copyright Très Chic Studio co. Consequently, the material on this website may not be copied, reproduced, modified, posted, transmitted, distributed, in whole or in part in any form whatsoever, without our prior written consent. All rights reserved.
APPROVAL OF ARTWORK
While Très Chic Studio Co takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production as it is the Client’s responsibility to thoroughly proof read and approve all final copy before the production of final artwork. Authorisation given to us via email shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are our responsibility after a final client-approved design has gone to print.
LIMITATIONS OF LIABILITY.
Très Chic Studio Co shall not assume any responsibility, and shall not be liable for; any damages to, or viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website.In no event will Très Chic Studio Co, nor their respective employees, affiliates, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this web site be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
COPYRIGHTS + TRADEMARKS
PREMADE LOGO DESIGNS
The copyright of all Premade Logo Designs belongs to Très Chic Studio Co. at all times.
WEBSITE DESIGN & CONTENT
The Client assumes responsibility for all content supplied by the Client and indemnifies Très Chic Studio Co from any issues arising from its use for any copyright or other legal disputes.
Programming code will remain the intellectual property and copyright of Très Chic Studio co. Open Source code is subject to its licencing restrictions. We shall grant the Client, once full and final payment has been made, a non-exclusive, non-expiring, worldwide, royalty-fee right to use the final programming code for its own use.
COMMERCIAL RIGHTS /CUSTOM LOGOS
The Client will retain copyright for approved final custom (OAAK) One Of A Kind designs that we create, once full and final payment has been made for the particular design chosen.
Concepts presented that are/were not chosen by the Client are strictly copyright to Très Chic Studio Co, including any unused designs, concepts and ideas, they will remain the intellectual property and copyright of Très Chic Studio Co. All component artwork, preparatory work, unused designs, sketches and any associated files remain the property of Très Chic Studio Co at all times.
DESIGN DISPLAY RIGHTS
Très Chic Studio Co retain personal/display rights of all of our designs to use the completed project and any preliminary designs for the purpose of our own portfolio, social media, design competitions, educational purposes and the marketing of our business. We acknowledge the confidential nature of unfinished projects and agree to only display project work once the project has been publicly launched/announced by the Client.
DESIGN COPYRIGHT & TRADEMARK LEGAL
The Client takes full responsibility for ensuring that the company/product/name is legally available before work is started. Should any legal issue arise with the name of their business after the project has been completed, no refunds are possible neither is Très Chic Studio responsible for any problems thus arising. The Client is to ensure the name they are using is legally safe to use before committing to a design project.