Terms and Conditions

Spirit Graphics, is a partnership registered to T.P ROBINSON & W.L ROBINSON (ABN: 15 077 829 725)

Spirit Graphics uses the STRIPE Payment Gateway for its online credit card transactions. STRIPE processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using theSTRIPE gateway are secured payments.

• Payments are fully automated with an immediate response.
  Your complete credit card number cannot be viewed by Spirit Graphics or any outside party.
• All transactions are performed under 128 Bit SSL Certificate.
• All transaction data is encrypted for storage withinSTRIPE bank-grade data centre, further protecting your credit card data.
• STRIPE is an authorised third party processor for all the major Australian banks.
  STRIPE at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Spirit Graphics.

For more information about eWAY and online credit card payments, please visit www.STRIPE.com

Spirit Graphics owns the Intellectual Property to all design work created and all resources used to create the design work.

Native files are generally not turned over to the Client. However, if required, a flat rate release fee of $350+GST per document applies to all requests for native files and packaging of  embedded links. Spirit Graphics reserve the right to change this cost at any time. Files will be release upon receipt of payment.

Australian Law on IP Created by Contractors

Contractors (including advisors and consultants) are often engaged to create a wide variety of new materials, including business plans, marketing plans, training manuals, information manuals, technical guides, software, websites, designs, drawings, research reports, databases and logos for an advertising campaign.

Both parties (hirer and contractor) should take care when entering into an agreement to adequately address the ownership of IP. For example, if the contractor presents a number of distinct designs or logos, and the company accepts only one, then who owns the IP rights over the remaining options?

If you wish to own the source files to any artwork/design work produced by Spirit Graphics please request an agreement in writing before work commences. Where a source file is requested without an agreement Spirit Graphics will quote a release fee and advise what source file are available. Availability of a native/source file remains at the discretion of Spirit Graphics until such written agreement between the client and Spirit Graphics takes place.

In Australia, the IP created by a contractor is by law considered the property of the contractor unless otherwise stated in the contract.

Online Advertising Subscriptions

If for any reason you are not completely satisfied with your online advertising service you may cancel your subscription in writing at any time with no further payment required. We do not provide retrospective refunds for advertising services already provided. If you cancel or suspend your subscription before the 12 month period your website may be suspended until subscription is re-activated.

Physical Goods

If for any reason you are not completely satisfied with your goods we offer a 30 day money-back guarantee from the time you receive the goods. Please email us at wendy@spiritgraphics.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems.

This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre pay all postage. You assume any risk of lost, theft or damaged goods during transit, so we therefore advise you take out shipment registration of insurance with your postal carrier. Spirit Graphics will not be responsible or parcels lost.

Digital Goods/Website Transfers

There is no refund offered for intangible or virtual items such as logo design packages.

If you require a complete package of your website to transfer to another web hosting provider, an archive and release fee of $150 +GST is applicable.

Graphics Design Time Billing

In order to ensure transparency and clarity in our billing process, we would like to bring to your attention our minimum charge policy.

As of [January 1st 2023], we have implemented a one-hour minimum charge for all graphic design and website design services provided by our team. This minimum charge covers the time spent on various aspects of the design process, including but not limited to:

• Design Time: This encompasses the actual creation and manipulation of design elements using Adobe programs.
• Communication Time: This includes the time spent in email correspondences and discussions with the client, both preceding and following the clock turnover in our Adobe programs.
• Brainstorming: We allocate time for creative brainstorming sessions to ensure the development of innovative and effective design solutions.
• Negotiations: Time spent in negotiations with the client regarding design concepts, revisions, and any other pertinent discussions is factored into the overall design time.
• File Saving: The process of saving and organising design files is included in the minimum charge to uphold the integrity and accessibility of project assets.

We believe that this policy will provide a comprehensive understanding of the value and effort invested in delivering high-quality design services. Please feel free to reach out if you have any questions or if you require further clarification regarding this policy.

The Spirit Graphics Team

We understand that sometimes life happens, and you may need to pause work on your project with us and that is completely acceptable if we are notified and made aware of your situation.

If your project goes more than 60 days without any forward progress or significant activity from your end, and no prior arrangements have been made with us and agreed to, your project will become Dormant. This means we put the project on hold and all associated files will be archived. Once your project has been archived, a reactivation fee of $120 +GST is required restart your project.

If your project remains inactive for an additional 60 days past the 60-day dormancy period (120 days total) with no significant forward progress made, milestones reached, or prior arrangement in place, our engagement will expire, no refunds will be available, and you will forfeit all deliverables associated with this client agreement.

Physical Goods

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via courier within 7 working days. However, certain products may take a little longer. If you wish to query a delivery please contact us at wendy@spiritgraphics.com.au.

Digital Products

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your digital material via email within an agreed timeframe. If you wish to query a delivery please contact us at wendy@spiritgraphics.com.au.

If, at any stage, the Client is not happy with the direction our work is taking, you’ll pay us in full for our time and for everything we have produced up to that point, as dictated by our records, and cancel the contract. Deposits paid are nonrefundable, regardless of when the project is cancelled.

A 30 day warranty is included for websites created by Spirit Graphics, that begins the date the website is live. The warranty provides assurance that the website software will meet all functionality requirements as outlined in the scope of work and covers reported bugs (programming errors) that exist in the original codebase upon go-live. Bugs reported within the warranty period will be fixed at no additional charge.

We will not be held responsible for any user caused errors or those that arise from third party software, or circumstances outside our control. The internet is a fluid and rapidly changing environment so we are not responsible, for updating and adjusting approved/completed designs due to specification changes with any third party platforms such as social media platforms, WordPress plugin updates, your email marketing provider, etc.

Spirit Graphics does not warrant that the website will achieve any particular result or results.

Unless otherwise agreed in writing, the Client will provide all written and illustrative content. You are responsible for proof reading and approval of all such content, and Spirit Graphics takes no responsibility for any factual, literal or grammatical errors which are published when the site goes live.

Copyrights and Ownership of Website Content

The Client guarantees that all elements of text, images, or other content it provides, are either owned by the Client, or that the Client has permission to use them.

When the final payment is made, copyright of the design, graphics, and other visual elements is transferred to the Client. You will also own all of the content, images, and media provided, unless someone else already owns them.

Portfolio Inclusion

We love to show off our work and share what we have created with other people. So we reserve the right, unless you specifically object, to display and link to your website as part of our portfolio and to write about it on websites, in articles, or make reference in any other marketing promotions.

Deposit

A deposit amounting to 50% of the total quoted amount is required before work commences. An invoice for this will be issued upon acceptance of the quote.

Balance

The balance (remaining 50%) is due before the site goes live, or 60 days from the deposit payment, whichever comes first. An invoice for this will be issued in the days before it is due, so as to allow you time to process payment.

Spirit Graphics is committed to fostering a respectful and professional environment throughout its operations.

Spirit Graphics is committed to fostering a respectful and professional environment throughout its operations. We vehemently condemn all forms of abuse and strictly prohibit any instances of abusive behaviour, negative assaults, or non-payment of outstanding invoices by our clients.

Please be aware that Spirit Graphics reserves the right to terminate web hosting services with a minimum notice period of 4 hours in situations involving breaches of our terms or when it is deemed necessary to safeguard our services and the interests of our clients.
Instances warranting termination may include, but are not limited to, failure to settle outstanding invoices, engaging in attacks, threats, or making false accusations against Spirit Graphics or its affiliates. It is important to note that in such cases, no pro-rata refunds or compensations will be provided.

We emphasise the importance of adhering to our terms and maintaining a respectful relationship for the benefit of all parties involved. Spirit Graphics is dedicated to providing high-quality services within a secure and harmonious environment.”
Please review and ensure it aligns with your website’s policies and legal requirements before publishing it on your Terms and Conditions page.