Terms & Conditions,
Welcome to the Layered Design Studio website (the Website), which is owned and operated by Julia Gardner (we, us, our, or Julia Gardner).
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained in this document (collectively known as Terms of Conditions). Do not continue to use the Website if you do not accept all of the terms of service stated on this page.
We reserve the right to amend these Terms of Conditions at any time.
TERMS & CONDITIONS
1.’Layered Design Studio’ is Julia Gardner trading as Layered Design Studio
- ‘The Client’ is the party requesting the design-related services from Layered Design Studio.
3.’An Order’ is the request for services from Layered Design Studio
- ‘The project’ is a term used to describe a service from Layered Design Studio.
The terms & conditions apply to all dealings between The Client and Layered Design Studio. By placing an order with Layered Design Studio, you as The Client are forming a legally binding contract for services and you agree to the following terms & conditions.
COOKIES
We employ the use of cookies. By using the Website you consent to the use of cookies.
We use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances use the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
THIRD-PARTY
The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship, or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
PATTERN LIBRARY
When purchasing from the Pattern Library, we are not assigning to you ownership and intellectual property rights in the Licensed Pattern. You are purchasing a license to use the Licensed Pattern under certain restrictions and limitations as stated in the License Agreement that will be sent via email after enquiry.
Prior to purchasing a Licensed Pattern, you must read and agree to the License Terms and Conditions. Any order placed in relation to a Licensed Pattern/s is an offer by you to purchase that particular Licensed Pattern/s in accordance with these Terms and the Licence Terms and Conditions, and we reserve the right to accept or reject an order you make for any reason.
While we take every care to make sure our online store is up to date. Please note that when you submit an enquiry through the Website, no agreement is formed until we process and accept your order and send you a confirmation.
No refunds or exchanges are available after an order has been placed and a transaction has been made.
You must use and deal with the Licensed Pattern/s strictly in accordance with the License Terms and Conditions and your License Agreement. No one outside Layered Design Studio is prohibited to edit the Licensed Pattern.
You are solely responsible for all uses, productions, manufacturing, or application of the Licensed Pattern/s. We will only supply you with a Licensed Patterns
We warrant that the Licensed Pattern/s we deliver:
are owned by us, in terms of right, title, and interest in the intellectual property rights in respect of all Licensed Patterns;
will match the description in the order form;
will be free of third-party claims; and
will be of acceptable quality
QUOTES
All quotes are valid for 7 days only.
All prices are excluding GST unless otherwise stated.
All prices are in New Zealand Dollars.
Any additional work outside the scope of the project will be charged at an hourly rate of $100 per/hour.
Layered Design Studio is not responsible for any increases in materials by third-party services ( e.g printers, packaging suppliers, domain, and hosting) where the increases are beyond our control.
PAYMENT
A 50% non-refundable deposit is required before any work commences on a project over $500. The remaining 50% is due before the handover of the final files.
All design projects that are under $500 require to be paid in full upfront before any work commences.
All overseas clients are required to pay 100% upfront – regardless of the project price.
Payments are to be made via bank transfer to the account I provide you.
All invoice terms are 5 business days from the date on the invoice.
Invoices that are not paid on time will incur a late administration fee of $50.
Invoices that remain unpaid for 14 working days after the date on the invoice will incur an additional payment fee equivalent to 5% of the project’s cost for each week the invoice remains outstanding.
Final files will not be handed over until the invoice has been paid in full.
All printing invoices must be paid prior to sending the artwork to print.
All work not completed in a 2-month period will be invoiced regardless.
Payment is required for any artwork or drafts that have been terminated on your request at any stage of the development, prior to completion. The invoice will be issued as ‘work to date’.
If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred ( fees/commissions payable to the debt collector)
CANCELLATION
The client may cancel their agreement for any reason by providing a minimum of 10 days’ written notice to Layered Design Studio, any deposit paid prior to cancellation will be non-refundable. This is not applicable to Licenced Pattern/s purchases.
Layered Design Studio may cancel their agreement at any time for any reason by providing written notice to The Client. In the event that Layered Design Studio cancels the agreement, Layered Design Studio will provide any artwork completed and paid for to date.
NO GUARANTEE
Layered Design Studio cannot guarantee the outcome of design services and The Client’s comments about the outcome are expressions of opinion only.
The Client acknowledges that Layered Design Studio cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Layered Design Studio.
COMMUNICATION
Layered Design Studio is an online business, therefore the majority of our communication is made via email, this helps us keep track of specific design requirements & any changes required.
If you would like to have chat on the phone or via video, we can do so, however, we ask that you please email us and make an appointment.
COPYRIGHT
ONLY APPLICABLE TO BRANDING PROJECTS: The Client assumes full copyright and reproduction rights upon full payment of the completed project.
Layered Design Studio retains personal rights to use completed projects and concept artwork for the purpose of marketing Layered Design Studio.
All images displayed on the Layered Design Studio website or social media are subject to copyright, and must not be copied or used without full permission from Layered Design Studio and The Client. Any breach of copyright will result in legal action being taken as necessary.
LICENSED PATTERN PURCHASE: When purchasing from the Pattern Library, we are not assigning to you ownership and intellectual property rights in the Licensed Pattern. You are purchasing a license to use the Licensed Pattern under certain restrictions and limitations as stated in the License Agreement that will be sent via email after enquiry. We own all intellectual property rights in works and patterns available on our Website. You acknowledge and agree that all intellectual property rights are owned by us before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership of our intellectual property rights to you. You are not authorized to copy, share, publish or distribute our works or patterns, or otherwise infringe on our rights with respect to the work.
DESIGN CREDIT
The Client allows Layered Design Studio to display any projects on the Layered Design Studio website/social media for self-promotion purposes.
The Client agrees to allow Layered Design Studio to credit design work on all websites designed by Layered Design Studio.
TURNAROUND TIMES
Layered Design Studio will make every effort to meet deadlines. All quoted turnaround times are approximate. Layered Design Studio will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.
APPROVAL
Approval is required for all projects, via email prior to work being released.
Whilst all care is taken by Layered Design Studio, Layered Design Studio is not responsible for any spelling, grammatical, or numerical errors, or omissions after final approval. Even if these errors are from Layered Design Studio, it is the Client’s responsibility to proofread and check their projects thoroughly to identify any errors prior to approval.
IMAGES
Some designs may contain stock images that are available for purchase. This will be at the cost of The Client.
Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Layered Design Studio is not responsible for colour variations in conversion to RGB to process CMYK.
Layered Design Studio is not responsible for the reproduction quality of supplied images.
COLOUR MATCHING & PRINTING
Whilst all care is taken, Layered Design Studio does not take any responsibility for Client supplied artwork that does not print properly.
Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of the final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.
Trimming can also vary from printer to printer.