Skip to content

Terms & Conditions

Please read these Terms & Conditions carefully in conjunction with our Privacy Policy before using the www.jdesignco.com.au Website operated by J Design Co.

We reserve the right at all times to make changes or updates to these Terms & Conditions at any time without providing you with prior notice. Any changes or updates to these Terms & Conditions will apply immediately at the time of posting on the Website.

If you do not understand these Terms & Conditions, our Privacy Policy or have any questions, please contact us via email at hello@jdesignco.com.au.

If you don’t agree to these Terms & Conditions and other policies referenced herein, please do not continue to use our website.

Definitions & Acronyms

Authorised Delivery Agent: any nominated third party delivery or shipping business.

Business Days: Monday – Friday where trading banks located in Australian Capital Territory, Australia are open to the public for transactions.

Comments: Creative ideas, suggestions, proposals, plans or other documents and material.

Delivery Address: the address to which the Goods are to be delivered as provided by you on the electronic Order form on the Website.

Delivery Fee: the fee charged by the Delivery Agent for the delivery of Goods to you.

Goods: means the items offered for sale described or displayed on the J Design Co. Website.

GST: the Australian goods and services tax charged on designated good and services as defined under A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

Law: any written rule/s e.g. Act, Regulation, Code, Order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by court judgment.

Order: any request by you to purchase Goods online from the J Design Co. website in accordance with these Terms & Conditions.

Personal Information: defined under the Privacy Act 1988 (Cwlth).

Price: the purchase price of each individual Good as specified on the J Design Co. Website and includes the GST where applicable.

Privacy Policy: J Design Co. Privacy Policy found on the Website.

Services: Any work undertaken by J Design Co. as requested by you.

Website: www.jdesignco.com.au

We or Us or Our: J Design Co.

You or Your: you as the purchaser of Goods from J Design Co. pursuant to these Terms & Conditions.

Compliance with Terms & Conditions

This agreement is a contract between the customer (you) and J Design Co.

By using this Website you acknowledge that you have read and understood, and agree to be bound by these Terms & Conditions when you submit an online Order to us or engage J Design Co. for their Services.

Privacy Policy

At J Design Co. we know that your personal information and how it is collected, used and communicated is of critical importance to you. We are committed to conducting our business in accordance with Australian Privacy Laws and have developed a Privacy Policy. By agreeing to these Terms and Conditions you will be deemed to have also read, understood and agreed to our complete Privacy Policy. 

Intellectual Property

This Website and its contents are subject to Copyright owned by J Design Co. or in the case of some material, a third party. You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other unauthorised use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited without express written permission by us.

Spam

J Design Co. will never knowingly send/transmit to electronic messages without your consent.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information to assist us to improve and develop the products and services we offer. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Links To Other Web Sites

Our Website may contain links to third-party websites or services that are not owned or controlled by J Design Co..

J Design Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that J Design Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Changes

You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to modify, replace or update these Terms & Conditions at any time without providing any prior notice. It is your responsibility to check this page periodically for changes. Any changes or updates to these Terms & Conditions will apply immediately at the time of posting on the Website.

By continuing to access or use our Website and its content after those revisions become effective, you agree to be bound by the revised Terms & Conditions. If you do not agree to the new Terms & Conditions, please stop using the Website.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in our content that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

If you believe that there is a typographical error, inaccuracy or omissions on this website, please contact us on email at hello@jdesignco.com.au.

Feedback & Other Submissions

If, at our request, you send certain specific submissions (for example design services) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service or any related Website. 

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Disclaimer

You agree that your access to, and use of, this Website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. The Website and its contents are provided on an “as is” and “as available” basis. The Website may contain errors, faults, discrepancies and inaccuracies and may not be complete and current.

J Design Co. makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this Website, except as otherwise provided under applicable laws.

Neither J Design Co., nor its affiliates, directors, officers, employees, agents, contractors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this Website and any other site linked to this Website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Governing Law

This Website is created, maintained and controlled by J Design Co. These Terms & Conditions shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms & Conditions will not be considered a waiver of those rights. If any provision of these Terms & Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms & Conditions will remain in effect. These Terms & Conditions constitute the entire agreement between us regarding our Website, Goods and Services, and supersede and replace any prior agreements we might have between us.

This website is available on the World Wide Web and may be accessed throughout Australia and overseas. We make no representations that the content of this Website complies with the laws of any country outside of Australia. If you access this Website from a place outside of Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access the Website.

Comments & Feedback

J Design Co. is focused on continual improvement of our Goods & Services.

If you have any suggestions or comments, please email us at hello@jdesignco.com.au.

 

 

Last updated: 30 October 2020

Proposal

The proposal only includes the items outlined in the quote. Extra work outside the original quoted scope will attract extra fees. Requests outside the scope will be quoted for and approval sought before proceeding. The proposal in general does not include printing, scanning, photoshop manipulation, photography, illustrating, editing or copy writing unless otherwise specified. 

Copyright

J Design Co. grants our clients (upon full payment of any account balance) a nonexclusive, perpetual, worldwide, fee-free license to use the logo/artwork/design/material for the original intended purpose. This means that we will provide you with the finished art files as quoted. By default, J Design Co. will retain a nonexclusive license over all design solutions produced by the company. J Design Co. reserves the right to use a picture version of the project when completed as part of our promotional portfolio. This portfolio could be viewed on screen, website, in printed form or as a PDF at our discretion. As the copyright owners we can assign some or all of our rights to you, or we can offer a full unrestricted exclusive license over particular design solutions and material produced by our company. This means that all design rights are handed over to you. All original working and final art files are released in this transaction. Of course, a licensing fee will apply, which is assessed on a case-by-case basis. J Design Co. warrant that Commonwealth, State or Territory Government will be the first owner of copyright in material created, or first published, under its direction or control and therefore granted a non-exclusive, irrevocable, perpetual, worldwide, fee-free license by default.

Intellectual Property

J Design Co. retains all rights regarding programming and development of source
code, as well as design processes (incorporated in the development of working
files–such as layered Photoshop and InDesign files). Once again you will be granted a non-exclusive license to use the developed IP for the purpose of the intended project. Full copyright or an unrestricted exclusive license can be purchased for an additional fee as outlined above. Each request for the hand-over of copyright will need to be assessed on a case-by-case basis. If you have any questions, please don’t hesitate to contact us by email at hello@jdesignco.com.au.

Fonts

Fonts are not copyright to J Design Co., only licensed, therefore we are unable to provide you with the fonts used within any project.

Final Art Files

Final art files (excluding logos) will be provided to you, the client, as high resolution PDF files unless requested otherwise. It is our policy that the final art working files remain with J Design Co. to protect both your copyright and ours. If you require the final art working files (InDesign, Photoshop or Illustrator) please request this at the onset of the job.  If you do require these files, a licensing fee will apply, which is assessed on a case-by-case basis.

Logos

Logos and any brand identity created and designed by J Design Co. will be provided to the client in various file formats sent electronically (either via email, Google Drive, Dropbox or another preference of your choice) for the purposes of your unrestricted use on the agreed intended business material.

Logo kits will contain editable EPS and AI files for your agreed use, however these files are not to be altered, modified or adapted in any way without permission from J Design Co. Should you require changes to the logo we ask that you return to J Design Co. with your request in order to maintain copyright and
design integrity.

Sending Your Files

Text files are to be sent to J Design Co. as a Microsoft Word document. All text supplied should be the final edited text. We do not correct text as we typeset. Unedited text will result in author corrections, which are billed per hour.

Images or logos should be supplied in 300dpi resolution if intended for print. Images intended for web based only should be provided with at least 72dpi.

It is your responsibility that all text or images have the correct legal copyright licenses. J Design Co. is not responsible or liable for unauthorised use of copyrighted content which has been provided by you, the client.

Variation/Termination of a Project

Acceptance of a proposal/quote confirms that you have a contract with J Design Co. for a project. If there are any changes in the requirements and/or specifications for the project, we reserve the right to change the proposal costs. 

Either party may terminate a project at any time. If you terminate the project, you are financially liable to J Design Co. for the time and resources spent working on your project, plus a cancellation surcharge of 15% of the total project cost outlined in the proposal.

If J Design Co. is forced to cancel the project for any reason, internal or extenuating, you are financially liable for the time and resources spent working on your project, however there will be no cancellation fee and upon request, the working files can be provided to you, the client.

Client Approval

J Design Co. takes the utmost care during the design process, however J Design Co. is not responsible or liable for any errors typographic or otherwise on design work once the client has approved the proofs, whether that be electronically or printed. Please ensure to check all artwork thoroughly.

Printing

J Design Co. can help arrange/organise printing services on your behalf. A printing fee will apply, which is based on the cost of printing, postage, consultation, management and press check (if requested). This cost will be added to your invoice and must be paid before printing commences.

J Design Co. is not responsible or liable for any errors that may occur due to any third party.

Websites

J Design Co. will do everything we can to ensure your website has no issues once launched, however there are many things out of our control. J Design Co. takes no responsibility for any third part products, plug-ins, software or components used in the website development such as payment gateway, SSL certificates etc. J Design Co. is not responsible for any third party interference or account suspension of your website following the launch. 

Domain registration and hosting charges are not included as a part of the proposal unless mentioned otherwise. J Design Co. will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

Closing Projects

If a project has been stagnant for 6 months, J Design Co. will notify the client by email or post that they need to provide further instructions or content to progress and complete the job. If we fail to hear from the client before the date specified in the email or letter, an invoice will be raised and an account management fee will be charged to re-open the job upon request. 

Payment & Invoicing

Payments are strictly within 14 days from the invoice date unless an alternative arrangement is negotiated prior to commencement of the project. Final art files will not be sent to the client until full payment has been received.  A receipt will be issued upon receival of payment. Unpaid invoices are theft and are subject to legal action by J Design Co. It is the clients responsibility to make sure all banking details are correct before transferring funds.

J Design Co. reserves the right to charge a non-refundable deposit of up to 50% of the total estimated project cost prior to commencement of the project. J Design Co. will seek approval from the client if there are any additional fees that will be incurred throughout the design process.

Some projects may require payment of third-party fees (such as website hosting, font licensing etc.) and by committing to working with J Design Co. you are agreeing that third-party fees may be necessary to conduct our Services.

Payment can be made through a bank transfer. 

The initial invoice is provided in the proposal which the client agrees to at the commencement of the project. A final invoice will be sent at conclusion of the project, which is to be paid within 14 days of the invoice date.

Late Fees

When you engage in graphic design Services with J Design Co. time is allocated to complete your project. In order to meet your projects deadline, prompt communication from the client must be maintained to avoid delays. 

If there is a large delay, this can cause substantial income loss and interrupt other clients of J Design Co. As a result, a late fee surcharge is applicable to projects delayed past deadline through no fault of the designer, as follows:
+ 3 days late: 5%
+ 1 week late: 10%
+ 2 weeks late: 20%
+ 3 weeks or more late: 40%

These surcharges can be waived in exceptional circumstances, or if you communicate well ahead of time that you need a deadline extension. Please contact us by email at hello@jdesignco.com.au.

Damage to Computers of other Devices

We can not guarantee that a file or program available to download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware device or software with which it might be used.

You are responsible to make sure that you have the property equipment and anti-virus to use this website safely. You assume all risk of use of all programs and files on this site, and you release J Design Co. entirely of all responsibility for any consequences of its use.

Placing an Order for Goods

You can place an online Order via the Website by correctly completing and submitting the electronic Order form on the Website. When you submit an online Order via the website, you are making an offer to purchase Goods for the stated price plus GST and delivery fee specified at the time you submit your Order.

In completing the J Design Co. electronic online Order form, you agree to provide information as to your personal details that are relevant, necessary and accurate to enable J Design Co. and our delivery agent to accept process and deliver your Order.

J Design Co. will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you due to inaccurate or incomplete personal details provided by you in respect of an Order.

You can Order online from J Design Co. if:

+ you are aged 16 years or over;
+ have, operate and maintain an active email account; and
+ have, operate and maintain a telephone number on which you are easily contactable.

You must thoroughly check your Order, prior to submitting your Order online with us. Once you have submitted your Order, cancellations of your Order or changes to the Goods in your Order cannot be made unless changes to your Order are made in agreement with J Design Co.

Once you have submitted your online Order, you will receive an automatically generated invoice containing your Order number. Please quote your Order number when communicating with us regarding your Order.

Acceptance or Rejection of an Order

J Design Co. reserves the right to either accept or reject an Order from you at any time or for any reason.

If we accept an Order from you, it represents an agreement by J Design Co. to supply the Goods to you in accordance with the Order and these Terms & Conditions. Your transaction is deemed to have taken place in Canberra, ACT Australia 2600.

If we reject your Order we will attempt to notify you by email and/or telephone number provided at the time the order was made. J Design Co. will not be liable to you for your loss or that of any third party due to the decline of an Order.

If we reject an Order and your payment for the Goods has already been processed we will refund the money you have paid to us for that Order within five (5) business days. Receipt of your refund will be determined by your financial institution and the time taken by them to process your refund. J Design Co. is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.

Product & it’s Availability

You acknowledge and agree that from time to time, some Goods displayed on the website may be unavailable or out of stock and that we may be unable to complete or fulfil part or all of your Order.

If this occurs, J Design Co. will contact you via email within five (5) business days to arrange for an amendment of your Order to replace the Goods with an alternative comparable product and price, if available and agreed by you. If this is unable to be fulfilled, we will issue a full refund. Receipt of your refund will be determined by your financial institution and the time taken by them to process your refund. J Design Co. is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.

We reserve the right to suspend or withdraw from sale either temporarily or permanently any Goods displayed on the J Design Co. website without notice to you at any time.

J Design Co. will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.

Where your Order is affected by an error on the Website e.g. description of Goods, an image, price or otherwise, we will reject this part of the Order. If applicable, J Design Co. will continue to fulfil the remainder of your Order in accordance with these Terms & Conditions.

If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.

You acknowledge and agree that:

+ all pictures and images of Goods displayed on the website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life.
+ you have read any corresponding written description of the Goods, prior to submitting your Order.
+ We have made every effort to display as accurately as possible the colours of our Goods on the Website, however the Goods may slightly vary in real life as we cannot guarantee that your computer’s monitor display of colour will be accurate. The colour on screen, will also differ in shades when printed.
+Where we provide dimensions and measurements in the descriptions of a Good, it is your responsibility to ensure that the actual size of each item is suitable for your purpose, prior to submitting your Order.
+ Any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

Price & Payment

The price of the Goods are stated on the Website and you agree to pay for your Goods at the time of placing an Order.

All prices of Goods and associated fees and charges are in Australian Dollars and are inclusive of Goods and Services Tax (GST) where applicable.

The prices of Goods on the Website are subject to change without notice to you.

You can pay for an accepted order using any of the following payment methods:

+ Mastercard
+ Visa
+ Debit Card

You will be issued a Tax Invoice by email once payment for your Order has been processed.

All payments for Goods must be cleared in full by J Design Co. before your Goods are dispatched.

If your payment cannot be processed, your Order will be rejected and you will be advised by email.

Delivery of Goods

J Design Co. uses Australia Post for all deliveries. All Goods are shipped to you from Canberra, ACT.

Depending on the area you live in, delivery can take up to 10 business days after the order has been placed. Upon dispatch of your order you will receive a confirmation email.

All our Goods parcels require a signature upon delivery.

Where there is no authorised person at the delivery address to sign for the Goods parcel, the delivery driver will leave a card and the parcel will be returned to the nearest Australia Post office for you to collect.

From time to time there may be a delay in the delivery of your Goods.

You acknowledge and agree that:

+ J Design Co. cannot guarantee that delivery may not occur in the estimated time period.
+ Estimate delivery times may change from time to time due to unforeseen circumstances or other factors beyond our control.
+ J Design Co. is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

Refunds & Returns Policy

Please refer to our Refund Policy.

Risk or Loss

All risk and title to Goods passes to you on the date and time of delivery to the delivery address you provided to us when you submitted your Order.