TERMS & CONDITIONS

This website, which is accessible by visiting www.brainstormdesign.com.au (hereinafter referred to as the "Website"), is owned and operated by Brainstorm Design, ABN 63 889 784 180.

Please take the time to review these Terms and Conditions before engaging with Brainstorm Design (referred to throughout this document as ‘BSD’). Engaging in any project with BSD signifies agreement to these terms. BSD reserves the right to update these Terms and Conditions at any time without prior notice. It is the responsibility of users to check this page periodically for any updates.

Commencement of Work

Agreement to work with BSD, including submission of a creative brief and payment of a deposit, constitutes acceptance of these Terms and Conditions.

Payment Terms

“The Client” agrees to pay a 50% deposit of the quoted amount before the commencement of any creative project, with the balance due before final delivery. This deposit is non-refundable once research, resource allocation, or creative work has begun. If “The Client” has a change of mind after work has commenced, the deposit is forfeited, and additional pro-rata fees may apply based on time spent. BSD tracks all work time for projects, and an hourly rate (plus GST) is applied.

For projects exceeding four weeks, “The Client” agrees to progress payments of 50% of the remaining balance per month until completion. Any outstanding amount is due in full before delivery.

Late payments (past COD) will incur a $110 + GST administration fee. Accounts unpaid beyond 14 days of the invoice date will incur an additional late fee of 5% of the project cost per week. If you are experiencing payment difficulties, please contact us promptly to discuss a solution.

Creative Work Samples

“The Client” agrees to allow BSD to showcase completed work as part of our portfolio. BSD acknowledges project confidentiality and will only display work after it has been publicly launched or implemented.

Force Majeure

BSD shall not be liable for any delay or failure in service delivery due to causes beyond our control, including but not limited to natural disasters, strikes, government restrictions, power outages, or unforeseen technical failures.

Fees for Service

Fees for creative services are based on provided cost estimates. If work exceeds the originally agreed scope, “The Client” agrees to pay additional fees. BSD will notify “The Client” of any scope changes requiring cost adjustments.

Excess Work (‘Out of Scope’ Work)

Additional design requests outside the original estimate will be charged at $110 AUD per hour (plus GST). Two rounds of minor changes (text, colours, layout tweaks) are included within 10 days of review commencement. Any requests beyond this timeframe or outside of minor changes will be charged accordingly.

Liability & Litigation

BSD guarantees that all work provided is free of third-party claims. BSD shall not be liable for indirect losses such as lost profits, missed contracts, or economic damages. Any liability is strictly limited to the direct remedial costs of the supplies only.

Approval of Final Artwork

While BSD takes every precaution to avoid errors, we are not responsible for typographical errors or incorrect information once a project has been approved. It is “The Client’s” responsibility to proofread and approve all final artwork before production.

Print Returns & Refunds

BSD is not responsible for errors in the final product once approved by “The Client.” If errors are identified after printing, reprint costs will be at the client’s expense. If a product must be returned for assessment, it must be done within 10 days of acceptance.

Print – Colour Variations

Colour variations may occur due to the nature of CMYK printing. BSD does not offer reprints due to minor colour shifts between digital previews and final prints.

Copyright & Usage Rights

BSD retains ownership of all design concepts and materials until full payment is received. Once paid in full, ownership transfers to “The Client,” though BSD reserves the right to showcase the work in its portfolio. BSD also reserves the right to use unused design concepts for promotional purposes.

Goodwill

Both BSD and “The Client” agree to act in good faith and work towards achieving the best possible outcomes within the given timeframe and resources.

Resending or Uploading Files

Lost files can be re-sent via Dropbox for $55 AUD per request (plus GST) within two years of project completion.

Artwork on USB or External Hard Drive

If files are required on USB or external storage, a $110 AUD (plus GST) fee plus courier/postage applies.

Website Design Credit

“The Client” agrees to allow BSD to showcase web designs in its portfolio with a credit link to the client’s site.

International Work

BSD serves clients worldwide and uses digital communication tools such as email, Slack, Zoom, and WeTransfer to collaborate globally.

Termination Policy

If a project is cancelled by “The Client” after work has commenced, the deposit is forfeited. If the project is over 50% complete, a pro-rata payment will be required at an hourly rate of $110 AUD (plus GST). If BSD cancels a project due to unforeseen circumstances, the deposit will be refunded in full.

Post-Completion Alterations

Two rounds of minor changes are included within 10 days of project delivery. Further amendments are charged at $110 AUD per hour (plus GST).

Confidentiality

BSD ensures that any confidential information shared by “The Client” remains protected.

For any questions regarding these Terms & Conditions, please contact us at tim@brainstormdesign.com.au.