Terms & Conditions
Please read these Terms & Conditions carefully. By engaging Dalina Dominguez for any services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
Dalina Dominguez (referred to in this document as “we”, “us”, or “our”) reserves the right to update or modify these Terms & Conditions from time to time. The version in effect at the time you engage our services will apply to your project. It is the Client’s responsibility to review the Terms & Conditions prior to engagement.
These Terms & Conditions apply to all services provided by Dalina Dominguez and form the entire agreement between Dalina Dominguez and the Client. They supersede any prior agreements, communications, representations, or terms (whether written or verbal), unless otherwise agreed in writing.
Quotations
All quotations are valid for 30 days from the date of issue.
Quotations are based on the Scope of Work agreed at the time of quoting.
Any variation to the Scope of Work may result in a revised quotation or additional charges.
Scope of Work
The Client agrees to provide a full and accurate brief prior to commencement.
The Scope of Work must be agreed in writing before work begins.
Any changes to the agreed Scope must be requested in writing (email accepted).
Variations will be charged at the agreed hourly rate unless otherwise quoted.
Fees & Payment Terms
Deposits
A 50% non-refundable deposit is required upon acceptance of the quotation.
Work will not commence until the deposit and a signed acceptance of these Terms & Conditions are received.
Final Payment
The remaining balance is invoiced upon completion of the project.
Payment is due within 14 days of invoice date.
Final deliverables will not be released until full payment has been received.
Retainer Clients
Retainer clients will receive weekly invoices with a corresponding timesheet.
Payment terms for retainers are 30 days from invoice date.
Late Payments
A $45 administration fee will be charged on overdue invoices.
Accounts outstanding more than 30 days may incur 5% interest per month on the overdue amount.
Accounts unpaid after 45 days may be referred to a debt collection agency, with all recovery costs payable by the Client.
Dalina Dominguez reserves the right to suspend work on current or future projects until overdue accounts are settled.
Revisions
Two (2) rounds of revisions are included unless otherwise stated.
Additional revisions are charged at $105 per hour.
All revision requests must be made in writing.
If work must be redone due to an incorrect or changed brief, this will be charged at the current hourly rate.
Client Responsibilities
The Client is responsible for:
Providing accurate and complete information.
Reviewing and approving all artwork carefully before final sign-off.
Arranging independent proofing where required.
Dalina Dominguez is not liable for:
Typographical errors, spelling mistakes, or incorrect information once approved by the Client.
Errors arising after final approval.
Print or production issues when print is arranged independently by the Client.
Printed proofs are strongly recommended before full production.
External Costs
External or third-party costs (including but not limited to stock imagery, font licensing, web hosting, development, printing, technical support, or contractors) are additional to design fees unless otherwise specified.
Dalina Dominguez is not liable for third-party supplier performance, errors, or delays.
File Supply & Working Files
Final deliverables will be supplied in agreed formats.
Editable working files (e.g., Adobe Illustrator, InDesign, Photoshop files) are not included unless agreed in writing and may incur an additional fee.
Files are archived for 30 days after project completion. Retrieval beyond this period may incur a fee.
Delays
If a project is delayed due to the Client (including lack of feedback or materials), Dalina Dominguez reserves the right to:
Issue a progress invoice for work completed to date.
Reschedule the project timeline.
If communication ceases for more than 30 days, the project may be deemed cancelled.
Cancellation & Termination
By the Client
The deposit is non-refundable.
If cancellation occurs after work has commenced, the Client is liable for work completed up to the date of cancellation at the hourly rate of $105.
If more than 50% of the project is complete, a pro-rata invoice will be issued.
By Dalina Dominguez
If cancellation occurs due to unforeseen circumstances, any unused portion of the deposit will be refunded.
Upon cancellation, all rights to unfinished or unused concepts remain the property of Dalina Dominguez.
Intellectual Property
Copyright of all creative work remains with Dalina Dominguez until full payment is received.
Upon full payment, ownership of the final approved artwork is assigned to the Client (excluding unused concepts and third-party licensed materials).
Unused concepts remain the property of Dalina Dominguez.
Dalina Dominguez retains the right to showcase completed work in portfolios, websites, social media, and promotional materials unless otherwise agreed in writing.
Confidentiality & Non-Disclosure
Both parties agree to treat confidential information disclosed during the course of the project as confidential for a period of five (5) years from disclosure.
Confidential information will only be used for the purpose of fulfilling the Scope of Work and will not be disclosed to third parties without written consent, except where required by law.
Limitation of Liability
To the extent permitted under Australian Consumer Law:
Dalina Dominguez’s liability is limited to the value of the fees paid for the project.
Dalina Dominguez is not liable for indirect, consequential, or incidental damages, including loss of profits, business interruption, or reputational damage.
Nothing in this agreement excludes rights under the Australian Consumer Law.
Governing Law
This agreement is governed by the laws of Western Australia. Any disputes will be subject to the jurisdiction of the courts of Western Australia.