Terms & Conditions

Agreeing to Terms and Conditions

By signing up as a consumer of Graphiker Pty Ltd or as a user of the graphikerondemand.com website, you agree to be legally bound by these terms and conditions. Please examine these terms and conditions carefully. Graphiker Pty Ltd may also change these terms at any time by updating this webpage. You should visit this webpage periodically to check the conditions, as they are binding on you. If you do not agree to ALL of these terms, then you are expressly prohibited from using the website and should cease use of it at once.

Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary asset and all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and images on the website (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions. No materials may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any form unless completely approved by an authorised Graphiker Pty Ltd representative.

Graphiker Pty Ltd may also grant permission to your business to use materials on this website at its discretion. Materials that are permitted for use may not be modified in any way, be used for business purposes, be decompiled or reverse engineered, stripped of copyright/proprietary notations, or transferred to any other individual to “replicate” or “duplicate” on any other server.

Price

Our prices are either stated on our website or in an individual quote. Quotes are valid for up to 30 days. We hold the right to increase our prices at any time. This will generally happen as of the 1st of January of each year but could also happen at any time throughout the year.

Refund Policy Requirements – Graphic Design Subscription Service

It is our goal to provide a great service for our customers and ensure that you have an awesome experience with Graphiker Pty Ltd. The reason for our 14-day return policy is to ensure that prospective customers have the chance to try out Graphiker Pty Ltd at no risk. These are the requirements for our refund policy.

To qualify for our Design Service refund policy:

  1. You need to accept a call from our Project Manager to help walk you through the Graphiker Pty Ltd service and our design management platform Redbooth, to show you all the features and the processes that we require you to follow.
  2. You have to create at least one design task.
  3. You must provide feedback and allow our designers a minimum of two attempts to get it right.

Eligibility for our Design Service refund is void if…

  1. You APPROVE any design task.
  2. You request or download source documents.

We have these guidelines in place both to defend the integrity of our service and guard against abuse. If you have any questions, please feel free to email us at hello@graphikerondemand.com.

Consumer Representation

Through your use of the webpage, you represent and warrant that:

  1. All registration information you supply will be genuine, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information, as necessary.
  3. You have the legal capacity and you agree to comply with these Terms of Use.
  4. You are not a minor within your jurisdiction.
  5. You will not access the site via automated or non-human means, whether through a bot, script, or in any other form.
  6. You will not use the website for any unlawful or unauthorised purposes.
  7. Your use of the website will not violate any relevant laws or policies.

If you provide any information that is untrue, misleading, no longer current, or incomplete, we have the right to suspend or terminate your account and refuse any and all present and future use of the website (or any part thereof).

Consumer Registration

You will be required to register with the website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username that you choose if we determine, in our sole discretion, that such username is inappropriate, obscene, or in any other way objectionable.

Disclaimer

The website is provided ON AN AS-IS AND AS-AVAILABLE BASIS. You agree THAT YOUR USE OF THE WEBSITE AND OUR SERVICE WILL BE AT YOUR SOLE DISCRETION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBPAGE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ARE UNABLE TO ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY:

  1. Errors, mistakes, OR INACCURACIES OF CONTENT.
  2. Personal injury OR damage to property, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBPAGE.
  3. ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBPAGE.
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, BY ANY THIRD PARTY.
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.

Limitations

Under NO circumstances WILL Graphiker Pty Ltd, ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, design management platform, AND/OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.

Dispute Resolution

Any legal action or anything of that nature brought by either you or us (together, the “parties,” and individually, a “party”) shall be commenced or prosecuted in the state and federal courts located in Australia, NSW, and the parties hereby consent to, and waive all defences of lack of personal jurisdiction and discussion and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. Under no circumstances shall any claim, action, or proceeding brought by either party related in any way to the site begin more than 6 months after the cause of action arose.

Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Your Uploaded Content

Any text, documents, PDFs, pictures, videos, and files that you add to our server or submit through email are considered “Your content.” All materials and content submitted to us while creating your design request or projects remain your property. You are held 100% accountable for all content submitted and its use in the finished design. We do not provide any copyrights, trademarks, or license research while using your content. We shall use what you provide as-is and you are held accountable for the published work that Graphiker Pty Ltd submits back to you.

Responsibility for your Content: You are totally accountable for your content. You represent that you have all necessary rights to your content and that you are not infringing or violating any third party’s rights by posting it.

Permission to Use your Content/Material: By posting your content through our project management platform or submitting it by email, you give Graphiker Pty Ltd license to use it. Graphiker Pty Ltd will in no way claim ownership of your content, but we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own the rights to your content and any licenses that are your own remain yours. You simply grant us permission to use it.

Rights you Grant Graphiker Pty Ltd: By posting your content, you provide Graphiker Pty Ltd with a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, adjust, reproduce, distribute, store, and prepare derivative works of your content to provide the services and to promote Graphiker Pty Ltd.

Reporting Unauthorised Content/Material: If content or material that you own or have rights to has been posted to the service without your permission and you want it deleted, contact us via email. If your content infringes upon another’s intellectual property, we are able to remove it if we receive the proper authorisation.

Inappropriate, False, or Deceptive Content: You agree that you may not publish any content/material that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our terms. You furthermore agree not to post any content/material that is false or misleading or to use the services in a way that is fraudulent or misleading.

Fees and Refunds

You agree to pay the monthly fees for the duration of registration in full each month, prior to any services being rendered by Graphiker Pty Ltd under this agreement. You further agree to authorise Graphiker Pty Ltd to automatically charge your payment method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, yearly). Your account and access to services and documents may be suspended in the event of a decline of relevant charges. You represent and promise Graphiker Pty Ltd that such billing information is accurate and up to date, and that you are authorised to pay the fee.

You can cancel our services at any time, by contacting hello@graphikerondemand.com. Email requests to cancel must be sent and delivered a minimum of 24 hours prior to your subscription renewing. Refunds will NOT be given after your subscription renews. After cancellation, we can maintain your logins and keep your account active so that you can gain access to all previously submitted documents until the end of your current billing cycle. Graphiker Pty Ltd reserves the right to change our pricing and services at any time without prior notification.

You may qualify for a full refund within 14 days if you have not received the desired outcome from our service.

Ownership, Copyright, Trademark, and Supplied Documents

All designs and unique source files created while you are enrolled with us are yours to keep and maintain. You should provide our designers with sufficient content and instructions to complete the design tasks. All files submitted to Graphiker Pty Ltd must be owned by you and not be stolen from any other entity. You are 100% accountable for all materials submitted to us to create designs for you. Even with finished designs that we submit to you, we are not accountable for any infringement on intellectual property rights.

You agree to indemnify and protect Graphiker Pty Ltd and its associates, officials, members, managers, sellers, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and charges, including, without limitation, its reasonable legal professionals’ costs, arising out of or relating to (i) your breach of any of the terms of this agreement, (ii) your use of the services provided pursuant to the website, and (iii) infringement of a third party’s intellectual property rights or other proprietary rights.

Releasing Finished Work

We hold ourselves to a high standard of delivery and would never deliberately post late documents with errors to you. However, in the unexpected event that you do receive a file with mistakes, please notify us directly and we will do our best to quickly make revisions and re-publish it to you. Graphiker Pty Ltd is not accountable for any loss of business or loss of revenue incurred from errors in our design documents. Please make sure you check the layout before ordering prints or finalising for advertising.

Logo & Brand Guidelines Design Jobs – Review & Completion

Deliverables

Graphiker will provide the client with between three (3) and seven (7) initial logo options. The project includes up to three (3) rounds of revisions. All feedback and requested changes must remain within the agreed project scope and budget.

Client Review Period

Clients must provide feedback or approval within seven (7) business days of receiving deliverables.

Project Completion

If no feedback is received within the specified review period, the project shall be deemed complete. At this point, Graphiker’s obligations will be considered fully discharged, and final files may be prepared and supplied at Graphiker’s discretion.

No Feedback and Refunds

Where no feedback is provided within the specified review period, the project will be treated as completed in full. In such cases, no refunds—whether full or partial—will be issued under any circumstances.

Extra Work

Any further amendments, revisions, or reactivation of the project after it has been deemed complete will incur additional fees, charged at Graphiker’s standard hourly rate.

Overdue Approvals

Delays in providing feedback or approvals that cause the project to exceed the agreed budget or timeline will result in additional charges at Graphiker’s standard hourly rate.

Enforceability

By engaging Graphiker’s services, the client expressly acknowledges and agrees to these terms and conditions in full. These terms are binding and enforceable under applicable law.

Confidentiality

All communications between you and any Graphiker Pty Ltd representative are confidential. We will not expose your private information or project details to unauthorised parties.

Design Subscription Delivery Output

You can submit as many design requests as you wish and all requests can be saved on our design management platform and prioritised thereafter. Our team will work on one active task at a time for you under the “Business Package” and two active tasks at a time for you under the “Agency Package”, inclusive of revisions. In order for us to move onto the subsequent design task, your current design task must be completely finished and approved before we are able to move on to the next task. You may also Pause or Cancel a task if you do not wish for that task to be completed. Pausing or cancelling a task will immediately prevent its production and allow our team to move on to the following task in the queue.

Contacting Our Designers Independently

By agreeing to these terms and conditions, you also agree that under no circumstances will you or a member of your company contact our designers independently of Graphiker and our design management platform. By breaching these terms, Graphiker has the right to terminate your agreement and refuse any further delivery of files, including current and past source files.

Website Management

We reserve the right, but not the obligation, to:

  1. Monitor the website for violations of these Terms of Use.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the terms of these Terms of Use, including without limitation, reporting such person to law enforcement authorities.
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically possible) any of your contributions or any part thereof.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the site or, in any other form, disable all files and content that are excessive in size or are in any way burdensome to our systems.
  5. Otherwise manage the website in a way designed to protect our rights and property, and to facilitate the proper functioning of the site.

Third-Party Websites and Content

Graphiker Pty Ltd has not reviewed or authorised all websites connected to its webpage. Graphiker Pty Ltd is not responsible for any content from these linked websites. Third-party links do not suggest an endorsement by Graphiker Pty Ltd. Please use your best judgement and restraint while using such links.