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– | TERMS & CONDITIONS AND GENERAL PRODUCT INFORMATION | –
Last Updated: 17 February 2025
General Agreement
By placing an order with Nutmeg Creative, ‘you’, ‘the Client’ are entering a binding agreement and agree to the following terms and conditions.
‘We’, ‘Us’, ‘Graphic Designer’ means the person performing the Project, Nutmeg Creative.
‘Project’ means the scope of work, deliverables &/or content as agreed.
‘Custom Design & Print Project’ means a project that includes a physical deliverable. For example, printed invitations or signage, etc.
‘Digital Design Project’ means a project where there is no physical deliverable. For example, digital logo design, social media assets, etc.
‘Third-Party Services’ includes, but is not limited to Printers, Print Finishers, Packaging Suppliers, Couriers, etc.
- Quotations
1.1 All quotes are valid for fourteen (14) days from the date of issue.
1.2 Prices are listed in Australian Dollars (AUD) and exclude GST. Nutmeg Creative is not a GST registered business.
1.3 Any additional work outside the agreed scope, including but not limited to additional revisions will be quoted separately at a rate of $65.00 AUD per hour. Work will commence upon client approval and receipt of payment. Costs for additional printing, materials, or third-party services will be quoted based on requirements.
1.4 Services beyond general graphic design will be quoted and charged at an hourly rate appropriate to the nature of the work.
1.5 Nutmeg Creative is not responsible for price increases by Third-Party Services that are beyond our control. - Payments & Confirmation of Booking
2.1 Your order or project booking is only confirmed once payment has been received.
2.2 A non-refundable Retainer Fee of 50% (or another amount agreed upon in writing) is required to commence all custom design projects.
2.3 The Retainer Fee covers initial costs such as design time, materials, securing venue installation dates, and creating custom concepts.
2.4 The Retainer Fee is non-refundable under any circumstances, except where Nutmeg Creative is unable to fulfil the order due to reasons solely attributable to us.
2.5 Some projects may require a Consultation Fee. This fee covers an agreed number of design mock-ups before a formal project booking is made.
2.6 The Consultation Fee is non-refundable but can be credited toward the final project cost if the project proceeds. If the client decides not to proceed, the Consultation Fee is forfeited.
2.7 Full payment is required before final artwork is released, sent to print, or put into production.
2.8 Printed items will not be produced, nor will final artwork files be provided, until payment has been received in full.
2.9 Full payment is required before any installation of artwork or related items takes place.
2.10 Payments are to be made via bank transfer, with details provided on your invoice. PayPal may be available upon request.
2.11 All invoices must be paid within fourteen (14) days from the invoice date or no later than one (1) business day before printing or installation is scheduled to occur, whichever comes first.
2.12 Late payments may incur a $50 AUD administration fee, with an additional 5% late fee per week for payments overdue by more than fourteen (14) days.
2.13 For projects extending beyond two (2) calendar months, partial invoicing may occur for completed work, regardless of whether the overall project is finished. - Digital Mock-ups & Revisions
3.1 Nutmeg Creative may provide a digital mock-up to illustrate the proposed design. These mock-ups are a visual guide only and may not exactly represent the final product.
3.2 The client is entitled to two (2) rounds of revisions per project.
3.3 Additional revisions will incur a fee of $65 AUD per hour.
3.4 All revisions and approvals must be communicated in writing via email. - Cancellation &/or Changes to Orders
4.1 Clients may cancel their order within 48 hours of placing it by providing written notice via email to hello@nutmegcreative.com.au. Any Retainer Fee or Consultation Fee paid is non-refundable.
4.2 Changes to an order may be requested at any time prior to final approvals, however a new quote may need to be generated.
4.3 If the client wishes to reduce their order after full payment has been paid there will be no refund for the difference in cost.
4.4 If the project has progressed beyond initial concepts, Nutmeg Creative reserves the right to invoice for the work completed to date. This may include time spent on design, materials, and any payments made to third-party services related to the order.
4.5 If an event date changes, Nutmeg Creative will accommodate the new date where possible, within 12 months of the original event date, subject to availability. If the revised date is beyond 12 months, a new quote will be required, and additional fees may apply.
4.6 A project will be considered abandoned if the client does not respond to requests for required approvals, content, or decisions for 30 days. Nutmeg Creative will make at least three attempts to contact the client via the provided communication channels (email and/or phone). If no response is received, the project will be closed. Abandoned projects are not eligible for refunds, and any outstanding balances remain payable.
4.7 Nutmeg Creative reserves the right to cancel any order at its discretion. In such cases, the client will be refunded for any work not yet completed, or where applicable, provided with completed artwork that has been paid for. - Approvals
5.1 Approval is required for all Projects via email before final delivery or printing.
5.2 You agree to review all proofs thoroughly for errors or changes, including but not limited to content, spelling, layout, formatting, and any changes of mind. Once final approval is given and full payment has been made, the order will be placed into production, which includes, but is not limited to, being sent for print. The responsibility for any errors or changes identified thereafter, including changes of mind, rests solely with the client. Correcting any such errors, making those changes, and placing the order back into production will incur additional charges, and delivery timeframes may be impacted. - Colour Matching, Printing & Finishing
6.1 Colour variations between screens and printed materials may occur due to the CMYK printing process. These variations are normal and not considered a fault.
6.2 Trimming and alignment may vary slightly between print runs or printers.
6.3 For projects where colour accuracy is critical, the client should request printed proofs. Printed proofs are quoted separately after the initial estimate has been provided and invoiced separately once requested. Nutmeg Creative’s process involves quoting and invoicing separately for printed proofs, which are not included in the initial project estimate unless explicitly stated. Printed proofs are the most reliable way to ensure colour accuracy, as monitor displays vary in colour representation. Nutmeg Creative is not liable for any discrepancies between digital proofs and final printed products without a printed proof being approved.
6.4 Nutmeg Creative is not liable for discrepancies or issues with client-supplied artwork.
6.5 You expressly acknowledge that while we will endeavour to meet your preferences, variations in materials, colours, textures, and sizes may occur due to factors beyond our control, including but not limited to supplier availability, batch inconsistencies, and the nature of handcrafted products.
6.6 You acknowledge that completed items may feature slight variations in texture, size, or colour, which are part of the creative process. - Turnaround Times & Rush Fee
7.1 Nutmeg Creative will make every effort to meet agreed deadlines; however, turnaround times are approximate and subject to change.
7.2 Delays in providing content, feedback, approvals or payment may impact delivery timelines.
7.3 Orders requiring expedited completion or short-notice installation may incur a 30% rush fee, calculated on the total final order price. You will be notified if this fee applies. - Copyright, Ownership & Usage Rights
8.1 Clients are responsible for ensuring that any content (e.g., images, graphics, logos, typefaces) they provide does not infringe on third-party copyright. Nutmeg Creative is not liable for copyright issues arising from client-supplied content, and the Client agrees to indemnify Nutmeg Creative for any such claims.
8.2 All original designs created by Nutmeg Creative remain the property of Nutmeg Creative, except where otherwise agreed in writing. Nutmeg Creative will not knowingly replicate or reproduce designs created by other designers. Client-provided references should be for inspiration only and must not infringe on third-party intellectual property.
8.3 Clients are granted a personal, non-exclusive, non-transferable license to use the final design(s) solely for their intended purpose. Designs may not be copied, modified, resold, or reproduced in any format without our prior written consent.
8.4 Unless otherwise agreed, custom design and print projects are provided in printed format only.
8.5 Final digital designs are supplied in standard formats (e.g., PDF, JPEG, PNG). Editable source files (e.g., AI, PSD) are not included but may be provided for an additional fee.
8.6 Ownership of final digital deliverables transfers to the client upon full payment, except where otherwise agreed.
8.7 Nutmeg Creative retains the right to use completed projects for portfolio, promotional, and advertising purposes, including on social media and websites. If a client wishes to keep their designs private, they must request this in writing before work commences.
8.8 A discrete Nutmeg Creative logo may be included on the finished work where appropriate. We appreciate being credited on social media when sharing photos of our designs.
8.9 Any unauthorised use, reproduction, or modification of the final works without prior written consent will constitute a breach of this Agreement, for which the Client may be liable for damages, including but not limited to intellectual property infringement. - Confidentiality
9.1 Nutmeg Creative respects the privacy of all clients and any sensitive information shared during the design process.
9.2 Any personal details, event information, or proprietary content provided by the client will be treated as confidential.
9.3 Nutmeg Creative may share necessary details with third parties involved in the event (e.g., printers, signage manufacturers, wedding planners, venues) to the extent required for production and coordination.
9.4 Client information will not be disclosed to any other third parties without consent, except where required by law.
9.5 Likewise, all designs, templates, and processes used by Nutmeg Creative are considered proprietary information and must not be shared, replicated, or distributed without written permission. - Order Collection &/or Delivery
10.1 Unless agreed otherwise, order collection is available from Plympton Park, South Australia, 5038. Available collection hours vary. Collections are required to be confirmed in advance.
10.2 Delivery is available on most, but not all items, at an additional cost – If delivery is included in your Order this will be listed on your invoice.
10.3 Unless agreed otherwise, delivery will be made by the most economical means either in person, or via a third-party delivery service.
10.4 Nutmeg Creative is not responsible for any delays caused by incorrect address details provided by the client.
10. Nutmeg Creative will not be liable for any damage, delay, or loss caused by third-party delivery services. All risks associated with the Goods pass to you upon dispatch. - Force Majeure
11.1 Nutmeg Creative shall not be held liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, government restrictions, pandemics, supply chain disruptions, or other unforeseen events (“Force Majeure Events”).
11.2 If a Force Majeure Event affects the fulfilment of an order or project, Nutmeg Creative will communicate with the client as soon as reasonably possible to discuss potential solutions. In cases where work has already been completed or costs have been incurred prior to the Force Majeure Event, the client remains responsible for payment of those costs. Deposits or payments made prior to the Force Majeure Event may be non-refundable, subject to Nutmeg Creative’s discretion. - Artistic Release
12.1 You acknowledge that the final aesthetic and creative interpretation of the Order rests solely with us. Requests for major aesthetic changes after approval may incur additional fees and are subject to our availability. - Communication
13.1 Communication should be conducted via email to hello@nutmegcreative.com.au to ensure clear and documented project requirements.
13.2 Phone or in-person consultations may be requested and arranged if required, by appointment only. Such consultations may incur a Consultation Fee which will be advised at the time the request is made.
13.3 Social media, including DM or chat is not a desired form of communication relating to Projects. - Safe Use of Products
14.1 Nutmeg Creative designs and supplies products for their intended purpose only. Customers are responsible for using all items safely and appropriately.
14.2 Our signage, stationery, and/or decorative items are not designed to bear weight and should not be used as furniture, structural supports, or any other unintended function.
14.3 Nutmeg Creative is not liable for any damage, injury, or loss resulting from improper use, modification, or misuse of our products.
14.4 Customers should follow any care or usage instructions provided to ensure product longevity and safe handling. - On-Site Installation & Surface Suitability
15.1 Where Nutmeg Creative provides on-site installation services (e.g., decals, chalkboard art), it is the client’s responsibility to ensure that the application surface is clean, dry, and suitable for installation. Nutmeg Creative will not be liable for issues arising from unsuitable surfaces, including but not limited to poor adhesion, surface damage, or unexpected texture variations. If the surface is deemed unsuitable upon arrival, additional fees may apply for rescheduling or adjustments. - Returns & Guarantees
16.1 Orders are non-returnable and non-refundable unless otherwise required by Australian law.
16.2 Nutmeg Creative cannot guarantee specific outcomes for design projects due to subjective preferences and external factors. While we aim for exceptional quality, feedback on the final product is considered subjective opinion.
16.3 In the event of dissatisfaction with the Order, you agree to notify us in writing within seven (7) days of delivery. We will attempt to resolve any concerns amicably. If a resolution cannot be reached, both parties agree to mediation prior to pursuing any legal remedies.
16.4 To the fullest extent permitted by law, our liability for any claim related to your Order is limited to the amount paid by you for the Order. We will not be liable for any indirect, consequential, or incidental damages, including loss of profit or goodwill. - Hire Items
17.1 The hire period covers up to 6 consecutive days, including pick-up and drop-off days (e.g., collect on Thursday, return by Tuesday). Late returns or extended hire periods will incur additional fees.
17.2 A non-refundable booking fee is required to secure your booking. The remaining balance must be paid in full before the hire period commences. Cancellations made less than seven (7) days before the hire period may result in the forfeiture of the booking fee and/or additional fees. Deposits are non-refundable.
17.3 Full payment, including any required bonds, must be made before the hire period or service begins. Failure to make timely payments may result in the cancellation of your booking.
17.4 A refundable bond will be charged at the time of hire and refunded after the items are returned in their original condition. The hirer is responsible for any damage, loss, or non-return of items during the hire period. Repair or replacement costs may be deducted from the bond or charged additionally if they exceed the bond amount. The bond refund will be processed within seven (7) business days via bank deposit into an account held by the hirer. The hirer must provide this information to ensure timely processing.
17.5 All hire items remain the property of Nutmeg Creative, PO Box 3012, Plympton Park SA 5038, at all times.
17.6 Collection is available from Plympton Park, South Australia, by prior arrangement only. Please confirm all collection times in advance to avoid inconvenience or additional fees.
17.7 Delivery & Collection services for hire items are available upon request and are limited to the Adelaide Metropolitan area. Charges vary depending on location and collection window and will be confirmed during the booking process. Deliveries do not include styling, setup, or removal of items post-event.
17.8 Nutmeg Creative designs and supplies products for their intended purpose only. Customers are responsible for using all items safely and appropriately.
17.9 Our signage, stationery, and decorative items are not designed to bear weight and should not be used as furniture, structural supports, or for any other unintended purpose.
17.10 Nutmeg Creative is not liable for any damage, injury, or loss resulting from improper use, modification, or misuse of our products.
17.11 Customers should follow any care or usage instructions provided to ensure product longevity and safe handling.
17.12 The client / hirer is responsible for ensuring all items are used safely and returned in their original condition. - Customisation of Client Supplied Items / Personalisation of Items
18.1 Nutmeg Creative offers customisation services, generally through painting or decals, and strives to create unique, personalised items that reflect your specifications.
18.2 As each customised product is created by hand, there may be slight variations from the agreed concept design or mock-up. Nutmeg Creative will make all reasonable efforts to adhere to the agreed specifications. Minor variations in appearance, size, or finish may occur due to the handmade nature of some products, and these are considered a feature, not a fault, of the item.
18.3 Where an item is being supplied by the client, the item must be ready for customisation. For example, a jacket should be in a pre-washed and ironed condition before customisation begins. Nutmeg Creative will not be responsible for preparing client-supplied items.
18.4 By providing an item for customisation, you acknowledge that it will be altered in a way that may not be reversible. Nutmeg Creative will not be responsible for any changes that cannot be undone once the customisation process is complete.
18.5 If a wearable item is sourced by Nutmeg Creative, the client must provide the required size. Item’s such as jackets, t-shirts or jumpers will be sourced from retailers such as Kmart, Target, Big W, AS Colour, or similar, based on availability, and the specific style and colour may vary at Nutmeg Creative’s discretion. Item’s will be pre-washed and ironed before lettering is applied, this should be accounted for this when specifying sizing. - Amendment of Terms & Conditions
19.1 Nutmeg Creative reserves the right to update or amend these terms and conditions at any time without prior notice. Please check fine print regular for any changes.
19.2 Continued use of our services constitutes acceptance of any updated terms.
Contact Details
For any questions regarding these terms, please contact us at;
Nutmeg Creative
hello@nutmegcreative.com.au
PO Box 3012, Plympton Park SA 5038