Terms & Conditions

Overview

These terms govern the provision of design, development, and consulting services by Nic Gallardo (ABN 75 346 687 004), trading as a sole trader in Perth, Western Australia. By engaging my services, you agree to these terms.

Services

I provide:

• Brand strategy and identity design
• eLearning development (Articulate Storyline, Rise)
• Web development and design
• Graphic design and visual assets

Specific deliverables and scope are detailed in individual project proposals.

Quotes and Proposals

• All quotes are valid for 30 days unless otherwise stated
• Quotes are based on the information provided at the time of quoting
• If project scope changes significantly, the quote may be revised
• A signed proposal or written confirmation (email) constitutes acceptance

Payment Terms

• All invoices are due within 14 days
• Accepted payment methods: bank transfer, card
• All prices are in Australian Dollars (AUD)
• Prices are exclusive of GST unless stated otherwise
• Late payments may incur interest at 2% per month

Project Timeline

• Estimated timelines are provided in good faith but are not guaranteed
• Delays caused by late client feedback may extend the timeline
• I'll communicate proactively if timelines need adjustment
• Rush projects may incur additional fees (discussed upfront)

Revisions and Changes

• Each project includes a specified number of revision rounds (typically 2)
• Additional revisions beyond the included rounds are charged at my standard rate
• Significant scope changes require a revised quote
• Changes requested after final approval may incur additional fees

Intellectual Property

Upon final payment:

• You receive full ownership of the final deliverables
• You may use them for any legal purpose
• Source files are included where specified in the proposal

I retain the right to:

• Display the work in my portfolio (unless confidentiality is agreed)
• Reference the work in case studies and marketing
• Use underlying tools, techniques, and non-bespoke elements in future projects

AI-Assisted Deliverables

I use AI tools as part of my creative process, including image generation, music production, and code assistance. AI is used to augment – not replace – professional creative expertise. All AI-generated content is produced under my creative direction, with substantial human input including concept development, editing, curation, and quality assurance.

What you should know:

• Under current Australian copyright law, purely AI-generated content may not qualify for copyright protection
• I do not represent that AI-generated elements are copyright-protected
• Commercial use rights are obtained from the AI platforms used
• Client confidential information is never inputted into AI platforms
• Where AI tools are used materially in your project, an AI Disclosure Addendum will be provided

My full AI Usage & Disclosure Policy is available on request. If copyright ownership is material to your project, I recommend seeking independent legal advice.

Confidentiality

I treat all client information as confidential. If you require a Non-Disclosure Agreement (NDA), please provide one before sharing sensitive information. I'm happy to sign reasonable NDAs.

Cancellation

• Either party may cancel with written notice
• Deposits are non-refundable once work has commenced
• Work completed up to cancellation will be invoiced
• If I cancel, you'll receive a refund for work not completed

Limitation of Liability

• My liability is limited to the project fee paid
• I'm not liable for indirect, consequential, or incidental damages
• I'm not responsible for third-party services (hosting, LMS platforms, etc.)
• You're responsible for backing up files I deliver

Warranty

I warrant that work will be completed with reasonable skill and care. For web projects, I provide 30 days of bug fixes after launch for issues related to my work. This doesn't cover issues caused by third-party updates, hosting problems, or client modifications.

Governing Law

These terms are governed by the laws of Western Australia. Any disputes will be resolved through the courts of Western Australia, or through mediation if mutually agreed.

Contact

Questions about these terms? Get in touch: