Design Services Terms & Conditions | Born By Subtraction

Project-Based Design Services

Terms & Conditions

These Terms and Conditions define the working relationship between Born By Subtraction and the Client.
By accepting a quote or paying the first invoice, the Client agrees to these Terms and Conditions.

1. SCOPE OF WORK
1.1 The scope of work is defined by the accepted quote, creative brief and any supporting notes. Work requested outside the agreed scope may require a revised quote and will not begin until approved by the Client.

2. TIMESHEETS AND PRODUCTION SCHEDULES
2.1 Born By Subtraction will share the timesheets of all work undertaken on this project.
2.2 Born By Subtraction will alert the Client should it become apparent that significantly more or less time will be needed to complete the work specified.
2.3 Production schedules will be established and adhered to by both Client and Born By Subtraction, provided that neither shall incur any liability, penalty, or additional cost due to delays caused by factors beyond their control. Where production schedules are not adhered to by the Client, final delivery date(s) will be adjusted accordingly.

3. PAYMENT
3.1 Payment terms are specified in each accepted quote and invoice. Unless otherwise agreed, standard invoices are payable within 7 days of issue. Larger contracts may have 14-day or 30-day payment terms where stated in writing. For fixed-fee projects, 50% of the total project fee is payable before work commences, with the remaining 50% payable before the release of final approved artwork.
3.2 Interest on overdue payments will be charged at 2.5% per month on past due balances.
3.3 The grant of any licence or copyright usage rights is strictly conditional on full payment being received.
3.4 Born By Subtraction reserves the right to suspend work, withhold materials, or delay project progress if the Client breaches the agreed payment schedule until the matter is resolved.
3.5 The Client is responsible for reasonable collection costs or legal fees actually incurred by Born By Subtraction as a result of overdue or unpaid invoices, to the extent permitted by law.
3.6 Unless otherwise specified, all final balances must be paid before the release of final approved artwork.

4. ESTIMATES / QUOTES & REVISIONS
4.1 Final fees and approved expenses will be shown on the relevant invoice. If Born By Subtraction anticipates that fees or expenses will exceed the accepted estimate by more than 10%, the Client will be notified and approval will be obtained before the additional work or expense is incurred.
4.2 Quotes are valid for 30 days from the date of issue. Client-requested changes or work outside the accepted scope may incur additional fees. Any changes to the quoted fees will be communicated to and approved by the Client before the additional work begins.
4.3 Fees for professional services do not include third-party costs, including but not limited to typeface and font licences, stock imagery, mock-up files, printing, photography, videography, sound design, animation, illustration, coding, specialist materials, production, outsourced development, shipping, handling and courier services. Any additional costs will be itemised separately and approved by the Client before purchase.
4.4 The number of included revision rounds is specified in the accepted quote. Revisions beyond those included will be charged at the standard hourly rate of $175 AUD per hour, plus GST.
4.5 Working files are not included unless expressly stated in the accepted quote. If requested, Born By Subtraction may agree to release relevant working files for a fee equal to 25% of the total project cost, subject to any third-party licensing restrictions.

5. CONFIDENTIALITY, OWNERSHIP OF MATERIAL, AND CREDITING WORK
5.1 All work undertaken by Born By Subtraction shall be confidential until such time as the material becomes available in the public domain.
5.2 Once the project has been delivered and paid for in full, Born By Subtraction grants the Client the right to reproduce and use the final approved artwork for the purposes and applications described in the accepted quote. These rights do not extend to unused concepts, working files, third-party materials or uses outside the agreed project scope unless otherwise agreed in writing.
5.3 Born By Subtraction retains copyright and ownership of all concepts, working files, design systems and artwork except for the usage rights expressly granted to the Client under clause 5.2. Any transfer of full copyright or ownership rights must be agreed separately in writing and may be subject to an additional fee. Third-party materials remain subject to the licence terms of their respective owners.
5.4 Once the work has been publicly launched or published by the Client, Born By Subtraction may photograph, share or publish work created for the Client in its portfolio, marketing materials and promotional channels. Work may be shared before public launch only with the Client’s written approval.
5.5 Proper Credit Clause: Unless the project has been agreed in writing as white-label work, the Client must provide clear and accurate credit to Born By Subtraction when sharing or promoting work designed by the studio. The Client must not represent, or permit anyone publishing on its behalf to represent, Born By Subtraction’s work as having been created solely by another party. The Client must also use reasonable efforts to ensure that co-creators, contractors, collaborators and project partners provide appropriate credit. This includes, but is not limited to, website credits, social media tags and acknowledgement in print or digital publications where the work is featured. If credit is omitted, inaccurate or misleading, Born By Subtraction may request that it be corrected, and the Client must take reasonable steps to address the request promptly.
5.6 Born By Subtraction will retain project files for 12 months following final delivery. After this period, files may be permanently deleted without notice.

6. RUSH FEES & WHITE LABEL WORK
6.1 Rush Fees: Any project requiring an expedited timeline outside of standard scheduling may incur a rush fee, determined based on project complexity, turnaround time, and current workload. This fee will be communicated and agreed upon before work begins.
6.2 White-label projects where Born By Subtraction provides design services under another brand’s name will be charged at a minimum 30% premium above the standard hourly rate.

7. CANCELLATIONS, ERRORS, AND OMISSIONS
7.1 If the Client cancels or indefinitely postpones a project, the Client must pay for all work completed up to the date of cancellation, together with any approved third-party costs or non-refundable commitments already incurred. Where Born By Subtraction has reserved studio capacity for the project, a cancellation fee equal to 30% of the remaining project value may also apply. This fee will be reduced to account for any costs avoided or reserved capacity successfully reallocated to other paid work. The total cancellation amount will not exceed the unpaid balance of the accepted project fee. The cancellation fee will not apply if the Client terminates because Born By Subtraction has materially breached the agreement and has not remedied the breach within 14 days of receiving written notice.
7.2 If a project remains inactive for 30 days because the Client has not provided required content, feedback or approval, Born By Subtraction may close the project after providing written notice. Any work completed and approved expenses incurred up to that date will remain payable. Restarting the project may require a revised quote and production schedule.
7.3 It is the Client’s responsibility to check proofs carefully for accuracy. Born By Subtraction is not liable for errors or omissions once the Client approves artwork.

8. FORCE MAJEURE
8.1 Born By Subtraction shall not be held liable for delays or failures to perform obligations due to unforeseen circumstances beyond our control, including but not limited to natural disasters, illness, or technical failures.

9. OUT OF OFFICE HOURS
9.1 Good design takes time. Please allow sufficient lead time wherever possible.
9.2 Work requested outside standard business hours, including evenings and weekends, may be charged at double the standard hourly rate. Any additional charge will be communicated and approved before the work begins.

10. ACCEPTANCE OF TERMS
10.1 Written acceptance of any estimate/quote or payment of the first issued invoice indicates that you have read, accepted, and agree to comply with these Terms and Conditions.
10.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided under the Australian Consumer Law or any other applicable law that cannot legally be excluded, restricted or modified.

Design Subscriptions

Terms & Conditions

1. SCOPE OF WORK
1.1 The Client’s monthly allocation of subscription hours is specified in the accepted proposal or agreement. Work will be prioritised collaboratively within the available allocation. If requested work exceeds the available hours, Born By Subtraction will notify the Client before undertaking additional work.

2. TIME TRACKING & PRODUCTION SCHEDULES
2.1 Born By Subtraction will provide timesheets detailing the work completed within the subscription period.
2.2 If requested work is expected to exceed the Client’s available subscription hours, Born By Subtraction will notify the Client so priorities, timing or additional fees can be agreed before the work proceeds.
2.3 Both parties agree to adhere to production schedules. However, neither party shall be held liable for delays caused by circumstances beyond their control. If the Client delays in providing necessary feedback or approvals, delivery timelines will be adjusted accordingly.

3. PAYMENT
3.1 Subscription fees must be paid in full at the beginning of each month, in advance. Work will be paused if payment is overdue until the outstanding amount is settled.
3.2 Interest of 2.5% per month will be applied to overdue balances.
3.3 Usage rights for completed work are granted only after the relevant subscription invoices have been paid in full.
3.4 The Client is responsible for reasonable collection costs or legal fees actually incurred by Born By Subtraction as a result of overdue or unpaid invoices, to the extent permitted by law.

4. ADDITIONAL COSTS & ESTIMATES
4.1 If the allocated hours are exceeded, additional work will be billed at the contract’s hourly rate. Born By Subtraction will seek Client approval before commencing extra work.
4.2 Subscription fees and allocated hours are non-refundable, except where otherwise agreed in writing or required by law.
4.3 Subscription fees do not include third-party costs, including but not limited to typeface and font licences, stock imagery, mock-up files, printing, photography, videography, sound design, animation, illustration, coding, specialist materials, production, outsourced development, shipping, handling and courier services. Additional costs will be itemised separately and approved by the Client before purchase.
4.4 Working files created as part of an active subscription are included and will be provided to the Client upon request, subject to any third-party licensing restrictions. Requests made after the subscription has ended may incur a working-file preparation and release fee, which will be quoted and approved before the files are supplied.

5. CONFIDENTIALITY, OWNERSHIP & CREDIT
5.1 All work produced by Born By Subtraction remains confidential until publicly launched or published by the Client.
5.2 Once the relevant subscription invoices have been paid in full, Born By Subtraction grants the Client the right to reproduce and use the final approved artwork for the agreed purposes and applications. These rights do not extend to unused concepts, third-party materials or uses outside the agreed scope unless otherwise agreed in writing.
5.3 Born By Subtraction retains copyright and ownership of all concepts, design systems and artwork except for the usage rights expressly granted to the Client under clause 5.2. Working files are included as set out in clause 4.4. Any transfer of full copyright or ownership rights must be agreed separately in writing and may be subject to an additional fee. Third-party materials remain subject to the licence terms of their respective owners.
5.4 Once work has been publicly launched or published, Born By Subtraction may share, photograph or publish it in its portfolio, marketing materials, social media and promotional channels. If the Client does not want the work showcased, they must notify Born By Subtraction in writing before the work is publicly released.
5.5 Proper Credit Clause: Unless the project has been agreed in writing as white-label work, the Client must provide clear and accurate credit to Born By Subtraction when sharing or promoting work designed by the studio. The Client must not represent, or permit anyone publishing on its behalf to represent, Born By Subtraction’s work as having been created solely by another party. The Client must also use reasonable efforts to ensure that co-creators, contractors, collaborators and project partners provide appropriate credit. This includes, but is not limited to, website credits, social media tags and acknowledgement in print or digital publications where the work is featured. If credit is omitted, inaccurate or misleading, Born By Subtraction may request that it be corrected, and the Client must take reasonable steps to address the request promptly.
5.6 Born By Subtraction will store project files for 12 months from the date of project delivery. After this period, files may be deleted without notice.

6. TERM, CANCELLATION, UNUSED HOURS & LIABILITY
6.1 Each subscription is a fixed 12-month commitment from the commencement date specified in the Client’s accepted proposal or agreement, unless otherwise agreed in writing. Monthly invoicing is a payment arrangement and does not change the 12-month minimum term.
6.2 Clients must provide 30 days’ written notice to cancel or not renew a subscription. If the Client terminates the subscription before the end of the minimum term, the remaining subscription fees will become payable. If Born By Subtraction replaces some or all of the reserved studio capacity during the remaining term, the amount payable by the Client will be reduced accordingly. Cancellation requests must be sent to accounts@bornbysubtraction.com.
6.3 The Client may terminate without an early termination charge if Born By Subtraction materially breaches the agreement and does not remedy the breach within 14 days of receiving written notice.
6.4 Unused design hours do not roll over and must be used within the applicable monthly subscription period. Any unused hours will expire at the end of that period.
6.5 Born By Subtraction will take reasonable precautions to protect Client assets but is not liable for loss, destruction or unauthorised use by third parties unless caused by Born By Subtraction’s negligence.
6.6 The Client is responsible for carefully reviewing and approving all proofs. Born By Subtraction is not liable for errors or omissions after the Client has provided final approval, except to the extent that liability cannot be excluded by law.
6.7 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided under the Australian Consumer Law or any other applicable law that cannot legally be excluded, restricted or modified.
6.8 After the initial 12-month term, the subscription will continue on a month-to-month basis unless either party provides 30 days’ written notice to end the subscription.

7. FORCE MAJEURE
7.1 Born By Subtraction is not liable for delays or failures in performance due to circumstances beyond our control, including (but not limited to) natural disasters, illness, system failures, or supply chain disruptions.

8. OUT-OF-HOURS WORK & RUSH FEES
8.1 Good design takes time. Please allow sufficient lead time for projects.
8.2 Born By Subtraction operates within standard business hours and prioritises work-life balance. Work requested outside standard business hours, including evenings and weekends, may be charged at double the standard hourly rate.
8.3 Projects requiring an accelerated turnaround may incur an additional rush fee based on the project scope, timing and current studio capacity. Any rush fee will be communicated and approved before the work begins.

9. ACCEPTANCE OF TERMS
9.1 Payment of the first month of any subscription package signifies that the Client has read, understood, and agrees to these Terms & Conditions.
9.2 Services will commence only after the first subscription payment is received and confirmed by Born By Subtraction.

For any questions, please contact us at accounts@bornbysubtraction.com

Creative Studio Partnerships

Terms & Conditions

These Terms and Conditions define the working relationship between Born By Subtraction and the Client.
By accepting a Creative Studio Partnership proposal or paying the first invoice, the Client agrees to these Terms and Conditions.

1. SCOPE OF PARTNERSHIP
1.1 A Creative Studio Partnership is a fixed 12-month engagement that reserves dedicated Born By Subtraction studio capacity for the Client. It provides ongoing access to creative direction, considered design and strategic support across the areas agreed in the accepted proposal.
1.2 The Client may submit design requests throughout the month. Work will be prioritised and scheduled within the reserved studio capacity, taking into account project complexity, agreed priorities and production timelines.
1.3 At the beginning of each month, Born By Subtraction and the Client will align on priorities and plan the work ahead. Priorities may evolve throughout the partnership by mutual agreement.

2. STUDIO CAPACITY & PRODUCTION SCHEDULES
2.1 Dedicated studio capacity is reserved for the Client each month. Work will be prioritised and managed collaboratively within that capacity.
2.2 Priority studio access enables responsive scheduling and efficient turnaround. Project timelines will be agreed according to scope, complexity, required approvals and studio availability.
2.3 The Client must provide required content, information, feedback and approvals within agreed timeframes. Client delays may affect production schedules and delivery dates.
2.4 Regular check-ins will be scheduled to review priorities, upcoming projects and creative direction.

3. PAYMENT
3.1 The monthly partnership fee is specified in the accepted proposal and must be paid in full at the beginning of each month, in advance.
3.2 The partnership is a fixed 12-month commitment. Monthly invoicing is a payment arrangement and does not change the 12-month minimum term.
3.3 Work may be paused and deliverables withheld if payment is overdue. Reserved studio capacity affected by an overdue payment will not be transferred to a future month.
3.4 Interest of 2.5% per month may be applied to overdue balances.
3.5 Usage rights for completed work are granted only after the relevant partnership invoices have been paid in full.
3.6 The Client is responsible for reasonable collection costs or legal fees actually incurred by Born By Subtraction as a result of overdue or unpaid invoices, to the extent permitted by law.

4. ADDITIONAL WORK, COSTS & UNUSED CAPACITY
4.1 Reserved studio capacity must be used within the applicable monthly partnership period. Unused capacity does not roll over and cannot be transferred, exchanged for credit or refunded, except where otherwise agreed in writing or required by law.
4.2 Meetings, creative direction, consultation, communication, project management, file preparation and production form part of the reserved studio capacity.
4.3 Larger projects or work outside the reserved capacity may require an extended timeframe or separate quote. Additional work may be charged at the standard hourly rate of $175 AUD per hour, plus GST, or quoted separately. Born By Subtraction will obtain Client approval before proceeding.
4.4 Partnership fees do not include third-party costs, including but not limited to typeface and font licences, stock imagery, mock-up files, printing, photography, videography, sound design, animation, illustration, coding, specialist materials, production, outsourced development, shipping, handling and courier services. Additional costs will be itemised separately and approved by the Client before purchase.
4.5 Working files created as part of an active Creative Studio Partnership are included and will be provided to the Client upon request, subject to any third-party licensing restrictions. Requests made after the partnership has ended may incur a working-file preparation and release fee, which will be quoted and approved before the files are supplied.

5. CONFIDENTIALITY, OWNERSHIP & CREDIT
5.1 All work produced by Born By Subtraction will remain confidential until publicly launched or published by the Client.
5.2 Once the relevant partnership invoices have been paid in full, Born By Subtraction grants the Client the right to reproduce and use the final approved artwork for the agreed purposes and applications. These rights do not extend to unused concepts, third-party materials or uses outside the agreed scope unless otherwise agreed in writing.
5.3 Born By Subtraction retains copyright and ownership of all concepts, design systems and artwork except for the usage rights expressly granted to the Client under clause 5.2. Working files are included as set out in clause 4.5. Any transfer of full copyright or ownership rights must be agreed separately in writing and may be subject to an additional fee. Third-party materials remain subject to the licence terms of their respective owners.
5.4 Once work has been publicly launched or published, Born By Subtraction may share, photograph or publish it in its portfolio, marketing materials, social media and promotional channels. If the Client does not want the work showcased, they must notify Born By Subtraction in writing before the work is publicly released.
5.5 Proper Credit Clause: Unless the project has been agreed in writing as white-label work, the Client must provide clear and accurate credit to Born By Subtraction when sharing or promoting work designed by the studio. The Client must not represent, or permit anyone publishing on its behalf to represent, Born By Subtraction’s work as having been created solely by another party. The Client must also use reasonable efforts to ensure that co-creators, contractors, collaborators and project partners provide appropriate credit. This includes, but is not limited to, website credits, social media tags and acknowledgement in print or digital publications where the work is featured. If credit is omitted, inaccurate or misleading, Born By Subtraction may request that it be corrected, and the Client must take reasonable steps to address the request promptly.
5.6 Born By Subtraction will retain partnership files for 12 months following the end of the partnership. After this period, files may be permanently deleted without notice.

6. TERM, CANCELLATION & LIABILITY
6.1 Each Creative Studio Partnership has a fixed minimum term of 12 months from the commencement date specified in the accepted proposal, unless otherwise agreed in writing.
6.2 Clients must provide 30 days’ written notice to cancel or not renew a partnership. If the Client terminates before the end of the minimum term, the remaining partnership fees will become payable. If Born By Subtraction replaces some or all of the reserved studio capacity during the remaining term, the amount payable by the Client will be reduced accordingly. Cancellation requests must be sent to accounts@bornbysubtraction.com.
6.3 The Client may terminate without an early termination charge if Born By Subtraction materially breaches the agreement and does not remedy the breach within 14 days of receiving written notice.
6.4 Born By Subtraction may terminate the partnership during the minimum term if the Client materially breaches the agreement, including through ongoing non-payment, and does not remedy the breach within 14 days of receiving written notice. Any prepaid fees relating to services not supplied after termination will be refunded, less any outstanding amounts owed by the Client.
6.5 After the initial 12-month term, the partnership will continue on a month-to-month basis unless either party provides 30 days’ written notice to end the partnership.
6.6 Born By Subtraction will take reasonable precautions to protect Client assets but is not liable for loss, destruction or unauthorised use by third parties unless caused by Born By Subtraction’s negligence.
6.7 The Client is responsible for carefully reviewing and approving all proofs. Born By Subtraction is not liable for errors or omissions after the Client has provided final approval, except to the extent that liability cannot be excluded by law.

7. FORCE MAJEURE
7.1 Born By Subtraction is not liable for delays or failures in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, illness, system failures or supply-chain disruptions.
7.2 If circumstances beyond Born By Subtraction’s control materially affect the reserved studio capacity, Born By Subtraction and the Client will work together to reschedule the affected work or agree on another reasonable solution.

8. OUT-OF-HOURS WORK & RUSH FEES
8.1 Good design takes time. Please allow sufficient lead time for projects.
8.2 Born By Subtraction operates within standard business hours and prioritises work-life balance. Work requested outside standard business hours, including evenings and weekends, may be charged at double the standard hourly rate.
8.3 Projects requiring an accelerated turnaround may incur an additional rush fee based on project scope, timing and current studio capacity. Any rush fee will be communicated and approved before the work begins.

9. ACCEPTANCE OF TERMS
9.1 Acceptance of the Creative Studio Partnership proposal or payment of the first partnership invoice confirms that the Client has read, understood and agreed to these Terms and Conditions.
9.2 The partnership will commence only after the first monthly payment has been received and confirmed by Born By Subtraction.
9.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided under the Australian Consumer Law or any other applicable law that cannot legally be excluded, restricted or modified.

For any questions, please contact us at accounts@bornbysubtraction.com.