Terms of Service

1. Introduction

These Terms of Service govern the provision of services, products and website usage provided by Vireo Visuals (“Vireo”, “we”, “our” or “us”).

By requesting a quote, placing an order, approving artwork, engaging our services, making a payment, or using our website, you agree to these Terms of Service.

These Terms apply to all services and products provided by Vireo, including but not limited to:

• Branding;
• Logo Design;
• Graphic Design;
• Website Design;
• Website Development;
• Social Media Design;
• Video Editing;
• Signage Products;
• Print Products;
• Related Creative Services.

2. Definitions

For the purposes of these Terms:

Client means the individual, business, organisation or entity engaging Vireo.

Project means any service, design, website, product, deliverable or work commissioned from Vireo.

Deliverables means the final approved files, products, designs, websites or materials supplied to the Client.

Approval means written confirmation provided by the Client via email approving artwork, concepts, proofs, website previews or other deliverables.

Revision means a modification requested by the Client within the originally agreed scope of work.

Production means the manufacturing, printing, ordering, publishing, deployment or creation of final products following Client approval.

3. Quotes & Proposals

3.1 Quote Validity

Unless otherwise stated, all quotations issued by Vireo remain valid for fourteen (14) days from the date of issue.

After this period, pricing, production costs, supplier costs, shipping charges or project requirements may change.

3.2 Scope of Work

Quotes are prepared based on information supplied by the Client at the time of quoting.

Any changes to project requirements after acceptance may result in additional fees, revised timelines or a new quotation.

3.2A Errors & Corrections

Vireo reserves the right to correct typographical, clerical, administrative, pricing or calculation errors contained within quotations, proposals, invoices, website content or other business documents.

Where an error is identified, Vireo will notify the Client and provide the corrected information as soon as reasonably practicable.

3.3 Acceptance

A project is not considered accepted until:

• The Client accepts the quotation;
• Any required deposit has been received; and
• Vireo confirms commencement.

4. Payments

4.1 Branding, Design & Website Projects

Branding, design and website projects require:

• 50% deposit prior to commencement; and
• 50% prior to final delivery or launch.

4.2 Product Orders

All custom signage, print and manufactured products require full payment before production commences.

4.3 Outstanding Payments

Vireo reserves the right to:

• Suspend work;
• Withhold deliverables;
• Delay project completion;
• Refuse launch or deployment; and
• Cancel a project

where invoices remain unpaid.

4.4 Deposits

Deposits are non-refundable once work has commenced.

The purpose of a deposit is to reserve project time, planning, consultation, design work and production resources.

4.5 Commencement of Work

Vireo reserves the right to determine when work commences on a project following receipt of any required deposit or payment.

Estimated timelines are indicative only and may vary depending on workload, project complexity, client responsiveness and supplier timeframes.

5. Client Responsibilities

The Client is responsible for providing accurate and complete information required for the project.

This includes but is not limited to:

• Business information;
• Contact details;
• Content and copy;
• Images and photography;
• Logos;
• Brand assets;
• Product specifications;
• Measurements;
• Technical requirements.

Vireo is not responsible for delays caused by incomplete, inaccurate or late information supplied by the Client.

6. Revisions

6.1 Included Revisions

Unless otherwise stated, projects include up to three (3) revision rounds.

6.2 Additional Revisions

Additional revisions beyond those included may incur additional fees.

Additional revision costs will be assessed on a case-by-case basis.

6.3 Scope Changes

Requests that substantially alter the agreed project direction, functionality, content or objectives may be treated as a new scope of work and quoted separately.

7. Design Approval

7.1 Approval Requirement

Approval must be provided by email.

Vireo may issue approval requests through a designated approval email address.

Approval shall only be considered valid where the Client responds directly to a Vireo approval request email and clearly indicates approval of the supplied artwork, proof, website preview or deliverable.

Approval requests may contain project details, version numbers, dates, attached proofs and approval instructions for record-keeping purposes.

Vireo reserves the right to require approval to be provided through a designated approval process before production, launch or completion proceeds.

7.2 Client Review

Before approval is provided, Clients must carefully review:

• Spelling;
• Grammar;
• Phone numbers;
• Email addresses;
• URLs;
• Dimensions;
• Colours;
• Layouts;
• Product specifications;
• Content;
• Images;
• Design elements.

7.3 Effect of Approval

Written approval constitutes acceptance of the artwork, design or deliverable.

Following approval, Vireo may proceed with production, launch, development or completion.

7.4 Post-Approval Changes

Changes requested after approval may:

• Require additional fees;
• Delay timelines;
• Require reprinting or redevelopment; or
• Be declined where production has already commenced.

7.5 Approved Errors

Vireo is not responsible for errors, omissions or inaccuracies that were visible in approved artwork, approved proofs or approved website previews.

8. Branding Services

8.1 Concept Development

Branding projects may include multiple concepts.

The number of concepts provided will depend on the agreed project scope.

8.2 Selected Concepts

Following full payment, ownership of the selected and approved branding concept transfers to the Client.

8.3 Rejected Concepts

All rejected, unused or unselected concepts remain the intellectual property of Vireo.

Vireo reserves the right to reuse, adapt or develop rejected concepts for future projects.

8.4 Final Files

Upon final payment, Clients receive the final approved branding files and associated source files.

9. Website Design & Development

9.1 Client Content

Unless otherwise agreed, Clients are responsible for supplying website content including text, images and information.

9.1A Website Access

Where website work requires access to hosting accounts, domain settings, content management systems, analytics platforms or other third-party services, the Client is responsible for providing the required access credentials.

Vireo shall not be responsible for project delays resulting from unavailable, incorrect or incomplete access information.

9.2 Delays

Website timelines may be extended where the Client delays providing content, approvals or feedback.

9.3 Hosting

Hosting may be arranged by Vireo on behalf of the Client.

All hosting costs remain the responsibility of the Client.

9.4 Domain Names

Domain names should be registered in the Client’s name wherever possible.

9.5 Ownership

Upon full payment, ownership of the completed website transfers to the Client.

9.6 Website Credit

Unless otherwise agreed, Vireo may include a small website credit linking back to the Vireo website.

Clients may request removal of the website credit.

9.7 Ongoing Support

Ongoing maintenance, support, updates and modifications are not included unless separately agreed.

9.7A Third-Party Services

Vireo may utilise third-party services including hosting providers, domain registrars, software platforms, payment processors, plugins and other external tools.

Vireo is not responsible for outages, disruptions, pricing changes, service changes, security incidents or failures caused by third-party providers.

Any costs associated with third-party services remain the responsibility of the Client unless otherwise agreed.

9.8 Launch Approval

Clients must review and approve the website prior to launch.

Following launch approval, responsibility for content accuracy rests with the Client.

10. Client-Supplied Materials

Clients warrant that they have the legal right to use any content, logos, images, files or materials supplied to Vireo.

The Client accepts responsibility for any claims arising from materials they provide.

11. Measurements & Specifications

Where measurements, dimensions or specifications are supplied by the Client, the Client is responsible for their accuracy.

Vireo is not responsible for issues arising from incorrect measurements supplied by the Client.

12. Intellectual Property

Except where otherwise agreed:

• Vireo retains ownership of all draft work;
• Vireo retains ownership of rejected concepts;
• Vireo retains ownership of internal processes and methods;
• Clients receive ownership of approved final deliverables after full payment.

Ownership does not transfer until all invoices have been paid in full.

12A. File Storage & Re-Supply

Upon project completion, Clients are responsible for maintaining backups of all delivered files, source files and project assets.

Vireo may, at its discretion, retain copies of completed project files following delivery.

While Vireo may be able to assist with file recovery or re-supply requests, Vireo does not guarantee the ongoing storage, retention or availability of project files after delivery.

Vireo shall not be liable for any loss arising from deleted, unavailable, corrupted or inaccessible files following project completion.

Where files remain available, Vireo may choose to re-supply them as a courtesy.

Clients are encouraged to download and securely store all delivered files upon receipt.

12B. Modifications Following Delivery

Upon delivery and transfer of ownership, Clients may modify, edit or distribute their approved final files.

Vireo shall not be responsible for issues, errors, damages, inconsistencies or losses resulting from modifications made by the Client or any third party after final delivery.

Any requests to repair, recreate or correct modified files may incur additional fees.

13. Portfolio Rights

Unless otherwise agreed in writing, Vireo may display completed projects in:

• Portfolios;
• Social media;
• Marketing materials;
• Case studies;
• Presentations;
• Promotional content.

Clients may request confidentiality and opt out of portfolio use.

Such requests will be considered on a case-by-case basis.

14. Abandoned Projects

Projects that remain inactive due to client inactivity for thirty (30) consecutive days may be deemed inactive and archived.

Vireo may archive project files and resources.

Recommencement of an archived project may incur additional fees or require a revised quote.

15. Refusal of Service

Vireo reserves the right to refuse, decline, suspend or terminate any enquiry, project, order or service request at its sole discretion.

Vireo is under no obligation to provide services for projects, industries, products, content, organisations or activities that it does not wish to support, promote or associate with.

This includes, but is not limited to, circumstances where a Client:

• Is abusive;
• Is threatening;
• Is harassing;
• Requests unlawful content;
• Acts fraudulently;
• Engages in unreasonable conduct;
• Requests work that conflicts with Vireo’s values, principles or business practices.

Any completed work remains payable.

Any deposits paid remain subject to the payment and deposit provisions contained within these Terms.

15A. Industries & Content Restrictions

Vireo reserves the right to refuse projects relating to products, services, industries or activities that it does not wish to support or promote.

Vireo is not required to provide a reason for declining a project enquiry.

16. Chargebacks & Payment Disputes

Clients agree not to initiate payment disputes or chargebacks for products or services that have been delivered in accordance with approved quotations and approved deliverables.

Vireo reserves the right to provide supporting evidence including:

• Quotations;
• Invoices;
• Approval emails;
• Delivery confirmations;
• Project records.

Fraudulent chargebacks may be referred to the relevant financial institution, payment processor or legal authority.

17. Force Majeure

Vireo shall not be liable for delays or failures caused by events beyond reasonable control.

This includes but is not limited to:

• Natural disasters;
• Bushfires;
• Floods;
• Severe weather;
• Supplier failures;
• Power outages;
• Internet outages;
• Courier disruptions;
• Government restrictions;
• Industrial action.

Project timelines may be adjusted accordingly.

18. Limitation of Liability

To the maximum extent permitted by law, Vireo’s liability arising from any project, service or product shall be limited to the amount paid by the Client for that specific project, service or product.

Vireo shall not be liable for indirect, consequential or business-related losses including:

• Loss of profit;
• Loss of revenue;
• Loss of goodwill;
• Business interruption;
• Loss of opportunity.

Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.

19. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of New South Wales, Australia.

Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of New South Wales.

20. Changes to These Terms

Vireo reserves the right to update these Terms from time to time.

Updated versions become effective upon publication on the Vireo website.