Terms And Conditions Of Service And Purchases
1. Introduction
Welcome to Portal 21. By engaging our graphic design services and product purchases, you agree to the following terms and conditions. Please read them carefully.
2. Services Provided
We offer graphic design services including but not limited to [ logo design, branding, marketing materials, web design, royalties etc.]. Specific project details will be outlined in the contract for each project.
3. Project Scope
The scope of each project will be defined in the project brief or contract. Any additional work beyond the scope of the initial agreement will be subject to additional charges.
4. Fees and Payment
- Fees: The fees for our services will be outlined in the project proposal or contract.
- Payment Terms: A deposit of [X% defined in contract] is required before work begins. The remaining balance is due upon project completion.
- Late Fees: Payments not received within [X defined in contract] days of the due date will incur a late fee of [X% defined in contract] per [week/month].
5. Revisions
- Number of Revisions: Our standard includes [X contract defined] rounds of revisions. Additional revisions will be billed at [X contract defined] per hour or as specified in the contract.
- Revision Requests: All revision requests must be submitted in writing.
6. Intellectual Property
- Ownership: Upon full payment, the client will own the final design files. We retain the right to use the work for portfolio purposes, unless otherwise agreed.
- Usage Rights: The client is granted a license to use the design for the purposes outlined in the contract. Any additional usage beyond the scope of the contract may require additional licensing fees.
7. Confidentiality
We agree to keep all client information confidential and will not disclose any project details or materials to third parties without your consent, unless otherwise it is defined and required by law.
8. Termination
Either party may terminate the contract with [X defined in contract] days’ written notice. In the event of termination, the client will be responsible for payment for all work completed up to the date of termination.
9. Liability
Our liability for any claims arising out of the services provided is limited to the amount paid by the client for those services. We are not liable for any indirect or consequential damages.
10. Governing Law
These terms and conditions are governed by the laws of [clients country/designers country of registration]. Any disputes arising from these terms will be resolved in the courts of Australia or else if required.
11. Amendments
We reserve the right to amend these terms and conditions at any time. Any changes will be communicated to clients and will apply to all new and ongoing projects.
11. Note regarding the SHOP : Purchase prices outlined in the shop are indicative. Final value depends on the scope of project defined in the proposal. After purchase, client will receive log in details via email to be able to access Client Portal and share and upload relevant information required for drafting of a proposal. If proposal is not accepted, 5% of the paid value will be kept to cover minimum of our time and resources. Thanks for understanding.
Royalties
Terms and Conditions for Art Purchased on Portal 21 Website or other platforms displayed except otherwise agreed.
Effective Date: 1/1/2023
Applies to:
All digital and physical artwork purchased through the Portal 21 website.
These Royalty Terms and Conditions (the “Agreement”) apply to any art purchased on the Portal 21 website or posted on other web sites under Portal 21 brand. By purchasing art from the Portal 21 , you (“Buyer”) agree to the following terms and conditions set by Portal 21 (“Seller”).
1. Ownership of Art
1.1. Intellectual Property:
All artwork sold through Portal 21 remains the intellectual property of the original artist (“Creator”), unless explicitly transferred in writing. The Buyer is purchasing the physical or digital manifestation of the artwork, but not the intellectual property rights to the art itself.
1.2. Limited License:
Upon purchasing the artwork, Portal 21 grants the Buyer a limited, non-exclusive, non-transferable right to display the artwork for personal or commercial use (subject to agreed terms below), while the Creator retains all intellectual property rights.
2. Royalty Terms
2.1. Royalty on Resale:
If the Buyer resells the purchased artwork, either digitally or physically, the Buyer agrees to pay the Creator a royalty fee based on the resale price, percentage outlined in contract, if not defined, payment arrangement will apply as outlined below, unless parties reach mutual agreement that is different:
a) Digital Artwork: 10% of the resale price.
b) Physical Artwork: 5% of the resale price.
2.2. Royalty Cap: Royalties are payable on all resales, with no cap on the number of resales or total royalty amount, unless otherwise agreed in writting.
2.3. Royalty-Free Exceptions:
No royalty is due if the artwork is gifted or transferred without monetary exchange. However, if the art is later sold by the recipient of the gift, the resale royalty will apply.
3. Payment of Royalties
3.1. Notification: The Buyer must notify Portal 21 in writing (via email) within 30 days of the resale of any artwork. The notification must include the resale price and details of the new purchaser.
3.2. Royalty Payment Due Date: All royalty payments must be made to Portal 21 within 30 days of the resale date. Portal 21 will distribute the royalty to the Creator.
3.3. Payment Method: Payments must be made via [PayPal, credit card, or bank transfer] to the account details provided by Portal 21 or through payment methods offered on Portal21 web site.
4. Commercial Use
4.1. Non-Commercial Display: The Buyer may display the artwork in private or public settings (such as homes, offices, or galleries) for non-commercial purposes without incurring royalties.
4.2. Commercial Use: If the Buyer uses the artwork in any commercial context (such as advertising, marketing, merchandise, or product packaging), additional royalties or licensing fees may apply, to be negotiated directly with Portal 21 and the Creator.
4.3. Third-Party Commercial Use: If the artwork is licensed or used commercially by a third party, the Buyer must notify Portal 21 and arrange for appropriate compensation or royalties to the Creator.
5. Transfer of License
5.1. Transfer Rights: The Buyer may transfer the rights to display the artwork to a third party (e.g., through resale). However, all terms of this Agreement, including royalty payments, remain binding on subsequent purchasers.
5.2. Future Resales: Upon resale, the new purchaser must be informed of these royalty terms, which shall be binding on future sales of the artwork.
6. Dispute Resolution
6.1. Dispute Handling: Any disputes arising from this Agreement will be handled through arbitration or small claims court in [jurisdiction], as mutually agreed upon by Portal 21 and the Buyer.
6.2. Legal Fees: Each party will bear their own legal fees, except in cases where one party is found to have violated the terms of this Agreement intentionally.
7. Amendments to Terms
Portal 21 reserves the right to amend these terms at any time. The amended terms will only apply to artworks purchased after the date of the amendment. Buyers of artworks prior to such amendments will continue to be bound by the terms that were in effect at the time of their purchase.
8. Termination of Agreement
This Agreement may be terminated by mutual written consent of the Buyer and Portal 21. However, any royalties due before termination will remain payable under this Agreement.
9. Miscellaneous
9.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Australia and International Law.
9.2. Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
9.3. Entire Agreement:
This Agreement constitutes the entire understanding between the Buyer and Portal 21 concerning royalties and art resales and supersedes all prior agreements.
By purchasing artwork from the Portal 21 website, the Buyer acknowledges and agrees to these Royalty Terms and Conditions.
Summary Of Australian Key Laws
That Apply Concerning Our Service And T&C Outlined Above:
1. Copyright Act 1968 (Cth): Governs intellectual property protection for design works.
2. Designs Act 2003 (Cth): Protects functional and new designs when registered.
3. Trade Marks Act 1995 (Cth): Protects logos and brand identifiers used in trade.
4. Competition and Consumer Act 2010 (Cth): Governs contract terms and fair trading practices.
5. Privacy Act 1988 (Cth): Relevant for web designers handling user data.
6. Income Tax Assessment Act 1997 (Cth): Regulates taxation of royalties and freelance income.
These laws work together to ensure that both graphic and web designers in Australia are fairly compensated and their rights are protected.
In Australia, several key laws and regulations govern graphic design, web design, and royalties. Below is a breakdown of the most relevant laws:
1. Intellectual Property Laws
Copyright Law
– Copyright Act 1968 (Cth): This is the main law that governs copyright protection in Australia. Under this act, graphic designs and web design elements (such as original artwork, logos, and custom web layouts) are protected as original artistic works. Copyright automatically applies upon creation, without the need for registration.
Key Points:
– The creator (e.g., the graphic designer) typically owns the copyright unless there is an agreement that transfers ownership to the client or employer.
– Copyright grants exclusive rights to reproduce, publish, and communicate the work to the public.
– Copyright lasts for the creator’s life plus 70 years.
Moral Rights: Under Australian law, creators have moral rights in relation to their work, including the right to be attributed, the right not to have their work falsely attributed, and the right of integrity (i.e., to prevent derogatory treatment of their work).
Designs Act 2003 (Cth)
– If a graphic design (such as logos or product packaging) is both functional and new, designers can apply for protection under the Designs Act. This grants a more specific form of protection than copyright and must be registered with IP Australia.
Trade Marks Act 1995 (Cth)
– Designers may also need to understand trademark laws. If a design or logo is used to identify the goods or services of a business, it may need to be registered as a trademark to protect against infringement.
2. Contract Law
Contracts play a key role in graphic and web design projects. Agreements between designers and clients typically cover the scope of work, ownership of intellectual property, and payment terms, including royalties.
– Australian Consumer Law (ACL): Part of the Competition and Consumer Act 2010 (Cth), the ACL sets rules for fair trading and contractual agreements. Contracts for graphic or web design services are subject to these laws, particularly in regard to fair terms, the definition of goods and services, and consumer guarantees.
Key Points:
– All contracts must be clear about the ownership of the artwork, whether the creator retains copyright or transfers it to the client.
– If royalties are part of the agreement (e.g., ongoing payments for the use of a logo or design), this must be clearly outlined in the contract.
– Unfair contract terms may be struck down under the ACL.
3. Royalty Laws
Royalty payments in Australia are governed primarily through contract law. A clear agreement must be in place between the parties to set out the terms of how and when royalties will be paid.
Royalty Agreements
– Royalties are typically outlined in a licensing agreement, where the designer grants permission to use their work in exchange for ongoing payments. These agreements must specify:
– The percentage of sales or revenue that constitutes the royalty.
– The duration of the royalty period.
– Reporting requirements, such as the frequency of payment and any auditing rights to verify the revenue generated.
– Income Tax Assessment Act 1997 (Cth): Royalties earned by designers are considered income and must be reported for taxation purposes. Designers must also comply with Australia’s tax laws, such as the Goods and Services Tax (GST) where applicable.
4. Digital and Web Design Laws
Australian Copyright and Digital Design
For web design, the Copyright Act 1968 also applies. Custom code, graphics, and layout designs are automatically protected under copyright as original works. Web developers and designers must ensure they comply with copyright when using or embedding third-party content such as images, fonts, and software.
Privacy and Data Protection
When designing websites, web designers must ensure compliance with:
– Privacy Act 1988 (Cth): This act governs the handling of personal information, particularly for websites that collect user data. Websites must have a clear privacy policy and ensure proper data protection measures are in place, particularly under the Australian Privacy Principles (APPs).
5. Freelancers and Employment Law
Freelance graphic and web designers are subject to Australia’s tax laws and employment laws, which affect how they invoice clients, report income, and contribute to superannuation. Important laws include:
– Fair Work Act 2009 (Cth): If a designer is hired as an employee rather than a freelancer, the terms of employment are governed by the Fair Work Act, which sets out minimum conditions, including payment, hours of work, and leave entitlements.
– Australian Taxation Office (ATO): Designers must comply with tax obligations, including income tax and GST if their annual income exceeds the threshold ($75,000 for GST registration). If designers earn royalties, these must also be declared as income.
6. Dispute Resolution
In case of disputes over payments, copyright ownership, or royalties, the following laws and bodies may be involved:
– Copyright Tribunal of Australia: Handles disputes over copyright licensing and royalty rates.
– Australian Consumer Law: Provides protection for designers against unfair contract terms or disputes over the delivery of services.
Privacy policy
At Portal 21, we are committed to protecting your privacy and ensuring the security of any personal information you provide to us. This Privacy Policy outlines how we collect, use, store, and disclose your personal information in compliance with Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
By using our website (https://portal21.au) and services, you agree to the collection and use of your personal information as described in this policy.
1. Information We Collect
We collect personal information to provide you with the best possible experience when you interact with us. The types of information we may collect include:
1.1 Personal Information
– Name
– Email address
– Phone number
– Business or organization name
– Billing and payment details
1.2 Non-Personal Information
– Browser and device information: We collect information about your device, browser type, and version, operating system, and referring website through cookies and analytics tools.
– Usage Data: This includes how you interact with our website, such as pages visited, time spent on the site, and other engagement metrics.
2. How We Use Your Information
We use the personal information you provide us for the following purposes:
– To Provide Services: To manage and deliver graphic and web design services, process payments, and communicate with you regarding your projects.
– Customer Support: To respond to inquiries, provide support, and resolve any issues related to our services.
– Marketing Communications: To send you updates, newsletters, or promotional materials, if you have opted-in to receive them.
– Improving Our Services: To analyze website traffic and user behavior to improve the quality and functionality of our services.
We will not use your personal information for any other purpose without your consent unless required by law.
3. How We Store and Protect Your Information
We take the security of your personal information seriously and implement reasonable measures to protect it from unauthorized access, disclosure, or misuse. These measures include:
– Encryption: Data is encrypted during transmission and at rest where applicable.
– Access Controls: Only authorised personnel have access to personal information.
– Regular Security Audits: We regularly review and update our security practices to safeguard your data.
However, no method of data transmission over the internet is 100% secure, and we cannot guarantee absolute security.
4. Sharing Your Information
We do not sell or rent your personal information to third parties. However, we may share your information in the following circumstances:
– Service Providers: We may share personal information with third-party service providers who assist us in providing our services (e.g., payment processors, web hosting services, etc.). These third parties are required to maintain the confidentiality of your information.
– Legal Obligations: If required by law, we may disclose your personal information to comply with legal proceedings, court orders, or governmental regulations.
– Business Transfers: In the event of a merger, acquisition, or sale of our business, your information may be transferred as part of that transaction. We will notify you of such an event and provide you with options regarding your information.
5. Cookies And Tracking Technologies
Our website uses cookies and similar technologies to improve your experience and gather information on how users interact with our site. Cookies are small files stored on your device that help us:
– Enhance User Experience: Remember your preferences and settings for future visits.
– Analyze Website Traffic: Track user behavior for improving our website and services.
You can choose to disable cookies through your browser settings, but this may affect your ability to use certain features of our website.
6. Your Rights And Choices
You have the following rights regarding your personal information:
– Access: You may request access to the personal information we hold about you.
– Correction: You can ask us to correct any inaccuracies in your personal information.
– Deletion: You may request that we delete your personal information, subject to any legal or contractual obligations we may have to retain it.
– Opt-Out: You can opt-out of marketing communications at any time by clicking the “unsubscribe” link in our emails or contacting us directly.
To exercise these rights, please contact us graphic_art@portal21.au or use contact page on our website (portal21.au).
7. Third-Party Links
Our website may contain links to third-party websites or services. This Privacy Policy does not apply to those external sites, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of any third-party sites you visit.
8. Changes To This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. Any updates will be posted on this page, and the effective date will be updated accordingly. We encourage you to review this policy periodically to stay informed of any changes.
Portal 21 is committed to protecting your privacy and ensuring that your personal information is handled responsibly and securely. Thank you for trusting us with your data.
Please contact if any concerns
For any questions or concerns about these Terms and Conditions, please reach out to our team at Portal 21.