1. Welcome to The Design Shop

Welcome to The Design Shop. We provide branding, graphic design, marketing collateral, Canva templates and other creative services and digital products to help businesses build a professional and consistent brand.

These Terms & Conditions explain the terms on which you may use our website, purchase our products and engage our design services.

By using this website, purchasing a product or engaging our services, you agree to the terms relevant to your transaction. If you do not agree, please do not proceed with a purchase or engagement.

These Terms apply alongside any individual proposal, quote, project agreement or written arrangement agreed between The Design Shop and a client. Where a signed or accepted project agreement contains specific terms that differ from these general Terms, the specific project agreement will apply to that engagement to the extent of the inconsistency.

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or other applicable legislation.

2. About The Design Shop

The Design Shop is a Melbourne-based design studio providing creative solutions for businesses, including:

– Brand identity and logo design.

– Branding kits and business starter kits.

– Graphic design and marketing collateral.

– Social media design and Canva templates.

– Digital downloads, guides and creative resources.

– Other design services and products described on our website.

Our website may be updated from time to time as our services, products and business offerings evolve.

3. Website use

You agree to use this website lawfully and respectfully.

You must not:

– Use the website for unlawful, fraudulent or misleading purposes.

– Attempt to gain unauthorised access to the website, its hosting environment or another person’s account.

– Interfere with the website’s security, operation or availability.

Introduce malicious code, automated attacks or harmful software.

– Copy, reproduce, distribute or commercially exploit website content without permission, except where permitted by law or expressly authorised by us.

We may take reasonable steps to protect the website, our customers and our business against misuse or security threats.

We aim to keep our website available and accurate, but we cannot guarantee uninterrupted access or that the website will always be free from technical errors.

4. Quotes, proposals and project bookings

Where you engage The Design Shop for design services, the scope of work, deliverables, fees, estimated timeframes and payment arrangements will be outlined in a written quote or proposal.

Quotes are valid for the period stated in the quote. If no validity period is stated, please confirm availability and pricing before accepting a quote after a reasonable period has passed.

A project booking is confirmed when the proposal or quote has been accepted in writing and any required deposit has been paid.

Our proposals describe the agreed scope of work. Requests outside that scope, including additional concepts, extra design variations, new deliverables or substantial revisions, may incur additional fees. We will communicate any additional charges and seek your approval before proceeding with the extra work.

Project timeframes are estimates unless a specific deadline has been agreed in writing. Delays in receiving content, feedback, approvals or payments may affect delivery dates.

5. Fees and payment

All prices will be stated in Australian dollars unless otherwise specified.

Where applicable, GST will be identified in the quote, invoice or checkout.

For custom design projects, payment terms will be set out in the relevant proposal or invoice. Unless otherwise agreed in writing, our standard arrangement is:

– A 50% deposit to secure the project booking.

– The remaining balance payable before final artwork and agreed deliverables are released.

Different payment arrangements may apply where expressly agreed in writing.

For website purchases and digital products, payment is required at checkout unless another arrangement is offered.

You are responsible for providing accurate billing information and ensuring payment is completed using an accepted payment method.

If a payment is overdue, we may pause work or withhold delivery of unpaid deliverables after giving appropriate notice. Any action taken will be subject to applicable law and the terms of your agreement.

6. Design process, revisions and approvals

Our design process may include discovery, creative direction, concept development, design refinement, presentation and final artwork preparation, depending on the service purchased.

The number of concepts, revision rounds and deliverables included will be specified in your proposal or product description.

Unless otherwise stated in writing, a revision round means a consolidated set of reasonable changes to the presented design, rather than a new creative direction or a complete redesign.

Additional revisions, new concepts or changes to an approved direction may incur additional fees. We will advise you of the applicable cost before undertaking the additional work.

You are responsible for reviewing proofs, artwork, spelling, contact details, pricing, legal statements and other supplied information before approving final files or publication.

Approval of final artwork confirms that you have reviewed and accepted the supplied design for its intended use, subject to any rights you retain under applicable law.

7. Client responsibilities

To help your project run smoothly, you agree to:

– Provide accurate information, copy, images and other required content.

– Ensure you have permission to use any materials you supply.

– Provide feedback and approvals within agreed timeframes.

– Review proofs and final artwork carefully.

– Inform us of any relevant technical requirements, specifications or intended uses before work begins.

If required information, feedback or approvals are delayed, we may need to adjust the project schedule.

We are not responsible for inaccuracies in client-supplied content that we were not engaged to verify. However, this does not exclude any responsibility that cannot lawfully be excluded.

8. Copyright and intellectual property

Our existing intellectual property

The Design Shop retains ownership of its pre-existing intellectual property, including original design resources, methods, working files, reusable elements, template structures, processes and materials developed independently of a particular client project.

Our website content, product descriptions, graphics, branding, guides and other materials are protected by applicable intellectual property laws.

You must not reproduce, resell, distribute or commercially exploit these materials without our written permission, except as permitted by law or by the relevant product licence.

Custom design work

Unless otherwise agreed in writing, ownership of final, approved custom artwork created specifically for a client will transfer to the client upon full payment of all amounts due for the relevant project.

This transfer applies only to the rights we own and are legally able to transfer.

Until full payment is received, the client must not use, publish, reproduce or commercially exploit unpaid final artwork without our written permission.

Unused concepts, rejected designs, preliminary artwork and draft materials remain the property of The Design Shop unless otherwise agreed in writing.

Third-party fonts, stock photography, illustrations, software assets and other licensed materials remain subject to their respective owners’ licence terms. They may not be transferable to the client, and separate licensing fees or permissions may be required.

Portfolio and promotional use

Unless otherwise agreed in writing, we may display completed work in our portfolio, website, social media, presentations and promotional materials to demonstrate our design capabilities.

If a project is confidential or subject to a launch embargo, please advise us in writing before work begins so that suitable arrangements can be agreed.

We will respect applicable privacy, confidentiality and intellectual property obligations when displaying completed work.

Trade marks

The Design Shop does not provide legal advice or guarantee that a proposed name, logo or design is available for trade mark registration.

Clients are responsible for conducting appropriate availability checks and obtaining legal advice where required. We recommend seeking professional advice before investing in trade mark registration or commercial use of a new brand.

9. Canva templates and digital products

The Design Shop may offer Canva templates, social media templates, brand resources, guides and other downloadable products.

Unless otherwise stated in the product description, digital products are supplied electronically and may require a compatible platform, software, Canva account or internet connection to access or edit.

Your licence to use digital products

When you purchase a digital product, you receive a licence to use it for the purposes and within the limits described in the relevant product listing or accompanying licence.

Unless a product listing states otherwise, the licence is for your own business use or the use of the business for which you are authorised to create content.

You must not:

– Resell, redistribute or share the original templates or digital files as standalone products.

– Give other people access to paid files except where authorised by the relevant licence.

– Repackage our templates or resources for resale, redistribution or inclusion in another template library.

– Claim our original template designs or resources as your own work.

– Use our products in a way that infringes another person’s intellectual property rights.

You may customise licensed templates for your business in accordance with the applicable licence.

If you purchase a template for a client, you must comply with the licence terms specified for that product. A separate licence may be required for multiple clients, resale or redistribution.

Canva and third-party platforms

Canva is a third-party platform and is not owned or operated by The Design Shop.

You are responsible for maintaining your own Canva account and complying with Canva’s applicable terms and conditions.

We cannot guarantee that Canva or another third-party service will remain available, retain the same features or operate without interruption.

Where a product includes a Canva template link, you are responsible for following the access instructions provided with the purchase.

Digital downloads and technical issues

Please contact us if you experience a problem accessing or downloading a purchased product. We will make reasonable efforts to help resolve access issues.

Digital products cannot be returned in the same way as physical goods. However, this does not remove any refund, replacement or other remedies available under the Australian Consumer Law where a product fails to meet a consumer guarantee.

10. Website and third-party services

Our website may contain links to third-party websites, services or platforms, including Canva, payment providers, stock image libraries and other external resources.

We do not control third-party websites and are not responsible for their content, availability, security practices or independent terms.

Where a product or service depends on a third-party platform, you are responsible for complying with the relevant platform’s terms and licence conditions.

Nothing in this section excludes liability that cannot lawfully be excluded.

11. Cancellations, refunds and changes to projects

Custom design projects

If you wish to cancel a project, please notify us in writing as soon as possible.

We will assess the work completed, costs incurred, commitments made and the terms of the agreed proposal when determining the amount payable or any refund due.

Where a deposit has been paid, it may be applied to work completed and reasonable costs incurred in accordance with the agreement and applicable law. A deposit is not automatically forfeited in every circumstance.

If we need to cancel a project, we will communicate with you and address any outstanding payments or refunds in accordance with the agreement and applicable law.

Digital products

If you purchase a digital product and change your mind, a refund is not automatically available simply because the product has been downloaded or accessed. However, any applicable statutory rights remain unaffected.

If a digital product is faulty, inaccessible or materially different from its description, please contact us so that we can assess the issue and provide any remedy required by law.

Australian Consumer Law

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law.

You may be entitled to a repair, replacement, refund, cancellation or compensation depending on the nature of the issue and the applicable legal requirements.

Nothing in these Terms limits or excludes those rights.

12. Website content and design outcomes

We take care to provide accurate product descriptions and information about our services.

Images, mock-ups, colour previews and design examples on our website are provided to illustrate the products or services. Actual results may vary depending on screen settings, printing processes, software, third-party platforms and the content supplied by the client.

Where a product is described as editable in Canva, the available editing functionality may depend on the Canva account, software features, fonts and other assets used.

We do not guarantee a particular commercial outcome, including sales, audience growth, engagement or business success, from using our design services or products.

This section does not exclude our obligations to supply products and services that comply with applicable consumer guarantees or descriptions.

13. Privacy and personal information

We may collect personal information when you contact us, submit an enquiry, purchase a product, engage our services or use our website.

Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.

Depending on the transaction, information may be processed by service providers that support our website, payments, email communications, digital delivery and other business operations.

Please refer to our Privacy Policy for further details about the information we collect, how it is used and how you can contact us about privacy matters.

14. Security and acceptable use

We take reasonable steps to maintain the security and proper operation of our website.

You must not attempt to interfere with the website, access restricted areas without authorisation, compromise another user’s account or use automated methods to disrupt our services.

We may restrict access or take other reasonable protective measures where we reasonably believe the website is being misused or exposed to a security threat.

No website or online transaction can be guaranteed to be completely secure. We will address any responsibilities arising under applicable law and will not exclude obligations that cannot legally be excluded.

15. Liability

To the extent permitted by law, The Design Shop is not responsible for losses arising from circumstances outside our reasonable control, including interruptions to third-party platforms, hosting services, software or telecommunications networks.

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee or other right that cannot lawfully be excluded or limited.

Where the law permits a limitation of liability, that limitation will apply only to the extent permitted by law and in the circumstances in which it is legally effective.

16. Changes to these Terms

We may update these Terms from time to time to reflect changes to our business, products, services, website or legal obligations.

The latest version will be published on this page with an updated revision date.

Changes to these website Terms do not automatically change the terms of an existing project agreement or retrospectively remove rights already acquired. Any changes to an existing engagement will be handled in accordance with the applicable agreement and law.

17. Governing law

These Terms are governed by the laws applicable in Victoria, Australia, subject to any mandatory laws that apply to your transaction.

Any disputes will be handled in accordance with the applicable laws and procedures.

18. Contact The Design Shop

If you have questions about these Terms, a product purchase, a design project, a digital download or a potential complaint, please contact us. 

The Design Shop

Website: https://www.thedesignshop.com.au/

Email: toni@misstonidesign.com.au

Please include your order number or project reference, where applicable, so we can assist you efficiently.