Terms of Service
Effective Date: 01·05·2025
Legal Business Name: Heaps Nice Co.
ABN: 32557550595
Website: www.heapsnice.com
1. Overview
These Terms of Service (“Terms”) outline the rules for using www.heapsnice.com (the “Site”) and engaging with any services provided by Heaps Nice Co. (“we,” “us,” “our”). By accessing this Site or booking any service, you agree to be legally bound by these Terms and our Privacy Policy.
2. Services
Heaps Nice Co. provides brand strategy, visual identity design, and web design services. Full details of deliverables, scope, timelines, and revision rounds are specified in individual client contracts. Any requests outside the agreed scope (aka “scope creep”) may incur additional fees and timeline extensions.
3. Project Scope & Deliverables
Each project is custom-scoped and documented in an individual service agreement. Deliverables may include strategy, creative direction, logo suite, visual identity assets, brand guidelines, launch graphics, and support via a client portal.
Any additional work outside the original agreement requires a written quote and approval and will be billed at AUD $220/hr.
4. Payment Terms
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A non-refundable deposit is required to begin work.
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Final deliverables are only released once full payment is received.
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Late payments will incur a 1.5% per day late fee, calculated as simple interest.
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Payments are accepted via Stripe unless agreed otherwise.
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Missed or delayed payments may result in suspension of services and/or legal recovery including collection and legal fees.
5. Revisions
All packages include two (2) rounds of revisions per deliverable. A “revision round” means a consolidated list of changes. Additional rounds will be billed at the standard hourly rate unless otherwise stated.
6. Client Responsibilities
Clients agree to:
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Complete onboarding tasks and submit required materials (e.g. copy, images, logins).
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Attend all scheduled meetings.
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Provide feedback within 3 business days.
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Communicate respectfully and collaboratively.
Failure to meet the above may result in project delays, additional fees, or rescheduling.
7. Timeline & Rescheduling
Timelines are mutually agreed and depend on timely client feedback. Delays of more than 7 business days may result in:
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A $500 AUD rescheduling fee
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Project pause or termination
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Revised timelines based on availability
8. Copyright & Usage Rights
Upon final payment:
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You receive full commercial rights to use final approved deliverables.
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We retain the right to showcase work in our portfolio, website, and marketing.
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Unused concepts and drafts remain our property.
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Source/editable files (e.g., AI, PSD, Figma) are not included unless purchased separately (20% surcharge).
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You are responsible for registering any trademarks.
9. Cancellation & Termination
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Either party may cancel with 10 business days’ written notice.
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If you cancel after work has started, the deposit is non-refundable, and additional completed work will be invoiced.
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If you ghost us (no communication for 10+ business days), we may terminate the project and retain all payments made.
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A $500 AUD reactivation fee applies if a paused project is resumed after 30 days.
10. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information shared during the project. This includes brand strategy, business plans, financials, and any materials not publicly available.
11. File Delivery & Storage
Final files are delivered via Dropbox or your client portal. We store files for 6 months after project completion. After that, retrieval is not guaranteed.
12. Third-Party Licensing
You are responsible for purchasing and maintaining licenses for any third-party assets (e.g., fonts, stock imagery) unless explicitly stated in your package.
13. Indemnification
You agree to indemnify Heaps Nice Co. from any legal claims, liabilities, or costs arising from your breach of these Terms, use of deliverables, or misuse of licensed materials you provide.
14. Force Majeure
We are not liable for delays or disruptions caused by events beyond our control (e.g. natural disasters, internet outages, illness, pandemics). In such cases, we’ll work with you in good faith to resume service as soon as possible.
15. Non-Disparagement
Both parties agree not to make defamatory, negative, or misleading public comments about the other—including on social media or other public platforms.
16. Independent Contractor
We are independent contractors, not employees. You are responsible for your business obligations, including compliance with local tax laws and licensing.
17. Governing Law
These Terms are governed by the laws of Australia, with jurisdiction to be mutually agreed upon should a dispute arise.
18. Portfolio Rights & Publicity
We may showcase completed work in our portfolio and marketing channels unless you request confidentiality in writing.
19. Updates
We may revise these Terms at any time. Continued use of our services or website constitutes your acceptance of any updates.
