Terms of Service

Last updated: 1 July 2025

These Terms of Service (“Terms”) govern the supply of design and creative studio services by Tome Atelier Pty Ltd (ABN), trading as Tome Atelier, of Melbourne VIC, Australia, through our website at https://tomeatelierau.space. By requesting a quote, accepting our proposal, or engaging us to provide services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not engage our services.

1. About these Terms

These Terms, together with any written quote, proposal or statement of work we issue and you accept, form the entire agreement between you and Tome Atelier Pty Ltd in relation to the services we provide. Where a quote or proposal contains terms that conflict with these Terms, the quote or proposal prevails to the extent of the inconsistency for that engagement only.

2. Our services

Tome Atelier Pty Ltd provides design and creative studio services, including brand identity, graphic design, web and digital design, print collateral, art direction and related creative production. The exact scope of services for your engagement will be set out in the written quote or proposal we provide. Anything not expressly included in that scope will be treated as additional work and quoted separately.

3. Quotes, fees and payment

• Quotes are prepared in Australian dollars and are valid for 14 days from the date of issue, unless otherwise stated. Quotes exclude goods and services tax (GST) unless expressly stated otherwise.
• Unless otherwise agreed in writing, we require a deposit of 50% of the quoted fee before work commences. The balance is payable on delivery of the final deliverables or on your written approval, whichever occurs first.
• Invoices are payable within 14 days of the date of issue by direct deposit to the account nominated on the invoice.
• If an invoice remains overdue, we may suspend work on your project until the account is brought up to date, and we may charge interest on overdue amounts at 2% per month, calculated daily.
• Third-party costs such as stock imagery, font licences, printing, hosting or software subscriptions will only be incurred with your prior approval and will be passed on at cost.

4. Your responsibilities

You agree to provide timely feedback, approvals and all materials we need to perform the services, including text, logos, images and brand guidelines. You warrant that any materials you supply to us are owned by you or properly licensed for use in the project, and you indemnify us against any claim arising from our use of materials you supply in accordance with your instructions.

5. Approvals, revisions and changes

Each quoted stage of work includes two rounds of reasonable revisions to the presented concept. Additional revision rounds, or changes to the agreed scope after approval of a stage, will be quoted and charged at our current hourly rate, which is available on request. Written approval of a deliverable (including approval by email) confirms that the deliverable is ready for the next stage or for production, and we are not responsible for errors that appear in materials after approval.

6. Timelines and delays

Any timeline we provide is an estimate based on the agreed scope and your prompt cooperation. If your feedback or materials are delayed, or if the scope changes, delivery dates may shift accordingly. If a project is paused at your request for more than 30 days, we may require a re-commencement fee and reschedule the remaining work based on our availability at that time.

7. Intellectual property

• On receipt of full payment for an engagement, ownership of the final approved deliverables created specifically for you passes to you.
• We retain ownership of preliminary concepts not selected, working files, internal templates, methodologies and any generic components or tools used to produce your deliverables.
• We may display completed work in our portfolio, on our website and in awards submissions unless you ask us in writing not to do so before final delivery.
• You must not modify, resell or reuse our deliverables in a manner not contemplated by the agreed scope without our prior written consent.

8. Third-party materials and licences

Where a project uses third-party fonts, stock imagery, photography, plugins or software, the applicable licence terms apply. We will identify any third-party materials and advise who holds the licence. Where a licence is held in your name, you are responsible for maintaining and complying with that licence after delivery.

9. Confidentiality and portfolio use

Each party will keep confidential information of the other party private and use it only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Section 7 (portfolio use) sets out the limits of our right to publicise your project.

10. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For services of a kind ordinarily acquired for personal, domestic or household use or consumption, you may be entitled to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and to have the services repaired or replaced if they fail to be of acceptable quality. For all other services, our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to supplying the services again or paying the cost of having the services supplied again.

12. Limitation of liability

To the fullest extent permitted by law, and except as set out in section 11, our total liability arising out of or in connection with an engagement is limited to the fees you actually paid to us for the specific service giving rise to the claim. We are not liable for indirect or consequential loss, loss of profits, loss of data or loss of business opportunity. This clause does not apply to liability that cannot be limited by law, including liability under consumer guarantees described in section 11.

13. Cancellation and termination

Either party may end an engagement by giving written notice if the other party commits a material breach that is not remedied within 14 days of written notice. If you cancel an engagement for convenience, all work performed up to the date of cancellation is payable, the deposit is non-refundable, and any fees for third-party commitments made on your behalf remain your responsibility. On termination, we will deliver to you the work product completed and paid for up to the termination date.

14. Events outside our control

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including natural disasters, industrial action, power or internet outages, or acts of government. Where such an event occurs, affected timelines will be extended fairly and we will keep you informed.

15. Changes to these Terms

We may update these Terms from time to time. The current version is always published on this page. The version of these Terms in force on the date you accept a quote or proposal applies to that engagement, unless we both agree in writing to apply a later version.

16. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria. Before commencing proceedings, the parties agree to attempt to resolve any dispute in good faith through direct discussion for at least 30 days. Nothing in this clause prevents either party from seeking urgent injunctive relief, or limits any right you have under the Australian Consumer Law.

17. Contact us

If you have any questions about these Terms, please email ceo@tomeatelierau.space. We aim to respond to enquiries within two business days. Written correspondence may also be addressed to the registered office of Tome Atelier Pty Ltd in Melbourne VIC, Australia.