TERMS AND CONDITIONS
Last Update 18 January 2025
1.0 General Information
These terms and conditions apply to all Clients of Dayna Watson (Creative Dayna), regardless of acknowledgement. The onus is on clients to seek out and ensure appropriate comprehension of these terms and conditions.
Dayna will ensure this document is accessible on her public website and provided on request. Any questions regarding the outlined terms and conditions will be answered within a reasonable time frame to the best of her ability.
By commissioning work from Dayna, clients are implying they have read, understood, and accepted these terms and conditions, as outlined at the time of agreement.
Dayna reserves the right to change her terms and conditions.
1.1 Quality of Services
Dayna promises she is human and all her services are created using her (rather small) human hands and workstations such as Procreate and the Adobe Suite. She does not source or endorse generated content, including that provided by Adobe Firefly. She holds ownership of all intellectual property she creates unless otherwise stipulated.
1.2 General Communication
Primary communication is conducted via emails ( hello@creativedayna.au ).
When appropriate, Dayna may offer Google Drive folders to deliver assets or provide the Client with additional support options.
Dayna attempts to keep up with social media platforms to the best of her ability but can’t guarantee prompt responses. She encourages future Clients to engage either directly with her email or via her website form.
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2.0 Payment and Cost Terms
Dayna aims to be affordable and flexible without sacrificing an honourable rate for her services. Rates should allow Dayna a comfortable lifestyle reflective of her hard work and high skill level.
Services requested with offered compensation deemed exploitative won't warrant a response from Dayna.
Dayna, however, encourages clients with a budget to communicate any possible restrictions to allow appropriate quotations.
2.1 Quotations
Price points promoted on Dayna’s social platforms only serve to indicate the estimated cost of her services. An official quotation will be provided via email. While this quote is intended to be a final price point or range, Dayna reserves the right to charge additional costs if the agreed parameters of work are exceeded. Quotes are valid for a 30 day window, after which Dayna reserves the right to alter or refuse to honour the quotation.
Clients will receive an official quote via email.
2.2 Payment
2.2.1 Transaction Options
Payment must be made through either Paypal with a 4% Fee or Bank Transfer.
Note: International Clients that use SWIFT Wire Transfer will incur a 20USD fee and may find it takes up to two weeks for the transaction to complete. If a Client neglects this information and fails to deliver prompt payment delaying a project’s start as a result, it may incur a Rush Fee as penalty.
2.2.2 Payment Timeline
A Deposit or Booking Fee, up to 50% of the Quotation, must be paid to confirm a Client’s booking and scheduled slot. This deposit is non-refundable.
The Outstanding Sum will then be invoiced by Dayna upon project completion and before deliverables are provided. Deliverables will only be sent via Google Drive and email once payment has been received in Dayna’s bank account.
Payment Plans are available upon request.
2.3 Additional Expenses
Dayna ensures, to the best of her ability, to outline clear parameters of the commissioned project prior to commencement; additional charges incur if a client requests services or creates conditions that require Dayna to go beyond these stipulated expectations.
Dayna will attempt to warn clients of any additional charges so they may opt for a different approach where possible if required.
Circumstances however may not allow forewarning. For example, a client may provide late feedback without reasonable notice or explanation in which case Dayna reserves the right to charge a Rush Fee to ensure the project still delivers on time.
Additional costs may also incur if a Client requests additional licences.
See more in Section 4.2 Copyright..
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3.0 Commission Process
3.1 Project Time
The default timeline for commissions can range from two weeks to four months from the Start Date, depending on external factors such as Holidays and the complexity of the project.
For the average Three Stage project, update/feedback exchanges are held every two to three weeks. Clients are provided a week to review and provide critique.
A Rush Fee may be included if a Client requests a project be completed within a limited time frame that Dayna deems inappropriate for her usual process, or if a Client requests a new project be completed on top of prior scheduled work.
3.2 Additional Project Updates
Dayna is happy to provide updates at any point, when able, but speed of response and to what extent remains at her discretion outside of the agreed feedback exchanges.
If for any reason, Dayna must delay any agreed-upon exchange or update, she will inform the Client at the earliest opportunity and provide an alternative date.
If an unreasonable period has passed without an appropriate update, including a missed exchange point, please do not hesitate to seek private communications with Dayna via alternative social platforms. Chances are she’s involved in an emergency situation and unable to access work platforms at that time. In such cases, a public update will be posted on her social platforms at the earliest opportunity, or by a third party.
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4.0 Commission Distribution Rights
4.1 Social Media and Portfolio Distribution
Dayna maintains the right to share commission content including progress updates across her social platforms and portfolios unless a Client puts in place an embargo at which point all content will be shared on or post the agreed distribution and exhibition date.
4.2 Copyright and Licenses
Dayna owns the intellectual property of all assets she creates unless otherwise stipulated in official writing exchanged with the Client.
By default, Clients only receive indefinite non-commercial or limited commercial distribution use within their territory and online as stipulated by the parameters of their project.
Clients may not use any commissioned work outside the agreed parameters–such as for merchandise or distribution of product to a new territory–without written permission from Dayna which may incur additional costs.
Copyright infringement will be met with appropriate force and may incur legal, financial, and reputational consequences to the Client.
4.2.1 Commerical Use in Print, OOH, and Advertisement
Clients seeking commercial use outside original project parameters or wish to commission a project with high commercial usage, and are not associated with a larger firm or business, are presently charged a Blanket Commerical Use Price Point of 40% of Project cost.
This allows work to be used in complex distribution pathways such as in Print (Magazines), Out-Of-Home (Billboards) advertisements, or Commerical Spots (TV advertisements).
Note: At this point of time, paid social media advertisement for independent talent with a reach smaller than 20,000 followers or campaign budget less than $2,500 do not require a Commercial Use Licence
4.2.2 Commercial Use for Promotional Merchandise (Swag)
Royalty payments are required for commercial products intended for brand promotion, or use Dayna’s IP outside its intended parameters.
Products partially featuring Dayna’s IP require a 5% Royalty of Gross Profit (Retail Price minus Cost of Product Production).
Products featuring Dayna’s IP require a 15% Royalty of Gross Profit.
Products that only or significantly feature Dayna’s IP (such as Art Prints) require a 30% Royalty of Retail Price (Revenue before any deductions).
4.2.3 Commerical Use for New Territories or Large Distribution Avenues
If your product is to be translated and released as a new edition in a foreign territory; or plans to shift out of independent sales into big corporate avenues; or is to be sold to a large commercial entity; or anything along these lines, a new licence must be arranged.
Please email Dayna at hello@creativedayna.au as soon as possible.
4.3 Further Permissions and Prohibitions
Creating an NFT out of Dayna’s IP is forbidden.
Using Dayna’s IP to train deep learning or generative tools is forbidden.
At every possible opportunity, Dayna requests she’s credited for her work.
Alteration of artwork is forbidden without written permission from Dayna.
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5.0 Termination
If a Client chooses to terminate any services booked with Dayna either prior to, or within the early stages of, project commencement, they do so knowing they forfeit any payments made. They also lose the right to use any assets Dayna has created or in development without her written permission to the contrary.Any use or reference of her IP will be infringing on her copyright and dealt with appropriately.
If a Client chooses to terminate a project past the Concept Stage, Dayna reserves the right to charge a Termination of Fee appropriate to the progress made up to 85% of the total.
Dayna will terminate a commission if a Client fails to respond to correspondence for a period greater than 30 days. Depending on whether an appropriate explanation is provided, Dayna may complete the project at a later date at her discretion for an additional penalty fee.
Dayna has strict no tolerance for any behaviour she deems inappropriate; any behaviours that flag aggression or exploitation, amongst others, will lead to termination.
Any questions? Email Dayna