Terms & Conditions

At Kind & Wild, we don’t really think in terms of B2B (business-to-business) or B2C (business-to-consumer). We believe in H2H (human-to-human). With that in mind, communication is everything. If you ever have a question, concern, or issue with how we work, please reach out to us at hello@kindandwild.studio and someone from our team will get back to you as soon as possible.

That said, we are legally required to provide Terms & Conditions — so here they are:

Website & Ownership

This website, accessible via www.kindandwild.studio (hereinafter referred to as the “Website”), is owned and published by Kind & Wild Studio Pty Ltd.

Throughout this document, “Kind & Wild” or “K&W” refers to Kind & Wild Studio Pty Ltd, and “The Client” refers to you.

By working with Kind & Wild, you acknowledge and accept these Terms & Conditions. Please review them carefully. From time to time, we may update these Terms & Conditions without prior notice, so we encourage you to revisit this page regularly.

Commencement of Work

Work officially begins once:

  • A creative brief is submitted, and

  • A 50% deposit is paid.

Agreement to proceed constitutes agreement to these Terms & Conditions.

Payment Terms

  • A 50% non-refundable deposit of the quoted amount is required to begin any project.

  • The remaining balance is due prior to delivery.

  • If a project extends beyond 4 calendar weeks, progress payments of 50% of the remaining balance will be invoiced monthly until completion.

  • Invoices not paid on time will incur:

    • A $100 administration fee, and

    • A 5% late payment fee for each week the invoice remains unpaid after 14 days.

If you’re experiencing payment difficulties, please contact us early so we can work out a solution.

Creative Work Samples

Unless otherwise agreed in writing, The Client agrees to allow K&W to showcase project work in our portfolio, case studies, and marketing materials. We respect confidentiality and will only display work after it has been made public by The Client.

Force Majeure

K&W shall not be liable for delays or failure to deliver services due to circumstances beyond our reasonable control (including but not limited to natural disasters, strikes, government restrictions, power outages, hosting failures, or acts of terrorism).

Fees & Scope of Work

  • Project fees are based on the agreed proposal or estimate.

  • If additional work arises beyond the original scope (“out of scope”), The Client will be notified and must approve the revised fees in writing.

Excess Work (Out of Scope)

  • Each project includes two rounds of minor changes (e.g. small text, colour, or layout adjustments) within 10 days of delivery.

  • Minor changes are defined as adjustments taking less than 3 hours of studio time.

  • Additional work beyond this is billed at $150 USD per hour (plus GST).

Ownership & Copyright

  • K&W retains ownership of all design concepts and materials until final payment is received.

  • Once final payment is made, copyright transfers to The Client for the final, approved deliverables only.

  • Unused concepts remain the property of K&W.

  • Unless agreed otherwise, K&W may credit work in its portfolio and on its website.

Liability & Indemnity

  • K&W will take all reasonable care with your project, but we are not responsible for errors overlooked during The Client’s proofing and approval process.

  • Final approval by email (or written confirmation) constitutes sign-off.

  • K&W is not liable for indirect or consequential losses, including loss of profit, contracts, or data.

Print, Production & Colour Variations

  • Printing may result in colour variations compared to on-screen visuals. These are standard and not grounds for reprint at K&W’s expense.

  • Reprints due to client-approved errors are the responsibility of The Client.

Confidentiality

K&W agrees to keep all client information confidential and not disclose it to third parties without consent, except where legally required.

Termination

  • If The Client cancels a project after commencement, the deposit is non-refundable.

  • If the project is more than 50% complete, additional pro-rata fees will apply.

  • If K&W cancels the project for unforeseen reasons, the deposit will be refunded in full.

Late Payments & Default

  • Accounts not paid within 15 days will incur a $100 administration fee.

  • Accounts outstanding after 30 days may result in suspension of services until full payment is made.

  • K&W retains all copyright until invoices are settled in full.

Freelance Contractors

All freelance contractors working with K&W are bound by strict confidentiality and non-solicitation agreements.

Disclaimer

Creative work is inherently subjective. K&W will always provide professional advice and deliver our work with care, but we cannot guarantee outcomes will match subjective expectations. Use of our website and services is at your own risk.

Amendments

Any changes to these Terms & Conditions must be agreed in writing by both parties.

Thank you for choosing Kind & Wild as your creative partner.