Design & Custom Work Terms

DESIGN & CUSTOM WORK TERMS

About These Terms

Last updated: 17 July 2026

These Design & Custom Work Terms are issued by K.J SANCHEZ & B.J TUNACAO, a family partnership with ABN 69 473 883 296, trading as Up Real Late.

In these Terms, “we”, “us” and “our” refer to the partnership trading as Up Real Late. “You”, “your” refer to the client

PAYMENT

Deposits, pricing and delivery

We may require a deposit of up to 50% of the quoted project price before beginning any design or custom work. The required deposit amount will be shown on your quote or invoice.

Deposit invoices are due within seven days unless otherwise agreed in writing. Work will not commence until the deposit has been received and you have supplied the information, materials and approvals reasonably required to begin the project.

Payment of the deposit confirms your acceptance of the quote and these Design & Custom Work Terms and forms an agreement between you and K.J SANCHEZ & B.J TUNACAO, ABN 69 473 883 296, trading as Up Real Late and Hunted Customz.

Deposits are not refundable for change-of-mind cancellations once work has commenced, except where required under Australian Consumer Law. Any cancellation charges will reflect the work completed, time reserved and materials or other costs already incurred.

The remaining project balance, together with any approved additional charges, must be paid before final artwork, production files, completed custom items or other project deliverables are released, shipped or made available for collection.

Payment plans may be requested and will be considered at our discretion. Any payment plan must be agreed to by both parties in writing before it applies.

Invoices must be paid by the due date shown on the invoice. Unless otherwise stated in writing, final invoices are due before the project deliverables are released.

We may suspend work or withhold delivery while an invoice remains overdue. You may also be responsible for reasonable debt-recovery costs actually incurred by us in recovering an overdue amount, where permitted by law.

Each quote will state what work and how many revision rounds are included. Revisions, changes in direction or additional work outside the agreed scope may incur additional charges. We will explain those charges and obtain your approval before carrying out the additional work.

If you do not respond or provide required feedback for more than 30 days, we may place the project on hold and invoice you for work completed and costs incurred up to that point. Restarting an inactive project may require a revised timeline and an additional fee.

Nothing in these terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded under Australian Consumer Law.

RESTRICTIONS

Use of concepts and project materials

All concepts, sketches, drafts, mock-ups, visual directions, working files and other project materials presented during the design process are supplied to the client for review and approval purposes only.

Unless otherwise agreed in writing, the client must not copy, reproduce, publish, distribute, modify, manufacture from, provide to another designer or otherwise use any preliminary, rejected, unpaid or unused project materials without our written permission.

The client receives rights only to the final approved deliverables specifically identified in the accepted quote or proposal. These rights will not take effect until full payment has been received.

All preliminary, rejected, incomplete, unused and unpaid concepts remain our property. We may reuse, adapt or further develop unused concepts for other projects, provided that we do not:

disclose the client’s confidential information;
reuse materials owned or supplied by the client; or
reproduce the client’s final approved design in a way that is substantially identical or likely to create confusion.

We retain the right to use our general knowledge, skills, techniques, processes and experience gained while completing the project.

Unless confidentiality arrangements have been agreed in writing, we may display the final completed work in our portfolio, website, social media, presentations, promotional materials, award submissions, exhibitions and relevant publications.

We may also display selected sketches, mock-ups or development materials where doing so does not disclose confidential information or misrepresent the client’s business.

Where a project has not yet been publicly released, we will take reasonable steps to delay displaying the work until after the client’s launch or another date agreed in writing.

Any confidentiality, embargo, non-disclosure or restriction on portfolio use must be disclosed and agreed in writing before work begins. These requirements may affect the project price.

Unauthorised use of our project materials may result in us requiring the use to stop and seeking any remedies available to us under the agreement or applicable law.

THIRD-PARTY MATERIALS & LICENSING

Fonts, stock assets, templates and other licensed materials

The project may include third-party materials such as fonts, typefaces, stock photography, illustrations, icons, mock-ups, templates, textures, graphics, video, audio, music, software, plug-ins or other licensed assets.

These materials remain the property of their respective owners and are subject to the licence terms set by the relevant creator, supplier or platform. Payment for our services does not transfer ownership of any third-party materials to the client.

Where third-party materials are proposed for use in the final design, we will advise the client of any known licensing requirements and where the relevant licence may be obtained. Unless specifically included in the accepted quote, the cost of purchasing any required licence is the client’s responsibility.

Some licences may permit us to use an asset when creating the final design but may not allow us to transfer the original asset file, font file, template or other licensed material to the client. We will not provide copies of third-party files where doing so would breach the applicable licence terms.

If the client requires editable files, ongoing access, website use, app use, merchandise production, advertising use, team access or any other use requiring a separate licence, the client is responsible for purchasing and maintaining the appropriate licence in their own name.

Where a font is converted to outlines or vector shapes within a final logo or artwork, the original font file will not be supplied. The client may still need to obtain their own font licence if they wish to edit the wording, install the font, use it on a website or apply the typeface to other brand materials.

Free, open-source or subscription-based materials may also be subject to licence conditions. The client agrees to comply with any conditions applying to third-party materials included in the final deliverables.

Any third-party materials supplied by the client must be properly licensed for the intended use. The client confirms that they have permission to provide and use those materials and accepts responsibility for any claim resulting from materials supplied without the necessary rights or licences.

Third-party assets are excluded from any copyright assignment or transfer of ownership unless the relevant licence expressly allows that transfer.

COPYRIGHT & OWNERSHIP

Ownership, usage rights and portfolio display

Unless otherwise agreed in writing, we retain ownership of all preliminary concepts, sketches, drafts, mock-ups, working files, source files, templates, production methods and unused or rejected concepts created during the project.

Ownership of final artwork

Unless otherwise stated in the accepted quote or proposal, ownership and usage rights for the final approved artwork will be handled as follows:

Logo and brand identity projects: Upon receipt of full payment, we assign to the client copyright in the final approved logo or brand artwork specifically identified as a final deliverable in the accepted quote. This does not include preliminary concepts, rejected designs, working files, templates, fonts, stock assets or other third-party materials.

Illustration, apparel graphics and other commissioned artwork: Upon receipt of full payment, we grant the client a licence to use the final approved artwork for the purposes identified in the accepted quote. Copyright remains with us unless an assignment of copyright is separately agreed in writing.

No ownership or usage rights are transferred until full payment has been received.

Once full payment has been received, the client will receive the rights to the final approved deliverables specifically identified in the accepted quote or proposal. No rights are transferred until the project has been paid for in full.

Unless expressly included in the quote, editable or working files, including Adobe Illustrator, Photoshop and InDesign files, are not included in the final deliverables. These files may be supplied for an additional fee at our discretion.

Any fonts, stock images, mock-ups, software, templates or other third-party materials incorporated into the work remain subject to their applicable licence conditions. Ownership of those materials cannot be transferred by us.

Until full payment has been received, the client may view project concepts and drafts for review and approval purposes only. The client must not publish, reproduce, distribute, modify, manufacture from or otherwise use the artwork without our written permission.

We retain ownership of all unused, rejected or unpaid concepts and may reuse, modify, license or develop those concepts for other projects, provided that we do not disclose the client’s confidential information or improperly use materials owned by the client.

We may display completed project work in our portfolio, website, social media accounts, promotional materials, award submissions and other examples of our work. Where the project has not yet been publicly released, we will take reasonable steps to delay publication until after the client’s public launch.

Any confidentiality, embargo or non-disclosure requirements must be provided to us and agreed in writing before work begins. Additional charges may apply where these requirements prevent us from displaying the project as part of our portfolio.

Ownership of a completed physical Hunted Customz item does not automatically transfer copyright in any original artwork applied to that item. Any commercial reproduction, manufacturing or merchandise rights must be agreed separately in writing.

Nothing in these terms transfers ownership of unused concepts, working files, production processes or third-party materials unless expressly stated in writing.

TRADE MARKS, BUSINESS NAMES & BRAND CLEARANCE

Searches, registration and legal advice

Unless specifically included in the accepted quote, our services do not include formal trade mark clearance searches, business-name registration, trade mark applications or legal advice regarding the availability, ownership or registrability of a name, logo, slogan or other brand element.

Any searches or checks we perform during the design process are preliminary only and do not guarantee that a name, logo or other brand element is legally available, capable of registration or free from third-party rights.

Before approving or using a proposed brand name, logo or slogan, the client is responsible for completing any searches considered necessary, including searches of:

registered and pending trade marks;
ASIC business and company names;
domain names;
social-media usernames;
existing businesses and products; and
any other relevant industry or international registers.

The client should obtain independent legal advice from a suitably qualified trade mark attorney or lawyer where formal clearance or registration advice is required.

Registering a business name, company name, domain name or social-media username does not by itself provide ownership of that name as a registered trade mark or guarantee that its use will not infringe another party’s rights.

We do not prepare, lodge or manage trade mark applications unless this service is specifically agreed in writing. Any application fees, professional fees and other registration costs are the client’s responsibility unless included in the accepted quote.

Copyright ownership in original artwork created by us is addressed separately under the Copyright & Ownership section of these Terms. Copyright does not usually protect business names or titles by themselves, although original logo artwork may receive copyright protection.

Brand naming

Where naming services are included in the project, any proposed names, slogans or taglines are provided as creative recommendations only.

We will take reasonable care when developing naming options but cannot guarantee that a proposed name:

is available for use or registration;
will be accepted as a business name or trade mark;
is available in every country, industry or product category;
has an available domain name or social-media username; or
does not conflict with an existing third-party right.

The client is responsible for completing and approving any required legal and availability checks before selecting, announcing, registering, printing or otherwise using a proposed name.

If the client asks us to proceed with design work before these checks have been completed, the client accepts the risk that the name may later need to be changed.

Changes to a name during the project

A change to the approved business, brand, product or project name after design work has commenced may require substantial changes to logos, layouts, artwork, mock-ups, templates, packaging or other deliverables.

Any work required because of a name change will be treated as a change to the agreed project scope. We will explain the additional work, fees and revised timeline and obtain the client’s approval before proceeding.

The client remains responsible for work already completed and costs already incurred before the name change.

A name being unavailable or unsuitable does not automatically entitle the client to a refund for properly completed design or naming work. This does not limit any rights or remedies available under Australian Consumer Law.

Client-supplied names and brand elements

Where the client provides or instructs us to use a particular name, slogan, logo, symbol or other brand element, the client confirms that they have completed any checks required for its intended use.

We are not responsible for claims arising from the client’s use of a supplied or approved brand element where the client has not obtained the necessary rights or clearance, except to the extent that the issue was caused or contributed to by our own conduct.

CANCELLATION & PROJECT SUSPENSION

Cancellation by the client.

The client may cancel the project at any time by providing written notice.

If the client cancels before work has commenced, any amount paid will be refunded, less any non-recoverable costs already incurred or other cancellation amount stated in the accepted quote.

If the client cancels after work has commenced, the client must pay for:

work completed up to the cancellation date;
time already reserved or committed to the project;
approved additional work;
materials, printing, third-party licences and other non-recoverable expenses already incurred; and
any cancellation fee clearly stated in the accepted quote.

We will provide an itemised calculation of the amount payable. If the client has paid more than the amount properly owing, the remaining balance will be refunded.

Completed drafts, concepts and working materials will not be supplied unless agreed in writing. Any concepts, artwork or deliverables that have not been paid for remain our property and must not be used by the client.

Cancellation does not affect rights or remedies available under Australian Consumer Law.

Cancellation by us

We may cancel the project if we are unable to complete it due to illness, injury, personal emergency or another reasonable circumstance.

Where we cancel for reasons that are not caused by the client, we will refund any amount paid for work that has not been completed or supplied.

Where practical, we may also provide the client with any completed and paid-for deliverables in a usable format so the project can be continued by another designer. Editable or working files will only be supplied where agreed in writing and where relevant third-party licences permit us to do so.

Nothing in this section limits any rights the client may have where services are not supplied as agreed or do not meet the consumer guarantees under Australian Consumer Law.

Project suspension or termination

We may suspend work where:

an invoice remains overdue;
the client does not provide required information, feedback or approval;
the client repeatedly requests work outside the agreed scope without approving additional charges;
the client uses unpaid concepts or artwork without permission;
the client provides unlawful, infringing, misleading or unsafe instructions or materials;
the client behaves in a threatening, abusive or seriously inappropriate manner; or
another serious breach of these Terms prevents the project from continuing.

Unless immediate suspension is reasonably necessary, we will notify the client of the issue and provide a reasonable opportunity to correct it.

During a suspension, project deadlines and delivery estimates may be extended. We are not responsible for delays caused by the client’s failure to provide payment, information, materials, feedback or approvals when required.

If the issue is not corrected within the timeframe stated in our notice, we may terminate the project. The client will remain responsible for work completed and reasonable costs incurred up to the termination date.

Any amount paid beyond what is properly owing will be refunded. Suspension or termination does not transfer ownership or usage rights in unpaid concepts, artwork or deliverables.

Inactive projects

Inactive Projects

If the client does not respond or provide required feedback, information or approvals for more than 30 days, we may place the project on hold.

We may invoice the client for work completed and costs incurred up to that date. Restarting an inactive project will depend on our availability and may require a revised quote, timeline or restart fee agreed in writing.

If the project remains inactive for more than 90 days, we may treat it as cancelled by the client after providing written notice.

Events beyond reasonable control

Neither party will be responsible for a delay or failure to perform their obligations where it is caused by an event beyond their reasonable control.

This may include serious illness, injury, natural disaster, fire, flood, government restriction, widespread power or internet failure, transport disruption, industrial action or failure by an essential third-party supplier.

The affected party must notify the other party as soon as reasonably possible and take reasonable steps to minimise the effect of the event.

The affected obligations will be suspended for the duration of the event, and any project deadlines will be extended by a reasonable period.

If the event prevents the project from continuing for more than 30 days, either party may end the project by providing written notice. The client will pay for work completed and reasonable costs already incurred, and any remaining prepaid amount will be refunded.

Nothing in this section excludes rights or obligations that cannot legally be excluded under Australian Consumer Law.

LIMITATION OF LIABILITY

Responsibility, approvals and third-party materials

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under Australian Consumer Law.

We will provide our services with due care and skill. However, unless expressly stated in the accepted quote, we do not guarantee that any design, artwork, custom product or other deliverable will achieve a particular commercial result, including increased sales, engagement, business performance, trade mark registration or market success.

Client review and approval

The client is responsible for reviewing all proofs, concepts and final artwork before providing approval. This includes checking:

spelling, grammar and supplied information;
names, dates, contact details and pricing;
colours, dimensions, quantities and product specifications;
placement and layout;
legal, regulatory or industry requirements; and
any other details relevant to the intended use.

Once the client has approved artwork or specifications in writing, we are not responsible for costs arising from errors that were visible in the approved material and were not identified before production, printing or delivery.

This does not apply where the error results from our failure to provide the services with due care and skill or where liability cannot legally be excluded.

Any alterations required after approval may be treated as additional work and may result in additional fees, production costs or delays.

Originality and intellectual-property checks

We will create original work and take reasonable care not to knowingly infringe another person’s intellectual-property rights.

However, we do not guarantee that the final work will be completely different from every existing design, logo, artwork, business name or trade mark. Similarities may occur because of common ideas, industry conventions, styles, symbols, colours or visual elements.

Unless specifically included in the accepted quote, our services do not include formal copyright, business-name, registered-design or trade-mark clearance searches. The client is responsible for obtaining independent legal advice and completing any searches or registrations required for their intended use.

We are not responsible for infringement or other legal issues resulting from materials, instructions, references, logos, images, characters, wording or other content supplied or specifically requested by the client.

Client-supplied materials

The client confirms that they have the necessary ownership, licences, permissions and authority to provide and use all materials supplied to us.

We may refuse or suspend work where we reasonably believe that supplied materials may infringe another person’s rights, breach the law or violate a relevant platform or supplier policy.

The client is responsible for claims or losses arising directly from unauthorised client-supplied materials, except to the extent that the claim or loss was caused or contributed to by our own actions.

Third-party products and services

The project may involve third-party products, platforms or services, including fonts, stock assets, templates, printers, manufacturers, couriers, hosting providers, website platforms, payment processors and software providers.

These third parties operate under their own terms, licences and service conditions. We are not responsible for interruptions, delays, changes, defects or failures caused by a third party where the matter is outside our reasonable control.

Where reasonably possible, we will assist the client in addressing an issue with a third-party supplier, but we cannot guarantee the supplier’s performance or outcome.

Custom and client-supplied physical items

Custom and handmade products may contain minor variations in colour, placement, texture and finish. These reasonable variations are part of the custom-production process and will not by themselves be considered defects.

Where the client supplies an item for customisation, the client acknowledges that previously used, aged, repaired or manufactured items may contain hidden damage, weak materials, coatings or defects that are not visible before work begins.

We will take reasonable care when handling client-supplied items. However, we are not responsible for pre-existing damage, hidden defects or deterioration caused by the item’s age, condition, construction or materials, except where damage results from our failure to exercise due care and skill.

Limitation of liability

To the fullest extent permitted by law, we are not responsible for indirect or consequential loss arising from the project, including loss of profit, revenue, opportunity, reputation, anticipated savings or business interruption.

Where the law allows liability to be limited but not excluded, our liability may, at our option and where legally permitted, be limited to:

supplying the affected services again;
paying the reasonable cost of having the affected services supplied again;
repairing or replacing affected goods; or
paying the reasonable cost of repair or replacement.

For any other claim that may lawfully be limited, our total liability will not exceed the amount paid by the client for the affected goods or services.

This limitation does not apply to fraud, deliberate misconduct or any liability that cannot legally be excluded or limited.