Terms And Conditions

Quotes and estimates are based on the information available when they are prepared and are valid for 15 business days unless otherwise stated.

The agreed scope, deliverables, concepts, revisions, licensing, usage and production requirements will be outlined in the relevant quotation, proposal, package or agreement.

Requests outside the agreed scope may require additional charges, a revised quotation or an adjusted timeline.

Additional concepts, revisions, alterations, file formats, deliverables or services not included in the agreed scope may be charged at the applicable hourly rate or quoted separately.

Payment requirements vary depending on the service and project.

A project may require:

• no deposit, with payment due upon completion;
• a 50% deposit before work begins, with the balance due upon completion;
• full payment before work or production begins;
• progress payments at agreed stages of the project; or
• another payment arrangement confirmed in writing.

The applicable payment arrangement will be confirmed in the relevant quotation, welcome pack, invoice or agreement.

Invoices are due within 7 days unless otherwise agreed in writing.

All design work is billable and will be invoiced whether or not the project is ultimately completed, approved, published, printed, launched or otherwise used.

If a project is cancelled, paused, abandoned or is no longer required after work has commenced, the client remains responsible for payment for all work completed up to that point, together with any approved third-party, production or other costs already incurred.

Where payment is due upon completion, final files, artwork or completed work will be released once payment has been received in full.

Apparel, print production and other third-party production services may require full payment before production begins.

All prices are in NZD unless otherwise stated.

4am Studio may require progress payments where the scope, duration, value or nature of a project reasonably warrants staged billing.

The timing and amount of any progress payments will be confirmed in the relevant quotation, proposal, invoice or agreement.

Where a progress payment is due, work may pause until the required payment has been received.

A progress payment relates to work completed or the agreed stage of the project and does not constitute payment for any remaining final deliverables.

Failure to make a required progress payment does not cancel or waive payment for work already completed or costs already incurred.

Invoices must be paid within the payment period stated on the invoice.

For discounted invoices, a late payment fee of 10% per week may apply to the outstanding invoice amount once the invoice becomes overdue.

If a discounted invoice remains unpaid for 30 days, the applicable discount may be void and the invoice may be recalculated at the standard rate.

For standard invoices, a late payment fee of 10% per fortnight may apply to the outstanding invoice amount once the invoice has been overdue for 14 days.

Late payment fees may continue to apply to outstanding amounts until payment is received, subject to applicable New Zealand law.

4am Studio may pause work or services while an account remains overdue.

Reasonable costs associated with recovering overdue amounts may also be charged where permitted by law.

All work undertaken by 4am Studio is considered billable.

This includes larger project work as well as quick updates and minor requests such as:

• logo edits;
• text changes;
• file format changes;
• re-exports;
• artwork adjustments;
• file preparation;
• minor layout changes; and
• other design or administrative requests.

Requests that appear minor may still require design, file handling, administration, communication or production time and are therefore considered billable.

A flat minimum charge may apply to small or quick requests to cover the design and administrative time involved.

The initial meeting or consultation, whether by phone or in person, of up to 30 minutes, is provided free of charge.

Any subsequent meetings, consultations or extended calls may be chargeable and may be additional to any project estimate, package or retainer allocation.

Where an in-person meeting requires travel, travel time to and from the meeting location may also be chargeable.

Where reasonably practicable, any meeting or travel charges will be communicated before the meeting takes place.

Work will begin as soon as practicable once:

• the project or service has been accepted;
• the required information, brief and materials have been supplied;
• any required agreement or contract has been signed; and
• any applicable deposit, progress payment or upfront payment has been received.

Delays in receiving information, feedback, approvals or payment may result in a corresponding change to the project timeline.

The client is responsible for providing accurate and complete information, copy, images, logos, brand assets and other materials required for the project.

The client is responsible for ensuring they have permission to use any client-supplied images, artwork, fonts, trademarks, text or other third-party material.

4am Studio is not responsible for delays or additional work resulting from incomplete, inaccurate, outdated or late information supplied by the client.

Client-supplied references and artwork: Where a client requests that 4am Studio reproduce, replicate or substantially base a design or illustration on artwork, imagery, logos or other material supplied by the client or sourced by the client, the client is responsible for ensuring they have the necessary rights and permissions to use that material. 4am Studio is not responsible for copyright, trademark, plagiarism or other intellectual property claims arising from client-supplied material or instructions.

Where proofing is included in the agreed service, a proof or draft will be provided for review.

The client is responsible for checking proofs and final artwork for spelling, names, dates, contact details, pricing, sizing, colours, technical information, licensing, usage and other details before approval or production.

The number of included revisions depends on the relevant service or package.

Additional revisions or changes outside the agreed scope may be charged at the applicable hourly rate or quoted separately.

Once artwork has been approved, further changes may be treated as new work and may incur additional charges.

Where a service specifically states that proofing or individual approval is not included, the service-specific terms apply.

Clients are expected to provide feedback or approval within 5 business days of receiving a proof or draft. Delays in feedback may affect the agreed project timeline and availability.

Project timelines vary depending on the scope, complexity, deliverables, communication, client feedback and current studio workload.

A rough timeline and expected start date will be provided where appropriate.

Timelines are estimates unless a specific deadline has been agreed in writing.

Rush or expedited work is subject to availability and may incur an additional fee.

Projects may be cancelled by either party in writing.

If a client cancels a project after work has commenced, the client remains responsible for payment for all work completed up to the date of cancellation, together with any approved third-party, production or other costs already incurred.

Where a deposit, progress payment or upfront payment has been made, it may be applied against work completed and costs incurred.

If a project is paused due to client non-communication or circumstances outside the control of 4am Studio, previously agreed timelines may no longer apply.

Projects that remain inactive for an extended period may require a new quotation, timeline, availability or agreement before work resumes.

Nothing in these Terms limits any rights the client may have under applicable New Zealand law.

Unpaid or unaccepted work: Where completed work remains unpaid, or concepts, mock-ups or other creative work have been rejected and are not in use by the client, 4am Studio reserves the right to reuse, repurpose, license or resell that work where legally permitted.

The client is responsible for maintaining reasonable communication throughout a project or ongoing service and for responding to requests for information, feedback, approval, payment or other action required to progress the work.

For the purposes of these Terms, non-communication means that 4am Studio has been unable to reach the client or obtain a required response, approval, information, instruction or payment needed to progress the work for 7 consecutive business days, excluding weekends and New Zealand public holidays.

Where non-communication occurs, 4am Studio may place the project or service on hold.

Any previously agreed timeline, deadline, availability or delivery date may no longer apply when communication resumes.

If a project or service remains inactive, 4am Studio may require a new quotation, timeline, availability or agreement before recommencing work.

Final artwork, design files, print-ready files, digital assets and other completed deliverables will be released once all applicable invoices, progress payments, production costs and other amounts owing have been paid in full.

4am Studio may withhold final files, artwork, source files, editable files, production files and other deliverables while any amount remains outstanding.

Payment of a deposit or progress invoice does not constitute payment for final deliverables.

Where a project includes licensing, exclusive use or copyright transfer, the relevant licence or transfer will not take effect until all applicable fees and other outstanding amounts have been paid in full, unless otherwise agreed in writing.

File retention: Final design files are retained by 4am Studio for up to 12 months after project completion. After this period, files may be archived or deleted without notice. Clients are responsible for downloading and securely storing all final files upon receipt.

Copyright in creative work produced by 4am Studio remains with 4am Studio unless ownership is specifically transferred in writing.

The client may use final approved artwork only for the purposes and applications agreed as part of the project or licence.

Unused concepts, preliminary designs, rejected artwork, sketches, development files and working files remain the property of 4am Studio unless otherwise agreed.

Native or editable working files are not automatically included and may be supplied by separate agreement or for an additional fee.

Third-party fonts, stock imagery, software, plugins and other licensed assets remain subject to their own licence conditions and cannot automatically be transferred to the client.

From time to time, 4am Studio may offer discounted design, illustration or creative services for specific projects, clients or intended uses.

Where a discounted rate or flat fee is offered, the applicable scope and usage restrictions will be confirmed at the time of the project.

Unless otherwise agreed in writing, discounted work is limited to the specific use or application for which it was commissioned.

Discounted work may not be reused, edited, altered, resold, redistributed, sublicensed or applied to additional formats, products, campaigns, platforms or applications without permission.

Unauthorised edits, reuse, resale or redistribution are not permitted.

Additional use may require a new project fee, licence, licensing upgrade or other agreed charge.

Graphic design services include the deliverables specifically outlined in the relevant quotation, package or agreement.

Graphic design fees cover the agreed design work and deliverables only.

Unless specifically stated in the relevant package, quotation or service agreement, graphic design services do not include:

• copywriting;
• photography or professional imagery;
• content marketing or ongoing content creation;
• paid advertising or advertising management;
• hosting;
• domain registration;
• website development or specialist development;
• printing or physical production;
• stock imagery, fonts or other third-party assets; or
• other specialist services.

Where these services are required, 4am Studio may recommend engaging an appropriate specialist or third-party supplier.

Final artwork will be supplied in the agreed digital or print-ready formats.

Editable or native working files are not automatically included.

Apparel, decals and other production work may require full payment before production begins.

4am Studio designs apparel and decals in-house and may use third-party suppliers for printing, embroidery, transfers and other production requirements.

Production timelines are dependent on supplier availability and may be outside the direct control of 4am Studio.

Minor variations in colour, sizing, placement or finish may occur between digital proofs and finished products.

Where applicable, artwork will be provided for approval before production.

Once production has commenced, changes or cancellations may not be possible and any production or supplier costs already incurred remain payable.

Unless specifically stated, design fees do not include physical printing.

Where 4am Studio arranges printing through a third-party supplier, printing costs are payable by the client.

Printing will not commence until applicable payment has been received.

The client is responsible for checking quantities, dimensions, stock, colours, finishes and other production requirements before approval.

Where 4am Studio liaises with a client's preferred printer, this service is limited to communicating agreed design and production requirements unless additional print management has been quoted.

If 4am Studio is requested to source and compare printing quotes, an administration fee may apply.

4am Studio provides website care plans, one-off development work and small website builds for HTML/CSS, WordPress and Squarespace websites.

Services may include content updates, bug fixes, theme and plugin updates, security monitoring, performance optimisation, backups and general website guidance, as agreed under the relevant service or plan.

Small website builds are quoted individually and, unless otherwise stated, are limited to up to five pages and basic setup under the client's control.

Website Care Scope & Exclusions

Support time included in a Website Care plan may be used for website updates, fixes and minor enhancements. Unused support time does not roll over.

Requests outside the agreed scope will be charged separately at the applicable hourly rate.

Unless specifically agreed, Website Care does not include:

• hosting;
• domain purchases or renewals;
• e-commerce functionality;
• copywriting;
• monthly reporting;
• software or plugin purchases;
• training;
• SEO audits; or
• SEO consulting.

These services may be quoted separately where available.

Website Care Response Times

Standard support requests are generally responded to within 2 business days. Urgent requests are generally responded to within 1 business day.

Response and resolution times may vary depending on the complexity of the issue, third-party services, required updates and current studio workload.

Website Backups & Security

Where included in the selected Website Care plan, regular backups and security monitoring will be undertaken.

While reasonable steps are taken to protect websites and data, 4am Studio cannot guarantee against data loss, downtime, security incidents, plugin conflicts, software incompatibility or other issues arising from website platforms, hosting providers, plugins, themes or other third-party services.

Clients are responsible for retaining copies of critical website data and content.

Website Hosting & Migration

Clients retain ownership and control of their hosting and domain accounts. Hosting and domain costs are not included unless specifically stated.

Migration services may be provided where agreed but are not included as standard Website Care.

Website Payment & Billing

Website Care plans may be billed monthly or annually as agreed. Where annual billing applies, payment is due 30 days prior to the renewal date.

One-off website development work is billed at the applicable hourly rate, subject to the minimum charge stated in the relevant service information. Larger projects may require a technical audit and/or fixed-price quotation.

Small website builds are quoted individually and may require a 50% deposit before commencement, with the balance due on completion.

Website Cancellation & Termination

Website Care plans are subject to the cancellation terms stated in the relevant service agreement. Where an annual plan applies, 30 days' written notice is required prior to renewal.

Paid Website Care plans are non-refundable once the relevant billing period has commenced.

One-off website projects may be cancelled in accordance with the General Terms. Any deposit paid remains applicable to work completed and costs incurred and is non-refundable where stated in the relevant quotation or agreement.

SEO

SEO audits, SEO consulting and SEO recommendations are not included in standard Website Care plans and may be quoted as a separate service.

These terms apply to purchases made through the 4am Store, including original artwork, prints, decals, apparel, magnets, handmade products and other products offered through the online store.

By placing an order through the 4am Store, you agree to these Terms & Conditions and any additional information provided on the relevant product page.

Products

I aim to ensure product descriptions, photographs, measurements, colours and other product information are as accurate as possible.

Colours may vary between your screen and the finished physical product.

Some products are handmade, individually produced or made to order and may have minor variations from photographs or previous examples.

Product measurements and sizing are approximate. Please check the information provided on the individual product page before purchasing.

Custom & made-to-order products

Some products may be made to order, personalised or produced specifically for you.

Production and dispatch timeframes will be provided on the relevant product page or confirmed at the time of purchase.

Once production of a custom or personalised product has commenced, cancellation may not be possible.

Payment

Payment is required at the time of purchase unless otherwise stated.

Orders will not be processed until payment has been received.

Shipping & delivery

Available shipping options and costs are shown at checkout or otherwise communicated before purchase.

Delivery timeframes are estimates and may vary depending on product availability, production requirements and the postal or courier service.

Once an order has been dispatched, delivery is outside the direct control of 4am Studio.

Tracking information will be provided where available.

If an order is returned because an incorrect or incomplete delivery address was supplied, additional postage may be required before the order can be resent.

International customers are responsible for any customs charges, duties or taxes imposed by their destination country.

Where local collection is available, collection details will be provided once the order is ready.

Returns & faulty products

Please check product descriptions, measurements, materials and other information carefully before purchasing.

Change-of-mind returns are not accepted where a product has been correctly supplied as described, subject to any rights provided under New Zealand law.

If a product is faulty, damaged or not as described, please contact 4am Studio as soon as possible so the issue can be assessed and an appropriate remedy provided.

Nothing in these Terms limits any rights or remedies available under applicable New Zealand consumer law.

Product care

Where a product requires specific care instructions, these will be provided with the product or on the relevant product page.

For decorated apparel, follow the care instructions supplied with the garment.

Product availability

Some Store products are limited, handmade, made to order or produced in small quantities. Availability may therefore change without notice.

If 4am Studio is unable to fulfil an order after payment has been received, you will be contacted and an appropriate refund or alternative arranged where applicable.

Product copyright

All original artwork, illustrations, designs, graphics, photographs and other creative content available through the 4am Store remain protected by copyright.

Purchasing a physical or digital product does not transfer copyright or intellectual property rights in the underlying artwork or design.

Products, artwork and designs may not be reproduced, copied, digitally reproduced, resold or commercially exploited without written permission from 4am Studio.

4am Studio may use third-party suppliers for printing, apparel, embroidery, hosting, software, stock imagery, fonts and other services.

4am Studio will communicate relevant requirements and supplier information where appropriate but cannot guarantee the performance, availability, pricing or delivery times of third-party providers.

Information supplied by clients during a project will be treated as confidential and used for the purposes of providing the agreed services, except where disclosure is required by law or reasonably necessary to engage an agreed third-party supplier.

Personal information is handled in accordance with applicable New Zealand privacy law.

Unless otherwise agreed in writing, 4am Studio may display completed work in its portfolio, website, social media, sales material and other promotional material.

Where a project is confidential, subject to a launch date or covered by a confidentiality agreement, portfolio use will be delayed or excluded as agreed.

Where portfolio or promotional use is to be excluded, this must be agreed in writing.

If an invoice remains unpaid, 4am Studio may pause work or services until the account is brought up to date.

Any resulting delay to the project or service timeline will be the responsibility of the client.

Where an account remains unpaid, 4am Studio may require payment in full before recommencing work or may require a new agreement before services resume.

Reasonable costs associated with recovering overdue amounts may be charged where permitted by law.

4am Studio reserves the right to terminate any agreement, project, service or other obligation without further notice where there has been non-payment or non-communication for 7 consecutive business days, excluding weekends and New Zealand public holidays.

For the purposes of this clause, non-communication means that 4am Studio has been unable to reach the client or obtain a required response, approval, information, instruction or payment needed to progress the work.

4am Studio may also terminate or suspend an agreement, project or service where the client's conduct, legal, ethical or business practices are reasonably considered deceptive, unlawful, abusive, inappropriate or otherwise in conflict with the values or operating principles of 4am Studio.

This may include requests to create content that is unlawful, misleading, deceptive or otherwise inappropriate, or circumstances where continuing the relationship would create a legal, ethical or reputational concern for 4am Studio.

Where termination occurs, all amounts owing for work completed, services provided, production and third-party costs incurred up to the date of termination remain payable.

4am Studio will not be responsible for delays caused by circumstances reasonably outside its control, including serious illness, natural events, supplier failures, internet or platform outages or other unforeseen circumstances.

Where possible, the client will be notified and a revised timeline agreed.

4am Studio will provide services with reasonable care and skill.

Nothing in these Terms is intended to exclude or limit any rights or remedies that cannot legally be excluded or limited under New Zealand law.

To the extent permitted by law, 4am Studio is not responsible for indirect or consequential loss, loss of profit, business interruption, loss of data or losses caused by third-party suppliers, platforms, software, hosting providers or information supplied incorrectly by the client.

4am Studio may update service descriptions, packages, pricing and availability from time to time.

Changes will not retrospectively alter an agreed and accepted project or order.

Changes to an existing ongoing service will be communicated to affected clients with reasonable notice.

If a concern or dispute arises, both parties agree to first attempt to resolve the matter through direct communication and in good faith.

If the matter cannot be resolved, either party may seek an appropriate formal remedy available under New Zealand law.

These Terms & Conditions are governed by the laws of New Zealand.

Nothing in these Terms is intended to exclude or restrict any rights or protections that cannot legally be excluded.

Where 4am Studio and another business agree in writing to contract out of provisions of applicable consumer legislation, this will only apply where legally permitted and where the relevant requirements are satisfied.

By accepting a quotation, proposal, welcome pack, contract, invoice, order or service, or by commencing work with 4am Studio, the client confirms that they have read and accepted these General Terms.

Specific service terms may apply in addition to these Terms.