Terms and conditions

These terms and conditions (“agreement”) are between you (“customer”) and Fox and Pencil, an Australian-based business registered under ABN 46 049 848 187. By placing an order with Fox and Pencil, you agree to the following terms and conditions. Please read them carefully.

1. Services provided

Fox and Pencil creates custom digital artwork based on photos submitted by the customer.

1.1 Standard orders

At the time of enquiry, you select:

  • The level of detail in the artwork (standard or detailed).
  • Optional add-ons including, but not limited to, physical prints, “rush” design work, and express postage.

Default deliverables and formats:

  • Artwork orientation: the orientation of both digital artwork and physical prints will be decided by Fox and Pencil unless specifically requested by the customer.
  • Digital artwork: A3 size at 300DPI resolution in both PNG and PDF formats.
  • Physical prints (if selected): 300GSM matte, slightly textured, beige card.
  • Cards: 130 mm x 130 mm
  • A4 prints: 297 mm x 210 mm
  • A3 prints: 420 mm x 594 mm

Delivery and shipping:

  • Digital artwork: typically sent to you as an attachment via email, but may also be provided by download link or other channels based on need and accessibility.
  • Physical prints:
  • Standard postage: standard postage is included in the cost of all orders within Australia.
  • Express and international postage: express postage and international postage will be charged at cost. Estimated delivery times and costs will be advised at the time of agreement.

Variations:

You may request variations to any of the above at the time of enquiry. Fox and Pencil will always try to accommodate requests, but are subject to availability and discretion.

1.2 Extraordinary orders

Customers may request bespoke digital and physical deliverables that go beyond the scope of standard orders in terms of size, complexity, format, or quantity. Examples include bulk orders, large-scale artwork, and large print runs.

All extraordinary orders are subject to availability. Enquiries can be made via hello@foxandpencil.com.

2 · Enquiry and final ORDER

Customers begin the process by placing an enquiry, which outlines their requirements. Fox and Pencil will respond with a final order, including details of:

  • the cost
  • timeline
  • format
  • other terms specific to the order

Once the customer agrees to the terms outlined in the final order, Fox and Pencil will proceed with the creation of the artwork.

3 · Artwork creation process

The artwork creation process follows these steps:

  • Initial draft: Fox and Pencil will create and submit a watermarked first draft of the artwork.
  • Customer edits: the customer is entitled to request one round of edits at no additional charge.
  • Final draft: Fox and Pencil will then provide the customer with a final draft. If additional edits are requested at this stage, they may incur extra fees, which will be specified in the final agreement.

4 · Approval process

Customers must provide feedback or approval of the draft within 5 business days of receiving it. If no response is received within this period, the artwork will be considered approved, and an invoice will be raised accordingly.

5 · Final payment

Upon the customer’s approval of the final draft, an invoice will be issued.

Payments in Australia can be made via electronic transfer as per the invoice. Payment options for international transfers will be discussed on a case-by-case basis.

Fox and Pencil will release the high-resolution, non-watermarked digital artwork (and any associated physical assets) only after payment has been received in full.

6 · refund policy

Due to the custom nature of digital artwork:

  • Digital artwork: there will be no refunds once the final payment has been received.
  • Physical prints: There will be no refunds if the customer receives a physical print that is damaged or of unsatisfactory quality. However, Fox and Pencil will gladly replace any faulty item at no additional charge.

7 · Standard formats and specifications

Unless otherwise specified in the final agreement:

  • Digital artwork: all digital artwork will be supplied in A3 size at 300DPI resolution in both PNG and PDF formats.
  • Physical prints: all physical prints will be produced on 300GSM matte card with a slight texture.

8 ·  Copyright and usage rights

Upon payment, the customer will own the digital artwork. However, the customer grants Fox and Pencil unlimited rights to use the artwork for marketing, promotional purposes unless otherwise agreed.

Fox and Pencil will clarify during the order process:

Fox and Pencil will clarify during the order process:

  • Resale rights: whether the customer allows Fox and Pencil to resell the artwork to the public.
  • Sensitive artwork: customers may request that the artwork not be shared (or faces covered) for marketing purposes due to its sensitive or personal nature (e.g., the artwork features a deceased person).

9 · Additional edits and fees

Each order includes one round of edits after the first draft is submitted. Any further edits requested after the final draft is delivered may incur additional fees. These fees will be clearly outlined in the final agreement.

10 · Turnaround time

Fox and Pencil will confirm the timeline for delivery of the artwork as part of the final agreement. A first draft of Standard Orders may take up to 7 days, with an additional 72 hours for each round of edits (post-feedback fro the customer). A first draft of Rush orders are completed within 48 hours (subject to availability), with an additional 24 hours for each round of edits.

Fox and Pencil will make every effort to meet and exceed these timeframes but does not guarantee specific delivery times unless explicitly stated in the final agreement.

11 · Delivery (physical items)

  • Standard postage: standard postage is included in the cost of all orders within Australia.
  • Express and international postage: express postage and international postage will be charged at cost. Delivery times and costs will be confirmed before shipping.

12 · Cancellations

Customers are entitled to cancel their order at any time before payment is made. If the agreement included usage rights, Fox and Pencil reserve the right to use any artwork created.

13 · Limitation of Liability

Fox and Pencil will not be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the services, even if Fox and Pencil has been advised of the possibility of such damages.

14 · Force majeur

Fox and Pencil will not be held liable for delays or failure to fulfil any obligation under this agreement due to causes beyond its reasonable control, including but not limited to natural disasters, war, strikes, or interruptions to internet services.

15 · Governing law

This agreement is governed by the laws of the State of Victoria, Australia. Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts of Victoria.

16 · Amendments

Fox and Pencil reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms on the Fox and Pencil website or notifying the customer. Customers are responsible for reviewing any updates to the agreement. Continued use of Fox and Pencil services following any changes constitutes acceptance of those modifications.