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.
Fox and Pencil creates custom digital artwork based on photos submitted by the customer.
At the time of enquiry, you select:
Default deliverables and formats:
Delivery and shipping:
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.
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.
Customers begin the process by placing an enquiry, which outlines their requirements. Fox and Pencil will respond with a final order, including details of:
Once the customer agrees to the terms outlined in the final order, Fox and Pencil will proceed with the creation of the artwork.
The artwork creation process follows these steps:
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.
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.
Due to the custom nature of digital artwork:
Unless otherwise specified in the final agreement:
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:
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.
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.
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.
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.
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.
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.
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.