Terms of Service

1. Agreement and authority

In these Terms, “Freckleart”, “we”, “us” and “our” mean Freckle Art Pty Ltd (ABN 27 670 636 110). These Terms apply when you submit a concept, request or accept a quote, or instruct Freckleart to provide services. If you act for a business or another person, you confirm that you have authority to bind them. You also confirm that the concept has received the internal brand approvals required to proceed as the fixed visual direction. Online quote acceptance is verified through a one-time code sent to the nominated approver and records the accepted quote number, amount, scope, Terms version, approver and time. The confirmation email is Freckleart’s written acknowledgement that the acceptance was recorded.

2. Service scope and reconstruction limitations

Freckleart rebuilds an approved concept as editable, technically prepared packaging artwork using the customer’s instructions and supplied production requirements. The result is a visually faithful, production-ready reconstruction, not an exact pixel-for-pixel copy. Rendered images, lighting, gradients, textures, shadows and product details may need to be recreated, simplified or adjusted and may differ from the concept. Live text may use a suitable commercially licensed alternative when the concept font cannot be identified, supplied or legally used.

Unless expressly included in the written quote, the service does not include:

• developing or changing the approved design;
• creating or redesigning a back-of-pack layout;
• structural packaging or dieline creation;
• copywriting, legal review, trademark clearance or regulatory approval;
• purchasing images, fonts or other third-party licences;
• printing, manufacturing, product testing or certification; or
• additional SKUs, sizes, languages or variants.

3. Concept and risk screening

The Asset & Brand Risk Screen is a practical, preliminary review for identifiable image, font, logo and trademark concerns. It is not comprehensive legal clearance. A flagged match is not a finding of infringement, and no identified match does not prove ownership, originality or permission to use an asset. Freckleart may require evidence, a replacement asset or professional advice, or may decline the work.

4. Customer warranties and responsibilities

You warrant that you are authorised to submit the concept and that you or your business own, or will obtain before production, all rights, licences, releases and permissions required to reproduce and commercially use the supplied material. You are responsible for:

• images, fonts, logos, names, artwork, generated material and brand elements;
• checking product and brand names in every intended market;
• all copy, claims, ingredients, allergens, nutrition information, barcodes, warnings, addresses and mandatory label content;
• the accuracy and legal or regulatory compliance of all approved content; and
• obtaining specialist legal, regulatory or compliance advice when required.

5. Production requirements

Production timing does not begin until Freckleart has received and confirmed the final product code, current printer-supplied dieline and print specifications, approved and compliant label content, usable production assets, number of colours, finishes and their specific application areas, and any agreed payment. An approved back-of-pack concept, an existing approved pack reference, or a layout supplied by the customer’s designer is also required where back-of-pack artwork is needed. If a complete back-of-pack reference is unavailable, additional layout work, customer decisions, proofing and fees may be required. Timing pauses while information, assets, decisions or feedback remain outstanding.

6. Proofs and approval

The quoted service includes the initial proof and up to two consolidated customer change rounds unless the written quote states otherwise. One returned list of changes counts as one round, regardless of the number of individual changes listed. Feedback from all stakeholders must be combined before submission. Additional rounds and design or scope changes may be charged separately.

You must nominate an authorised proof approver. Online decisions are verified through a one-time code sent to that person’s recorded email address. The nominated approver must carefully review each proof. Final approval confirms acceptance of the content, spelling, product information, placement, barcode details, colours, finishes, font substitutions, reconstructed imagery, visual differences from the supplied concept and overall artwork, and authorises final file preparation and release for print. Freckleart remains responsible for providing the agreed service with due care and skill. Customer approval does not remove rights that cannot legally be excluded.

7. Printer and physical production

Freckleart prepares digital artwork but does not control printing or manufacturing. The customer and nominated printer are responsible for confirming substrate, inks, colour tolerances, trapping, separations, finishing, machine requirements and physical production. Digital proofs and visual renders do not guarantee an exact press result. Press proofs or production trials should be arranged where appropriate.

8. Fees, changes and cancellation

Indicative website ranges are not fixed quotes. Fees, deposits, payment timing, included change rounds and delivery timing are set out in the written quote. Work beyond the accepted scope, including design changes, additional SKUs, missing back-of-pack development or additional change rounds, may require a revised quote. A revised quote must be accepted before the changed work proceeds. Amounts already earned and committed third-party costs are payable if a project is cancelled.

9. Intellectual property

You retain rights in material you supply. You grant Freckleart a limited licence to store, assess, reproduce and adapt that material only as needed to provide the requested services. Subject to full payment, you receive the agreed final deliverables. Third-party material remains subject to its original licence, and Freckleart retains ownership of its pre-existing methods, templates, tools and know-how.

10. Confidentiality and privacy

Freckleart will use reasonable measures to keep non-public project material confidential and will use and disclose personal information as described in the Privacy Policy. Confidentiality does not apply to information already public, independently developed, lawfully received from another source or required to be disclosed by law.

11. Indemnity

To the extent permitted by law, you indemnify Freckleart against third-party claims, losses and reasonable costs to the extent caused by material, instructions or approvals you supplied, or by your breach of the rights and compliance warranties in these Terms. This indemnity does not apply to the extent a loss was caused by Freckleart’s breach, negligence or unlawful conduct.

12. Liability

Nothing in these Terms excludes rights or remedies that cannot legally be excluded, including applicable Australian Consumer Law guarantees. To the extent permitted by law, Freckleart is not liable for indirect or consequential loss, lost profit, lost revenue, product recall, manufacturing, distribution or reprint costs. Where the law permits liability to be limited, Freckleart’s liability is limited, at its option, to supplying the affected service again or paying the reasonable cost of having it supplied again.

13. Refusal, suspension and termination

Freckleart may refuse, pause or terminate a project where required information is missing, requested use appears unlawful or high risk, a rights concern remains unresolved, payment is overdue, or the work falls outside the defined rebuild service. We will give reasonable notice where circumstances permit.

14. Governing law and questions

These Terms are governed by the laws of New South Wales, Australia. Before commencing formal proceedings, each party will first attempt in good faith to resolve the dispute directly. Questions may be sent to hello@freckleart.com.au.