Rules for Paid/Commercial Projects

These Rules for Paid/Commercial Projects should be read with the Common Terms of Use and the Special Terms and Conditions for TheDesignLab Site (which these Rules for Paid/Commercial Projects form a part of). Capitalised Terms have the same meaning given in those documents, unless otherwise indicated.

1 Paid/Commercial Project Rules and Instructions

1.1 Briefs and Requirements.

(a) In using TheDesignLab Service, Client must prepare and post to TheDesignLab Site its Requirements in a Brief. Client is solely responsible for the Requirements.

(b) Client must submit its Requirements in the applicable section of the Brief. Important Requirements must be included in the “Must Have” section of the Brief and must be specific and be able to be verified objectively (including, by way of example, colour, text and layout) (“Concrete Requirements”).

(c) Designer must ensure that each of its Submissions must satisfy the applicable Concrete Requirements.

1.2 Project Type. Each Project posted by Client must be either a “Multiple Designer Project” or a “One Designer Project”, as described below.

(a) Multiple Designer Project. In a Multiple Designer Project Contest, Client may receive multiple Works from different Designers / Creatives. There are two types of Multiple Designer / Project competitions, namely:

(i) Non-Guaranteed: Here, Client may select and purchase a Work from the Work(s) submitted by the Designer(s) / Creative(s) to the Project, thereby signalling it is appropriate for TheDesignLab to release the applicable Project Budget (subject to the deduction of the Commission Fees) to the Designer who submitted that Winning Work; or

(ii) Guaranteed: Here, Client must select and purchase a Work from the Work(s) submitted by the Designer(s) to the Project, thereby releasing the applicable Project Budget (subject to the deduction of the Commission Fees) to the Designer who submitted that Winning Work.

(b) One Designer Project. In a One Designer Project, Client may:

(i) invite a particular Designer to work with them on a project or have a suitable Designer appointed by TheDesignLab;

The Designer must proceed to create the relevant Works described by the Client Brief.

Where TheDesignLab appoints a Designer to a One Designer Project and that Designer accepts the invitation to work with the Client, the Designer must proceed to create the relevant Works described by the Client’s Brief.

1.3 Project Budgets.

(a) Multiple Designer Project. In a Multiple Designer Contest, the Project costs are set out, as per the Pricing schedule, on TheDesignLab site.

(b) One Designer Projects. In a One Designer Project, the Project costs are set out, as per the Pricing schedule, on TheDesignLab site.

1.4 Time frames and Deadlines for Submissions for Multiple Designer. Following an official booking via TheDesignLab site, the Project will be launched and the Brief will be sent to the Client’s chosen Designer/s on the TheDesignLab Site (provided that the payment has been cleared by one of Our third party payment providers). The Project will be ‘open’ for 7 Days, or for a shorter time as determined by the Client.  In this instance, the Client agrees to pay the ‘rush’ fee. A Project’s duration may be extended by the agreed decision of the Client and Designer, in consultation with TheDesignLab management.

1.5 Procedure and Deadlines for Selecting a Work for a Multiple Designer Contest. For all Multiple Designer Contests, Client must select a Winning Work in accordance with the following:

(a) Within 7 days of the Project being launched by Client, or within the time allocated by a rush fee, or within a time allocated in accordance (and in writing) between the Designer and the Client.

For Guaranteed Multiple Designer Project competitions, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and where the Project Budget was submitted upfront (and cleared funds received), We may award the Project Budget to a Designer  of Our choice or may divide the Project Budget between all Designers that submitted Works for the relevant Project. If We select one Designer on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer – Client Contract.

(d) For Refundable Multiple Designer Contests, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and a refund is not requested by the Client within the time limit specified by our refund policy, We may award the Project Budget to a Designer of Our choice or may divide the Project Budget between all Designers that submitted Works for the relevant Project. If We select one Designer  on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer – Client Contract.

1.6 Procedure and Deadlines for Selecting a Work for a One Designer Project. For all One Designer Projects, Client must adhere to the following:

(a) Where the Project is “Guaranteed”, prior to the date 7 days after the project has launched in a One Designer Project Submissions, Client must approve the Work (unless a rush fee has been paid or another time frame agreed to in writing by the Designer and Client);

(b) Where the Project is “Refundable”, prior to the date 7 days after the Project has launched in a One Designer Project, Client may approve the Work (unless a rush fee has been paid or another time frame agreed to in writing by the Designer and Client);

1.7 Reviewing Submissions. Client is responsible for reviewing all Submissions provided by Designers through TheDesignLab AU Site in response to each Brief posted by Client.

1.8 Revisions. Client may request Revision(s) to the Work(s) which must be undertaken by Designer in accordance with the following:

(a) where Designer Submissions do not satisfy the Concrete Requirements of the Client Brief, Designer must revise the Work at last two (2) times, or as specified by TheDesignLab management, in consultation with the Client and Designer.

(b) Client may request Revisions and Designer may (at its discretion and without obligation) perform the requested Revisions. Client may also request major changes to its Submissions and Designer may (at its discretion) undertake any such changes; and

(c) for the avoidance of doubt:

(i) requests for a completely new concept will constitute a major change and is considered a major revision (and not a Revision); and

(ii) Designer must not commence any major revision work without the approval of TheDesignLab management.

1.9 Payment. Where the Deadline for Approving the Work has elapsed, We may release payment to the Designer who has been selected as the winner of a Multiple Designer Contest, or chosen in a One Designer Project except where the Client is eligible for and requests a refund within the time limit specified by our refund policy.

2 Our Refund Policy

View our refund policy