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D 0 1 0 5 D i p l o m a o f
G r a p h i c D e s i g n
Assessment 2: Negotiated briefs and report
SP5 BSBDES502A - Establish, negotiate and
refine a design brief
O C a s s e s s m e n t c o d e : 3 0 5 3 5 / 0 2
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© Open Colleges Pty Ltd, 2014
By Co l l e e n Se dg w i c k
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student forums throughout the module.
Elements and critical aspects
Assessment for this unit of competency is comprised of:
•	 30535/01 Assessment 1 Portfolio
You will be assessed on your understanding of
•	 Establishing design requirements
•	 Developing and refining a design brief
•	 Negotiating terms and conditions
Assessment overview
Introduction
You are required to complete the Assessment 1 Negotiated briefs and
report, which includes:
•Reviewing the initial case studies A and B
•Completing all of the progress challenges related to the case studies in parts A
and then B
•Creating a report in Part C of the process for both responses to brief, including:
•	 Establishing design requirements
•	 Developing and refining the design brief
•	 Negotiating terms and conditions
File naming
Once you feel confident that you have covered the learning materials for this unit,
you are ready to attempt this assessment.
To help Open Colleges manage your assessment, please use the following file-
naming convention: [student number]_[assessment]_[assessment number].doc for
example 12345678_21850a_01.doc.
Assessment submission
When you are ready to submit your assessment, upload the file in OpenSpace
using the Assessment Upload links in the relevant study period of your course.
The Student Lounge provides a ‘Quick Guide to Uploading Assessments’ if you
need further assistance. Uploading assessments in OpenSpace will enable Open
Colleges to provide you with the fastest feedback and grading on your assessment.
It is important that you keep a copy of all assessment materials submitted to Open
Colleges.
Tips
We strongly recommend you complete all activities and engage in the
Assessment 1
Negotiated brief and report
Case study A
You are currently working as a freelance graphic designer and have
been contacted by a friend of a friend from Channel 9 News hair and
makeup. Having worked in the fashion industry as a professional make-
up artist for over ten years, Matthew and his business partner Michelle
have decided to start their own beauty blog.
They have a web development company who will be taking care of the
build using Word press but the theme can be highly customized. You
have been approached to quote on designing the core ten pages of the
site, but apart from the home page Matthew really isn’t sure about the
specifics and doesn’t have a brand or even a logo yet.
You will need to use the skills you’ve learned in the module to step the
client through the process leading up to an agreed brief, along with
terms and conditions. Core steps include:
•	 Establishing design requirements
•	 Developing and refining the design brief
•	 Negotiating terms and conditions
The client has asked for two separate quotes and detailed list of agreed
requirements for:
•	 Logo with branding requirements
•	 Website design
You must treat each project separately. Progress challenges 1-3 will
help guide you through the process in Part A. In Part B, you will need
to step through the same steps yourself in a single challenge, and fi-
nally you will need to produce a report of the process for both refined
briefs in Part C.
Michelle insists the branding should use a shade of pink, pointing
out the logo for http://glammeup.com.au, while Matthew is keen to
see something more slick like http://www.viviensmodels.com.au and
http://explore.calvinklein.com/en_US/explore.
Assessment overview
Introduction
You are required to complete the Assessment 1 Negotiated briefs and
report, which includes:
•Reviewing the initial case studies A and B
•Completing all of the progress challenges related to the case studies in parts A
and then B
•Creating a report in Part C of the process for both responses to brief, including:
•Establishing design requirements
•Developing and refining the design brief
•Negotiating terms and conditions
File naming
Once you feel confident that you have covered the learning materials
for this unit, you are ready to attempt this assessment.
To help Open Colleges manage your assessment, please use the fol-
lowing file-naming convention: [student number]_[assessment]_[as-
sessment number].doc for example 12345678_21850a_01.doc.
Assessment submission
When you are ready to submit your assessment, upload the file in
OpenSpace using the Assessment Upload links in the relevant study
period of your course. The Student Lounge provides a ‘Quick Guide
to Uploading Assessments’ if you need further assistance. Uploading
assessments in OpenSpace will enable Open Colleges to provide you
with the fastest feedback and grading on your assessment.
It is important that you keep a copy of all assessment materials
submitted to Open Colleges.
Tips
We strongly recommend you complete all activities and engage in the
student forums throughout the module.
Elements and critical aspects
Assessment for this unit of competency is comprised of:
•	 30535/01 Assessment 1 Portfolio
Case Study B
Once the logo and branding requirements have been costed, you have
also been asked to quote and refine a secondary brief on the website
design. In the initial conversation, the client explains they definitely
want ten pages designed but that she’s not sure how interactive each
should be. Some of the core requirements Michelle highlights are:
•	 Ten pages
•	 Some pages more interactive than others
•	 A contact page
•	 Home page with drop-down menu, footer and banner that rotates only on
click
•	 Regularly-updated video content on another page
•	 A gallery page
•	 Terms & Conditions page
•	 Most importantly, the other pages need to be different categories in a blog
format
As a general style, she has pointed out that she likes the colours from
http://glammeup.com.au and the style and simplicity of http://www.
vogue.com.au and http://grittypretty.com/home/.
The ‘client’
For the purpose of this assessment, you are required to work online
with a friend, colleague or peer who will role play throughout the
development process as ‘Michelle’ or ‘Matthew’, hereafter referred to
as the ‘client’.
Assessment Part A
Logo and branding brief
Nature of task: Develop and document skills and
knowledge of all course content.
Location for assessment: Own time
Supervision: Trainer
Word count: 750
Required
You are required to complete Progress challenges 1-3, integrating any
feedback from peers or your trainer for final submission.
Recommended
•	 Complete all activities and self-checks
•	 Engage in forum discussions
Summary
•	 Save your final work as a PDF for final submission.
•	 We recommend that you use InDesign to collate your work, but you may
choose an alternate technology
Activity Progress challenge 1:
Establishing design requirements
Refer to Case Study A	
You are required to work online with a friend, colleague or peer who
will role play throughout the development process as ‘Michelle’ or
‘Matthew’, hereafter referred to as the ‘client’.
You are required to:
1.1.	 Identify the ‘client’ to whom you will present work and ideas throughout
the process. Keep a record of all communication, which you will incorporate
into your final report in Part C. All decisions and feedback must incorporate and
relate back to the original client notes in the initial case studies A and B, as well as
feedback received from communications with the ‘client’.
1.2.	 Identify and source information and references relevant to the design
project.
1.3.	 Critically analyse and then reflect upon the research you collate, noting key
decisions this should help inform. 100 words.
1.4.	 Navigate to the Additional Resources page on OpenSpace to download the
QUESTIONNAIRE PDF. Send these questions to the ‘client’ and keep a record
of this communication, and how this informs the objectives and parameters of the
brief. 50 words.
1.5	 Send a secondary email follow-up to the ‘client’ to clarify any responses in
the QUESTIONAIRE that could be ambiguous. 50 words.
1.6.	 To ensure clear understanding of requirements, send a follow-up email to
the ‘client’ with a short PowerPoint presentation (as PDF) with an overview of
your understanding of the design requirements.
1.7     Reflect upon the negotiate refinement of the design requirements. 100
words.
Refer to Case Study A
Navigate to the Additional resources page to download
Case_study.pdf and QUESTIONNAIRE.pdf.
You are required to work online with a friend; colleague or peers who will role-play
throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred
to as the ‘client’.
You are required to:
1.1. Identify the ‘client’ to whom you will present work and ideas throughout the
process. Keep a record of all communication, which you will incorporate into your
final report in Part C. All decisions and feedback must incorporate and relate back
to the original client notes in the initial case studies A and B, as well as feedback
received from the ‘client’.
1.2. Identify and source information and references relevant to the design project.
1.3. Critically analyse and reflect upon the research you collate, noting key decisions
this should help inform. 100 words.
1.4. Navigate to the Additional Resources page on OpenSpace to download the
QUESTIONNAIRE PDF. Send these questions to the ‘client’ and keep a record
of this communication, and how this informs the objectives and parameters of the
brief. 50 words.
1.5. Send a secondary email follow-up to the ‘client’ to clarify any responses in the
QUESTIONAIRE that could be ambiguous. 50 words.
1.6. To ensure clear understanding of requirements, send a follow-up email to the
‘client’ with a short PowerPoint presentation (as PDF) with an overview of your
understanding of the design requirements.
1.7. Reflect upon the negotiate refinement
Answers
Section 1.1: Establish design requirements
Case study A
You are currently working as a freelance graphic designer and were contacted by a
friend of a friend from Channel 9 News hair and makeup. Having worked in the
fashion industry as a professional makeup artist for over ten years, Matthew and
his business partner Michelle have decided to start their own beauty blog.
They have a web development company who will be taking care of the build using
Word press but the theme can be highly customised. You have been approached to
quote on designing the core ten pages of the site, but apart from the home page,
Matthew really is not sure about the specifics and does not have a brand or even
a logo yet.
You will need to use the skills you have learned in the module to step the client
through the process leading up to an agreed brief, along with terms and conditions.
Core steps include:
a. Establishing design requirements
b. Developing and refining the design brief
c. Negotiating terms and conditions
The client has asked for two separate quotes and detailed list of agreed requirements
for:
1. Logo with branding requirements
2. Website design
You must treat each project separately. Progress challenges 1-3 will help guide you
through the process in Part A. In Part B, you will need to step through the same
steps yourself in a single challenge, and finally you will need to produce a report
of the process for both refined briefs in Part C.
E s t a b l i s h d e s i g n r e q u i r e m e n t s
Michelle insists the branding should use a shade of pink, pointing out the logo
for http://glammeup.com.au, while Matthew is keen to see something slicker, like
http://www.viviensmodels.com.au and http://explore.calvinklein.com/en_US/
explore.
Section 1.3 – Analysis and Reflection
Messages I am getting from these requirements
Michelle’s requirements are very specific in terms of the website or blog.
However, Michelle and Matthew have very different requirements in terms of the
mood – fonts, colours, layout etc for their branding.
Section 1.4: Communications
My email would be as follows:
Dear Michelle and Matthew,
Thank you for your enquiry about my graphic design services c/o Sedgie Art.
I have attached a Creative Brief form and a questionnaire for your perusal. Please attach them to
your reply after answering.
Sincerely,
Colleen Sedgwick
https://csedgwick67.myportfolio.com/projects
PO Box 664
LANE COVE NSW 2066
Ph: 02 9418 9441
Email: csedgwick67@outlook.com.au
Questionnaire for Matthew and Michelle
In reply to:
From:	 Michelle Gambino
TO:	 Colleen Sedgwick <csedgwick67@outlook.com.au>
CC:	 Matthew Hadley <mhadley@gmail.com.au>
Date:	 Sunday, 2 October 2016, 9:32:15 AM
Subject:	 Request for Design Services
Good morning Colleen,
I have seen your work on your Behance/My Portfolio site and I must say I am
very impressed.
My business partner, Matthew Hadley, and I are ex-employees from Channel 9
who are hoping to start our own make-up and beauty business.
We are hoping to find someone to design a logo for us, and help us start a
website/blog offering make-up, beauty and fashion tips. Think of it as a new
branding exercise.
We are seeking advice on new colour schemes, fonts, layouts that will make
our brand look good; our target audience includes those with an interest in
fashion, beauty and makeup, with a particular focus on career women aged in
their 30’s and 40’s. While I like my colour scheme to include shades of pink and
orange, Matthew has stated he prefers something more slick and masculine, and
appealing to men of a similar age bracket.
I am looking at Word Press as my preferred blog platform, and Vogue, Glam Me
Up and Gritty Pretty inspire me. In contrast, Matthew gains his inspiration from
Calvin Klein and Vivien’s Models.
Anyway, I look forward to your thoughts on this matter and I hope to hear from
you soon.
Sincerely,
Michelle Gambino
Michelle’s and Matthew’s Make-up and Beauty
Section 1.5: Second email
My email would be as follows:
Email Communications 02
From: Colleen Sedgwick <csedgwick67@outlook.com.au
TO:	 Michelle Gambino <mgambino@iinet.com.au>
CC:	 Matthew Hadley mhadley@gmail.com.au
Date:	 Sunday, 2 October 2016, 10:00:03 AM
Subject:	 Request for Design Services
Dear Michelle and Matthew,
Thank you for filling out the questionnaire and form.  
I understand the requirements for the website and the logo, however, I am a little unsure as to
what you wish for as I am getting two different requirements for your colour schemes, layout and
type (e.g. pink and feminine vs. slick and masculine).
I personally think that something that is a cross between the blog styles of Glam Me Up, and
Vogue would be suitable and feel that Gritty Pretty sits somewhere between those two styles. I
would therefore recommend this style for your blog.
Please let me know your thoughts on the matter.
Sincerely,
Colleen Sedgwick
https://csedgwick67.myportfolio.com/projects
PO Box 664
LANE COVE NSW 2066
Ph: 02 9418 9441
Email: csedgwick67@outlook.com.au
In reply to:
From:	 Michelle Gambino <mgambino@iinet.com.au>
TO:	 Colleen Sedgwick csedgwick67@outlook.com.au
CC:	 Matthew Hadley mhadley@gmail.com.au
Date:	 Monday, 3 October 2016, 7:54:07 PM
Subject:	 Request for Design Services
Hi Colleen,
I have enclosed the answers to your questionnaire. Please let me know if you
have any queries.
Sincerely,
Michelle Gambino
Michelle and Matthew’s Makeup and Beauty
Appendix
PO Box 664
LANE COVE NSW 2066
Ph: 02 9418 9441
Email: csedgwick67@outlook.com.au
Questionnaire
Your Personal Details.
What is your name?
	Michelle Gambino
	Matthew Hadley
What are your contact details?
Michelle:
	Mobile: 0419 224 335
	Email: mgambino@iinet.com.au
Matthew:
	Mobile: 0419 778 889
	Email: mhadley@gmail.com.au
Your website Details.
What is the purpose of this website?
	We are hoping it will be a blog site, which will offer different tips on
beauty, hair and makeup, the exact details – TBA (to be advised).
	What types of people are going to be using your site? (Be specific)
	We expect most people who are interested in fashion and beauty. More
specifically, we cater towards professional women in from their late 20’s
to their late 40’s; this will be our core audience.
	Matthew: I am hoping to cater for males of a similar age bracket and
socio-economic status.
Who are your main competitors? (Links to their websites are fine):
	These include Vogue, Glam Me Up, Calvin Klein, Gritty Pretty and
Vivien’s Models.
	These include other professionals in the beauty and fashion industries.
Your branding and logo.
What are your branding and logo requirements? (Colour schemes,
examples fonts, etc)
	Michelle: I prefer bright and feminine appearance and pinkish colours,
and either serif or sans serif fonts will do. This should be similar to
Glam Me Up.
	Matthew: I like a more slick and masculine look like Calvin Klein – I am
hoping this would appeal to male clientele.
Your content.
What is the content required for your site? (Please provide separately
as a set of files.)
Site content notes (include any links/notes).
We hope this will include:
	A logo to be used in the banner, header and website – this should be a
jpeg, svg or png file.
	Content notes, including notes and links on web pages and blog entries.
	Ten pages;
	More interactivity on some pages than others;
	A contact page;
	A home page with a drop-down menu, footer, and a banner that rotates
upon clicking;
	A page with video content that can be easily and regularly updated;
	A gallery page;
	A ‘Terms and Conditions’ page;
	Other pages for different categories in a blog format.
	Related file names provided separately (images/videos): These include
JPGs, svgs, pngs for stills; avi’s, mpegs for video files; text files include txt
(WordPad), and docs (word).
Additional notes regarding the logo and website?
	Glam Me Up was designed in 2011 by Web Design Café;
	Gritty Pretty is founded by beauty editor Eleanor Pendleton.
	Vivien’s Models was designed (and last updated in 2016) by James
Hodgson.
Section 1.6 – follow up/confirmation email
My email would be as follows:
Email Communication 03
From: Colleen Sedgwick <csedgwick67@outlook.com.au
TO:	 Michelle Gambino <mgambino@iinet.com.au>
CC:	 Matthew Hadley mhadley@gmail.com.au
Date:	 Sunday, 2 October 2016, 10:00:03 AM
Subject:	 Request for Design Services
Dear Michelle and Matthew,
Thank you for your thought on my recommendations and I am glad there is some agreement on
the formatting and style of the logo and the blog.
I have attached a short presentation of your requirements for your perusal. Let me know if you
are happy with the outcome and I will give my design staff the go-ahead.
Sincerely,
Colleen Sedgwick
https://csedgwick67.myportfolio.com/projects
PS: I have two extra styles in mind I think you will like (in addition to Gritty Pretty): one is Vogue
India, another is through Creative Bloq. Let me know if you like these also.
PO Box 664
LANE COVE NSW 2066
Ph: 02 9418 9441
Email: csedgwick67@outlook.com.au
In reply to:
From:	 Michelle Gambino <mgambino@iinet.com.au>
TO:	 Colleen Sedgwick csedgwick67@outlook.com.au
CC:	 Matthew Hadley mhadley@gmail.com.au
Date:	 Monday, 3 October 2016, 7:54:07 PM
Subject:	 Request for Design Services
Hi Colleen,
I am sorry about the confusion – I am happy for a compromise between Matthew’s and my own
ideas.
Sincerely,
Michelle Gambino,
Michelle’s and Matthew’s Makeup and Beauty
Activity Progress challenge 2:
Develop and refine the design brief
Refer to Case Study A
Navigate to the Additional resources page to download Case_study.
pdf.
You are required to work online with a friend, colleague or peer who
will role play throughout the development process as ‘Michelle’ or
‘Matthew’, hereafter referred to as the ‘client’.
You are required to:
2.1.	 Create your own design for a formal design brief that you will use to
present your final concepts to the client for approval. Keep a record of this draft
with bullet points of initial notes and ideas that reflect the client objectives and
parameters. 50 words.
2.2.	 Critically analyse and challenge the initial brief requirements, drawing
on research and ideas that will ensure you can respond to project needs as they
emerge throughout. 100 words.
2.3.	 Prepare a short presentation of various options that take into account
your own analysis and earlier responses from the ‘client’.
2.4.	 Show evidence of discussions and feedback from the ‘client’ regarding
your new presentation. This may include, but is not limited to, recording of a
Skype conversation, screenshots of forums interaction or email correspondence.
Consider and reflect upon how this has informed your choices. 50 words.
2.5.Incorporate feedback into your formal design brief, and write a short
reflection of how you have re-evaluated your assumptions. 50 words.
2.6.Send a final Sign-off form to the client to establish any final notes and show
agreement on the formalised design brief. 50 words.
In your finalised design brief for sign-off, you must show evidence
of:
2.7. How creative thinking skills informed your refinement of the brief.
2.8 Research and evaluation of a wide range of source materials.
2.9 Application of problem-solving skills in incorporating client requirements
and feedback into your finalised brief
Answer
Section 2.1 – Creative Brief Template
This is just an initial template for the form in which the client is to fill out.  Here
are the pages.
Section 2.2 – Challenges to initial brief requirements
The brief requirements were as follows:
I first thought I should merge these two styles – the bright and feminine and the
slick and masculine - into one ‘eclectic’ style.
However, both partners may have different ideas to what I am proposing, or one
partner gives all creative control to the other.
The positive’s of this is that whoever has contributed more and had more cre-
ative input would have more say, as they would have a better idea; the drawback is
that the less dominant partner may have less creative freedom in the project.
I want to try to give both team members an equal say as much as possible.
Section 2.3 – Presentation
See attached document
Develop and refine the design brief
Activity Progress challenge 3:
Negotiate terms and conditions
Refer to Case Study A
Navigate to the Additional resources page to download Case_study.
pdf.
You are required to work online with a friend, colleague or peer who
will role play throughout the development process as ‘Michelle’ or
‘Matthew’, hereafter referred to as the ‘client’.
You are required to:
3.1.	 Propose terms and conditions pertinent to the finalised design brief.
Include evidence of communication and approval. 100 words.
3.2.	 Document how you and the ‘client’ will interact throughout the design
process. Note the roles and responsibilities of each. 50 words.
3.3.	 Request and keep a record of a list of roles and responsibilities in a short
project management plan, with communication showing client authorisation. In
the plan you must complete a list of projected costings.
In your finalised terms and conditions for sign-off, you must show evidence of:
3.4.	 Identification of the need for and specialist advice on developing, formal
agreements or contracts where appropriate
3.5 Numeracy skills to develop realistic costings for realisation of the design
concept
3.6 Planning and organisational skills to guide and coordinate the process of
negotiating and finalising the design brief.
Section 3.1 – Terms and conditions1
On the subsequent pages, I proposed various Terms of service (see
pages 19-26). The website Terms and Conditions are on page 32
(mainly because I believe them to be most relevant to Part B). The
three main purposes of having Terms and Conditions are to:
1.	 Prevent abuses of service;
2.	 Limit liability;
3.	 Establish content ownership.
Terms and conditions should include:
1.	 User information and privacy policy;
2.	 Rules for account use;
3.	 Notice of agreement;
4.	 Privacy statement;
5.	 Accuracy warning;
6.	 Intellectual property;
7.	 Advertiser-client relationship;
8.	 Payment policies;
9.	 Shipping policies;
10.	 Termination clauses;
11.	 Notification of changes.
Section 3.2 – Roles and Responsibilities of Consultant
and Client
I understand the main the artist must complete work to a satisfactory
standard, within an agreed upon period.
The client agrees to the Terms of Service, as stated by the consultant
and according to the laws of the country or region, and must pay the
1	 Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://wikihow.
com/Write-Terms-and-Conditions, accessed 8th October, 2016 at 2:06pm;
costs.
A failure to pay for goods and services results in either the client getting
nothing, or the Contract being terminated.
Section 3.3 – Documentation
The following documents are necessary:
1.	 Copies of the Terms and Conditions;
2.	 Letters of Agreement (for smaller scale jobs)2
;
3.	 Financial documents – invoices, credit notes, receipts;
4.	 Agreements regarding Work for Hire; Designer Sample Contract;
Consulting agreement for hourly work; Short form design contract and Contract
of Works for Web Design3
.
Section 3.4 – Specialist advice
So far, the sources of reference are based on U.S. consumer law
and may (or may not) apply internationally. Hence, I might have to
address any legal issues I may have with the Australian Authorities (i.e.
Australian Copyright Council) and I may need to consult with a lawyer
who specialises in Copyrights and patents in Australia. An example is
Legal Vision4
.
Section 3.5 – Costing
•	 Budget – up to $10,000
•	 Labour costs – $25-30 per hour
•	 Projected amount of time – up to 3 months
•	 Total Labour Costs - [number of hours worked] x [amount per hour]
2	 Myers, J C (2012), ‘Contracts – Full Terms and Conditions’ in Web Design Law, http://
webdesignlaw.com/contracts/full-terms-and-conditions.html
3	 ‘Myers, J C (2012), Letter of Agreement’ in http://webdesignlaw.com/contracts/let-
ter-of-agreement.html, accessed Tuesday, 11 October 2016 at 11:44:12 PM
4	 Legal Vision (2016): Online Legal Services - Affordable and Easy; https://legalvision.
com.au/;
Negotiate terms and conditions
•	 Logo design – $30 (includes up to 6 different logos)
•	 Website design (cost of website template)
Section 3.6 – Schedule
Possibly up to three months
Work back schedule (see example below) – something like this will be in use.
30535a – Progress Challenge 03
Terms and Conditions for Sedgie Art1
Dear customer,
Please read this statement in regards to the policies outlined below.
Purchase of Goods2
Most of Sedgie Art’s good are sold online via the following websites:
•	 RedBubble:http://www.redbubble.com/people/sedgieart;  and
•	 CafePress:http://www.cafepress.com.au/sedgieart;
This means you agree to abide by the usage and purchase policies as stated by
Sedgie Art and the aforementioned websites.
Payment
All payments are due upon receipt. If Sedgie Art does not get any payments (or the
payment method is declined), you (the consumer) forfeits any ownership of any
items purchased and the item will not be shipped.
Shipping Policies
Sedgie Art ships our items via a third party. You, the buyer, must pay for the
shipping, in the amount agreed upon by the Sedgie Art at the time of purchase. If
an item is lost during shipping, the total cost of item, including shipping, will be
refunded to you. Shipping costs may double if shipping internationally. If an item
is damaged during shipping, Sedgie Art will not be held responsible.
Refund/Return Policy
Items can be refunded or returned based on complaint. If an item is damaged
1	 See also Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://
wikihow.com/Write-Terms-and-Conditions, accessed 8th
October, 2016 at 2:06pm
2	 Original document c/o from Sandvick, C M (2016): Sample Terms and Conditions; in
Wikihow: http://www.wikihow.com/images/sampledocs/q/Terms-and-conditions.pdf; accessed
8th
October 2016 at 2:10pm
during shipping, a replacement item will be sent free of charge. If an item is
unsatisfactory, a written explanation is necessary before the item may be considered
for a refund.
Buyer must take into account the description of the item before requesting a refund.
If the item matches the description by the seller and the buyer is unsatisfied, seller
is not responsible for refund.
We grant exchanges on a case-by-case basis.
Cancellation
An item may be cancelled up until payment has been processed. Once payment has
been processed, the buyer is responsible for payment.
Complaints
Any complaints about items can be sent to this address: csedgwick67@outlook.
com. There is no guarantee of a resolution. Each case will be looked at individually,
and the other parties be in contact as well.
Legalities
Sedgie Art is not responsible for any health or safety concerns once the buyer has
received the item. If any harm is incurred from the items purchased by the buyer,
the seller shares no responsibility.
These terms and conditions are subject to change.
I have read and agree to the terms and conditions.
Work for hire agreement4
This is an Agreement between Colleen Sedgwick, hereinafter Artist, normally
doing business at  Lane Cove and Company, hereinafter Creative Firm, normally
doing business at (insert location here).
This Agreement covers the preparation of (project) further described in (project)
and submission of ideas and materials therefore.  Artist will receive a total fee of
$ amount upon satisfactory completion.  Artist will deliver to Creative Firm on or
before (date) the project in form and content satisfactory to creative firm.
Artist is an independent contractor.  This work is considered work-for-hire under
the United States Copyright Act of 1976.  All concepts, ideas, copy, sketches, art-
work, electronic files and other materials related to it will become the property of
Creative Firm.  Artist acknowledges that (Project) is being created by Artist for use
by Creative Firm.
At Creative Firm’s sole and absolute discretion, Creative Firm may make any
changes in, deletions from, or additions to the project.  Creative Firm is not under
any obligation to use the project or derivative materials.
Artist acknowledges that the project is being created by artist for use by Creative
Firm and that the project is a work made for hire under the United States Copyright
Act of 1976.  At all stages of development, the project shall be and remain the sole
and exclusive property of Creative Firm.  If for any reason, the results and proceeds
of Artist’s services hereunder are determined at any time not to be a work made
for hire, Artist hereby assigns to Creative Firm all right, title and interest therein,
including all copyrights as well as renewals and extensions thereto.
Credit for the work shall read: Date © Colleen Sedgwick, if a substantial portion
of Artist’s work is used in Creative Firm’s final product.  No inadvertent failure
by Creative Firm to comply with the credit line shall constitute a breach of this
Agreement.
Artist represents and warrants to Creative Firm that to the best of his/her
knowledge the concepts, ideas, copy sketches, artwork, electronic files and other
materials produced do not infringe on any copyright or personal or proprietarily
4	 Picciafuoco, V (2013): The Collective Legal Guide for Designers (Contract Samples), in Smashing
Magazine (2013) https://www.smashingmagazine.com/2013/04/legal-guide-contract-samples-for-designers
and https://www.smashingmagazine.com/2012/08/15/free-download-useful-legal-documents-for-
designers-pdf/; originally in Docracy.com
rights of others, and that he/she has the unencumbered right to enter into this
Agreement.    
Artist will indemnify Creative Firm from any damage or loss, including attorney’s
fees, rising out of any breach of this warranty.
Artist grants Creative Firm the right to issue and authorize publicity concerning
Artist and to use Artist’s name and approved biographical data in connection with
the distribution and advertising of the project.
Any proprietary information, trade secrets and working relationships between
Artist and Creative Firm and its clients must be considered strictly confidential,
and may not be disclosed to any third party, either directly or indirectly.
With reasonable cause, either party reserves the right to cancel this Agreement
without obligation by giving 30 days written notice to the other party of the
intent to terminate.  In the event that either party shall be in default of its material
obligations under this Agreement and shall fail to remedy such default within
60 days after receipt of written notice thereof, this Agreement shall terminate
upon expiration of the 60 day period.  Should Artist’s commission be cancelled
or postponed for any reason before the final stage, Creative Firm agrees to pay a
cancellation fee based on work completed.
Please indicate acceptance of the terms set forth above by signing this Agreement.
Date
OFFER FOR COMMISSIONED ILLUSTRATION5
This contract is an offer (“Offer”) by Artist name/registered trade
name (“Artist”) to name of person commissioning(“Commissioner”)
made on date for Artist to provide creative work (“Work” – as described
below) as requested by Commissioner.
 1.      Work. Commissioner retains Artist to create Enter a description of the work
here. Work includes only the final, deliverable art, and not any preliminary work
or sketches.
2.      Price and Delivery. The non-refundable flat-fee for Work is Price. Payment
must be made in full before any work begins. Payment should be made in the
method and manner specified by Artist. Work is to be delivered no later than date
of delivery, but Commissioner agrees that the date of delivery is not material to
this Agreement.
3.      Grant of Rights. Artist agrees to the perpetual non-exclusive license of all
rights (including, but not limited to, the right to display, modify, transmit, transfer,
sell, and create derivative works) to Work to Commissioner, excluding only the
right to authorship credit, which is retained by Artist. Artist agrees that Work is
produced with the intent it be unique and will not seek to resell or publish Work,
except as noted below.
4.      Artist’s Right to Authorship Credit. Artist may use Work in Artist’s
portfolio (including, but not limited to, any website that displays Artist’s works).
Commissioner and Artist agree that when asked, Commissioner must properly
identify Artist as the creator of Work. Commissioner does not have a proactive
duty to display Artist’s name together with Work, but Commissioner may not seek
to mislead others that Work was created by anyone other than Artist.
5.      Commissioner Accepts Artist’s Creative Vision. Commissioner agrees
that Artist will complete Work in Artist’s creative style at Artist’s sole discretion.
If Commissioner refuses to receive Work or demands Work be redone, it is
understood and agreed that Commissioner is cancelling the Agreement, and no
fee will be refunded.
6.      Cancellation, and Expiration. The fee for Work is non-refundable. If
Commissioner nonetheless does not want or refuses to receive Work, Artist may
5	 Ibid
decide whether or not to complete Work, and will exclusively retain all right to
Work. This Offer automatically expires upon 48 hours of being made and may not
then be accepted. This Offer expires if it is verbally or through writing (including,
but not limited to, by e-mail or text chat) withdrawn by Artist.
7.      Limitation of Liability. Commissioner agrees that Artist will not be liable for
any damages (including, but not limited to, incidental or consequential damages),
that arise from Artist’s performance of this commission (including, but not limited
to, failure to perform in a timely manner, regardless of whether the failure was
intentional or negligent.)
8.      Dispute Settled by Arbitration, and Governing Law. Any dispute under or
about this Agreement must be submitted to and resolved by arbitration through
the arbitration services located at Internet URL http://www.judge.me. Parties will
bear their own costs. Any court may enforce the arbitration award. This Agreement
will be governed by the laws of New South Wales, in the country of Australia.
This Offer may be accepted (within 48 hours of being made or if
withdrawn, as in Expiration, above) and be enforced upon the signature
of Commissioner (an electronic signature is acceptable).
Commissioner:____________________ (signature), on ________
(date)
CONSULTING AGREEMENT (for Services)6
 
Effective Date (“Effective Date”),   Consultant Name (“Consultant”)
and Company (“Company”), a Delaware corporation, agree (this
“Agreement”) as follows:
1. Services and Payment. Consultant agrees to undertake and complete the Services
(as defined in Exhibit A) in accordance with and on the schedule specified in
Exhibit A. As the only consideration due Consultant regarding the subject matter
of this Agreement, Company will pay Consultant in accordance with Exhibit A.
2. Ownership; Rights; Proprietary Information; Publicity.
2.1. Company shall own all right, title and interest (including patent rights,
copyrights, trade secret rights, mask work rights, trademark rights, sui generis
database rights and all other rights of any sort throughout the world) relating to any
and all inventions (whether or not patentable), works of authorship, mask works,
designations, designs, know-how, ideas and information made or conceived or
reduced to practice, in whole or in part, by Consultant in connection with Services
or any Proprietary Information (as defined below) (collectively, “Inventions”) and
Consultant will promptly disclose and provide all Inventions to Company. All
Inventions are works made for hire to the extent allowed by law. In addition, if
any Invention does not qualify as a work made for hire, Consultant hereby makes
all assignments necessary to accomplish the foregoing ownership. Consultant shall
further assist Company, at Company’s expense, to further evidence, record and
perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any
rights assigned. Consultant hereby irrevocably designates and appoints Company
and its agents as attorneys fact to act for and in Consultant’s behalf to execute
and file any document and to do all other lawfully permitted acts to further the
foregoing with the same legal force and effect as if executed by Consultant.
2.2. Consultant agrees that all Inventions and all other business, technical and
financial information (including, without limitation, the identity of and information
relating to customers or employees) Consultant develops, learns or obtains in
connection with Services or that are received by or for Company in confidence,
constitute “Proprietary Information.” Consultant will hold in confidence and not
disclose or, except in performing the Services, use any Proprietary Information.
However, Consultant shall not be obligated under this paragraph with respect to
6	 Ibid ; see also http://webdesignlaw.com/
information Consultant can document is or becomes readily publicly available
without restriction through no fault of Consultant. Upon termination and as
otherwise requested by Company, Consultant will promptly return to Company
all items and copies containing or embodying Proprietary Information, except
that Consultant may keep its personal copies of its compensation records and
this Agreement. Consultant also recognizes and agrees that Consultant has no
expectation of privacy with respect to Company’s telecommunications, networking
or information processing systems (including, without limitation, stored computer
files, e-mail messages and voice messages) and that Consultant’s activity, and any
files or messages, on or using any of those systems may be monitored at any
time without notice. Consultant further agrees that any property situated on the
Company’s premises and owned, leased or otherwise possessed by the Company,
including computers, computer files, email, voicemail, storage media, filing cabinets
or other work areas, is subject to inspection by Company personnel at any time
with or without notice.
2.3. As additional protection for Proprietary Information, Consultant agrees that
during the period over which it is (or is supposed to be) providing Services (i) and
for one year thereafter, Consultant will not encourage or solicit any employee or
consultant of Company to leave Company for any reason, and (ii) Consultant
will not engage in any activity that is in any way competitive with the business or
demonstrably anticipated business of Company, and Consultant will not assist any
other person or organization in competing or in preparing to compete with any
business or demonstrably anticipated business of Company.
2.4. To the extent allowed by law, Section 2.1 and any license to Company hereunder
includes all rights of paternity, integrity, disclosure and withdrawal and any other
rights that may be known as or referred to as “moral rights,” “artist’s rights,”
“droit moral,” or the like. Furthermore, Consultant agrees that notwithstanding
any rights of publicity, privacy or otherwise (whether or not statutory) anywhere
in the world and without any further compensation, Company may and is hereby
authorized to use Consultant’s name in connection with promotion of its business,
products and services and to allow others to do so. To the extent any of the
foregoing is ineffective under applicable law, Consultant hereby provides any
and all ratifications and consents necessary to accomplish the purposes of the
foregoing to the extent possible. Consultant will confirm any such ratifications
and consents from time to time as requested by Company.
2.5. If any part of the Services or Inventions is based on, incorporates, or is
an improvement or derivative of, or cannot be reasonably and fully made,
used, reproduced, distributed or otherwise exploited without using or violating
technology or intellectual property rights owned or licensed by Consultant and
not assigned hereunder, Consultant hereby grants Company and its successors
a perpetual, irrevocable, worldwide royalty-free, nonexclusive, sub licensable
right and license to exploit and exercise all such technology and intellectual
property rights in support of Company’s exercise or exploitation of the Services,
Inventions, other work performed hereunder, or any assigned rights (including
any modifications, improvements and derivatives of any of them).
3. Warranty. Consultant warrants that: (i) the Services will be performed in a
professional and workmanlike manner and that none of such Services or any
part of this Agreement is or will be inconsistent with any obligation Consultant
may have to others; (ii) all work under this Agreement shall be Consultant’s
original work and none of the Services or Inventions or any development, use,
production, distribution or exploitation thereof will infringe, misappropriate or
violate any intellectual property or other right of any person or entity (including,
without limitation, Consultant); (iii) Consultant has the full right to provide the
Company with the assignments and rights provided for herein; (iv) Consultant
shall comply with all applicable laws and Company safety rules in the course
of performing the Services and (v)  if Consultant’s work requires a license,
Consultant has obtained that license and the license is in full force and effect.
4. Termination. If either party materially breaches a material provision of this
Agreement, the other party may terminate this Agreement upon five (5) days
written notice unless the breach is cured within the notice period. Company
also may terminate this Agreement at any time, with or without cause, upon
ten (10) days’ notice, but, if (and only if) without cause, Company shall upon
termination pay Consultant all unpaid and undisputed amounts due for Services
completed prior to notice of termination. Sections 2 (subject to the limitations
on Section 2.3 stated therein) through 8 of this Agreement and any remedies for
breach of this Agreement shall survive any termination or expiration. Company
may communicate such obligations to any other (or potential) client or employer
of Consultant.
5. Relationship of the Parties. Notwithstanding any provision hereof, for all
purposes of this Agreement each party shall be and act as an independent
contractor and not a partner, joint venturer, or agent of the other and shall not
bind nor attempt to bind the other to any contract. Consultant is an independent
contractor and is solely responsible for all taxes, withholdings, and other
statutory or contractual obligations of any sort, including, but not limited to,
workers’ compensation insurance. Consultant agrees to indemnify, defend and
save Company harmless from any and all claims and threatened claims by
any third party, including employees of either party, arising out of, under or in
connection with:
5.1. The death or bodily injury of any third party, including any agent, employee,
customer, business invitee or business visitor of Company but only to the extent
caused or contributed to by Consultant, or the damage, loss or destruction of any
tangible personal or real property but only to the extent caused or contributed to
by the Consultant; or
5.2. An act or omission of Consultant in its capacity as an employer of a person
and arising out of or relating to: (i) federal, state or other laws or regulations
for the protection of persons who are members of a protected class or category
or persons, (ii) sexual discrimination or harassment, (iii) work related injury
or death, (iv)  accrued employees benefits and (v)  any other aspect of the
employment or contractual relationship or its termination (including claims
for breach of an express or implied contract of employment) and which, with
respect to each of the clauses (i) through (v) arose when the person asserting
the claim, demand, charge, action or other proceeding was or purported to be an
employee or independent contractor of Consultant.
6. Assignment. This Agreement and the services contemplated hereunder are
personal to Consultant and Consultant shall not have the right or ability to
assign, transfer, or subcontract any obligations under this Agreement without
the written consent of Company. Any attempt to do so shall be void.
7. Notice. All notices under this Agreement shall be in writing, and shall be
deemed given when personally delivered, sent by confirmed telecopy or other
electronic means, or three (3) days after being sent by prepaid certified or
registered U.S. mail to the address of the party to be noticed as set forth herein
or such other address as such party last provided to the other by written notice.
8. Miscellaneous. The failure of either party to enforce its rights under this
Agreement at any time for any period shall not be construed as a waiver of
such rights. No changes or modifications or waivers to this Agreement will be
effective unless in writing and signed by both parties. In the event that any
provision of this Agreement shall be determined to be illegal or unenforceable,
that provision will be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement shall be governed by and construed in accordance
with the laws of the state of New York without regard to the conflicts of laws
provisions thereof. Any legal action or proceeding relating to this Agreement
shall be brought exclusively in the state or federal courts located in New York
County, New York, and each party consents to the jurisdiction thereof.In any
action or proceeding to enforce rights under this Agreement, the prevailing
party will be entitled to recover costs and attorneys’ fees. Headings herein are
for convenience of reference only and shall in no way affect interpretation of the
Agreement.Any breach or threatened breach of Sections 2, 3 or 6 thisAgreement
will cause irreparable harm to the Company for which damages would not be
an adequate remedy, and, therefore, the Company is entitled to injunctive relief
with respect thereto (without the necessity of posting any bond) in addition
to any other remedies. This Agreement constitutes the complete and exclusive
agreement between the parties concerning its subject matter and supersedes
all prior or contemporaneous agreements or understandings, written or oral,
concerning the subject matter described herein.
 
EXHIBIT A
Services & Fees
Services:
Add description of services yoiur consultant is responsible for
 Term:
The term will continue until the Services are completed or the
Agreement is terminated under Section 4, whichever occurs first.
Fees:
Hourly fee of $Hourly Rate
Exclusive of travel time; payable semi-monthly  in arrears 30 days
after receipt of itemized invoice, with a cap of $ Cap Amount in the
aggregate.
Expense reimbursement
Limited to required, reasonable telephone expenses, coach class (or
equivalent) transportation, lodging and meals that have been authorized
in writing by Company in advance; payable 30 days after receipt of
itemized invoice. 
INTELLECTUAL PROPERTY ASSIGNMENT
AGREEMENT7
This Intellectual Property Assignment Agreement (the “Agreement”)
is made and entered into as Date, by and between Company (the
“Company”) and Other Party (the “Recipient”) (collectively, the
“Parties”).
The Parties hereby agree as follows:
1. The Recipient agrees to assign to the Company, or its designee, all
right, title, and interest in and to any and all inventions, original works of
authorship, developments, concepts, improvements, designs, drawings,
discoveries, algorithms, formulas, computer code, ideas, trademarks,
or trade secrets, whether or not patentable or registrable under patent,
copyright or similar laws, related to the Company’s business, which the
Intern may solely or jointly conceive or develop or reduce to practice,
or cause to be conceived or developed or reduced to practice, with the
use of Company’s equipment, supplies, facilities, assets, or Company
Confidential Information (see NONDISCLOSURE AGREEMENT),
or which may arise out of any research or other activity conducted under
the direction of the Company (collectively referred to as “Intellectual
Property”).
2. The Recipient understands and agrees that (i) all original works
for authorship which are made by the Recipient (solely or jointly
with others) within the scope of the Company’s business which are
protectable by copyright are “works made for hire,” as that term is
defined in the United States Copyright Act and (ii) the decision whether
or not to commercialize or market any Intellectual Property is within
the Company’s sole discretion and for the Company’s sole benefit and
that no royalty or other consideration will be due to the Recipient as a
result of the Company’s efforts to commercialize or market any such
7	 Ibid
Intellectual Property.
3. The validity, construction and enforceability of this Agreement shall
be governed in all respects by the law of the State of Delaware. This
Agreement may not be amended except in writing signed by a duly
authorized representative of the respective Parties. This Agreement
shall control in the event of a conflict with any other agreement
between the Parties with respect to the subject matter hereof. The
failure of either party to enforce its rights under this Agreement at any
time for any period shall not be construed as a waiver of such rights.
IN WITNESS WHEREOF, the Parties have executed this Agreement
as of the date first above written.
Assessment Part B
Website design brief
Nature of task: Develop and document skills and
knowledge of all course content.
Location for assessment: Own time
Supervision: Trainer
Word count: 750 words
Required
Refer to Case Study B
Navigate to the Additional resources page to download Case_study.
pdf.
You are required to work online with a friend, colleague or peer who
will role play throughout the development process as ‘Michelle’ or
‘Matthew’, hereafter referred to as the ‘client’.
You are required to apply the same processes and techniques you
applied in progress challenges 1-3, this time in relation to Case study
B. This should result in the same set of evidence and finalised design
brief as compiled in progress challenges 1-3:
•	 Establish design requirements
•	 Develop and refine the design brief
•	 Negotiate terms and conditions
	Recommended
•	 Complete all activities and self-checks
•	 Engage in forum discussions
Summary
•	 Save your final work as a PDF for final submission.
•	 We recommend that you use InDesign to collate your work, but you may
choose an alternate technology
Case study B
Once the logo and branding requirements have been costed, you have
also been asked to quote and refine a secondary brief on the website
design. In the initial conversation, the client explains they definitely
want ten pages designed but that she is not sure how interactive each
should be. Some of the core requirements Michelle highlights are:
• Ten pages
• Some pages more interactive than others
• A contact page
• Home page with drop-down menu, footer and banner that rotates only on click
• Regularly-updated video content on another page
• A gallery page
• Terms & Conditions page
• Most importantly, the other pages need to be different categories in a blog
format
• As a general style, she has pointed out that she likes the colours from http://
glammeup.com.au and the style and simplicity of http://www.vogue.com.au
and http://www.vogue.com.au.
Section 1.2: Sources of information
http://glammeup.com.au;
http://www.vogue.com.au;
http://www.vogue.com.au;
http://www.viviensmodels.com.au;
http://explore.calvinklein.com/en_US/explore
E s t a b l i s h d e s i g n r e q u i r e m e n t s
The same methods were used to establish the website via email and
questionnaire. However, lets recap what are the website requirements:
What is the purpose of this website?
	We are hoping it will be a blog site, which will offer different tips on beauty,
hair and makeup, the exact details – TBA (to be advised).
	What types of people are going to be using your site? (Be specific)
	We expect most people who are interested in fashion and beauty. More
specifically, we cater towards professional women in from their late 20’s to
their late 40’s; this will be our core audience.
	Matthew: I am hoping to cater for males of a similar age bracket and socio-
economic status.
Who are your main competitors? (Links to their websites are fine):
	These include Vogue, Glam Me Up, Calvin Klein, Gritty Pretty and Vivien’s
Models.
	These include other professionals in the beauty and fashion industries.
Your content.
What is the content required for your site? (Please provide separately
as a set of files.)
Site content notes (include any links/notes).
We hope this will include:
	A logo to be used in the banner, header and website – this should be a jpeg,
svg or png file.
	Content notes, including notes and links on web pages and blog entries.
	Ten pages;
	More interactivity on some pages than others;
	A contact page;
	A home page with a drop-down menu, footer, and a banner that rotates
upon clicking;
	A page with video content that can be easily and regularly updated;
	A gallery page;
	A ‘Terms and Conditions’ page;
	Other pages for different categories in a blog format.
	Related file names provided separately (images/videos): These include
JPGs, svgs, pngs for stills; avi’s, mpegs for video files; text files include txt
(WordPad), and docs (word).
Additional notes regarding the logo and website?
	Glam Me Up was designed in 2011 by Web Design Café;
	Gritty Pretty is founded by beauty editor Eleanor Pendleton.
	Vivien’s Models was designed (and last updated in 2016) by James Hodgson
Website Terms of Service
These are situated on page 33.
Develop and refine the design brief
Section 2.4 – Feedback from client
(email communications)
From: Colleen Sedgwick <csedgwick67@outlook.com.au
TO:	 Michelle Gambino <mgambino@iinet.com.au>
CC:	 Matthew Hadley mhadley@gmail.com.au
Date:	 Friday, 7 October 2016; 11:16:12 AM
Subject:	 Request for Design Services
Good morning Michelle,
Thank you for your interest in the InCorn theme. The name of the designer is
Serge and the link to his site is http://color-theme.com/. The InCorn theme is
one of many so I hope you can find something else to your liking.
I have also enclosed the two completed brief forms for your own (and Matthew’s)
perusal, as well as a second short presentation. Could you both let me know your
thoughts on these and whether or not they need any altering.
Sincerely,
Colleen Sedgwick
https://csedgwick67.myportfolio.com/projects
PO Box 664
LANE COVE NSW 2066
Ph: 02 9418 9441
Email: csedgwick67@outlook.com.au
In reply to:
From:	Michelle Gambino
TO:	 Colleen Sedgwick <csedgwick67@outlook.com.au>
CC:	 Matthew Hadley <mhadley@gmail.com.au>
Date:	 Sunday, 2 October 2016, 9:32:15 AM
Subject:	 Request for Design Services
Good morning Colleen,
Thank you for your small PowerPoint presentation and I am impressed with the
InCorn theme because of its responsive features. What is the name of the design-
er of this theme?
Sincerely,
Michelle Gambino
Michelle’s and Matthew’s Make-up and Beauty
Section 2.5 – Reflection
At first, I have not initially considered overly ‘pinkish’ themes – mainly because I
found them to be too ‘adolescent’ (as in Glam Me Up). However, the designer of
the In Corn theme (Serge) has a other themes available for Word Press. One of
these is World News (where the dominant theme colour is ‘coral’ – a bright pink-
ish-red colour) – it has similarly interactive features, and is warm and ‘personable’
without looking overly ‘adolescent’.
Section 2.6 - Sign-off. 50 words.
In your finalised design brief for sign-off, you must show evidence of:
Email Communications 05
From: Colleen Sedgwick <csedgwick67@outlook.com.au
TO:	 Michelle Gambino <mgambino@iinet.com.au>
CC:	 Matthew Hadley mhadley@gmail.com.au
Date:	 Friday, 7 October 2016; 11:16:12 AM
Subject:	 Sign off
Good morning Michelle,
Thank you – my administrative staff have now approved the transaction and now
we will give our designing staff the go-ahead.
Sincerely,
Colleen Sedgwick
https://csedgwick67.myportfolio.com/projects
PO Box 664
LANE COVE NSW 2066
Ph: 02 9418 9441
Email: csedgwick67@outlook.com.au
In reply to:
From:	Michelle Gambino
TO:	 Colleen Sedgwick <csedgwick67@outlook.com.au>
CC:	 Matthew Hadley <mhadley@gmail.com.au>
Date:	 Sunday, 2 October 2016, 9:32:15 AM
Subject:	 Sign off
Good morning Colleen,
Just a quick message to let you know that Matthew has agreed to the brief and we
have just had our administrative staff approve it.
Sincerely,
Michelle Gambino
Michelle’s and Matthew’s Make-up and Beauty
Section 2.7 - Refinements, Research and
evaluation and Application of prob-
lem-solving skills
One of the ways my creative thinking skills informed your refinement of the brief
is to ‘think outside of the box’ and consider all the options available. This means
including a mind-map (for all things ‘fashion-related’) and more than one style (not
just what one partner (or the other) wants. The mind-map also gets both Michelle
and Matthew to consider all categories for fashion and beauty, including make-up.
Ideas
All these images are examples
of blog and website ideas for
Michelle’s and Matthew’s site.
They include (clockwise):
1.	 InCorn: there are no pink colours but the
site is nevertheless fashionable, understated
and suitable for both men and women1
;
2.	 Other examples of web designer, Serge’s
blog templates - he goes under the name
Colour Theme2
;
3.	 Another example of Serge’s template,
World News3
.
1	 Colour Theme (2016): In Corn - http://demo.col-
or-theme.com/?theme=Incorn[1/10/2016 10:38:41 AM]
2	 Colour Theme (2016): Themes, http://color-theme.
com/themes/ and Colour Theme (2016): Home Page, http://
color-theme.com/
3	 Colour Theme (2016): World News, in http://col-
or-theme.com/portfolio/worldnews/
Website Terms of service3
There must at least be a page outlining the terms and conditions. The below terms
and conditions are yet to be on my own website and are just an example. I will
most probably substitute Michelle’s and Matthew’s business and website names for
my own when designing a Terms of Service page.
Your Sedgie Art Terms of Service (“Agreement”)
This Agreement was last modified on Tuesday, 11 October 2016.
Please read these Terms of Service completely using https://sedgieart.blogspot.
com.au/, https://csedgwick67.myportfolio.com/projects and any associated
websites, owned and operated by Sedgie Art. This Agreement documents the
legally binding terms and conditions attached to the use of the Site at https://
sedgieart.blogspot.com.au/, https://csedgwick67.myportfolio.com/projects and
associated websites.
By using or accessing the Site in any way, viewing or browsing the Site, or adding
your own content to the Site, you are agreeing to these Terms of Service.
Intellectual Property
The Site and all of its original content are the sole property of Sedgie Art and
are, as such, fully protected by the appropriate international copyright and other
intellectual property rights laws.
Termination
Sedgie Art reserves the right to terminate your access to the Site, without any
advance notice.
3	 Original document downloaded from Sandvick, C M (2016): Terms and Conditions
for website, in Wikihow: http://www.wikihow.com/sample/Terms-and-consitions-for-website;
accessed 8th
October, 2016 at 2:06pm
Links to Other Websites
Our Site does contain a number of links to other websites and online resources
that are not owned or controlled by Sedgie Art.
Sedgie Art has no control over, and therefore cannot assume responsibility for,
the content or general practices of any of these third party sites and/or services.
Therefore, we strongly advise you to read the entire terms and conditions and
privacy policy of any site that you visit as a result of following a link that is posted
on our site.
Governing Law
This Agreement is governed in accordance with the laws of New South Wales and
Australia.
Changes to This Agreement
Sedgie Art reserves the right to modify these Terms of Service at any time. We
do so by posting and drawing attention to the updated terms on the Site. Your
decision to continue to visit and make use of the Site after such changes have been
made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on
an occasional basis. Should you not agree to any provision of this Agreement or
any changes we make to this Agreement, we ask and advise that you do not use or
continue to access the Your Nowhere Town site immediately.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at
csedgwick67@outlook.com.
Negotiate terms and conditions
Assessment Part C
Report
Nature of task: Develop and document skills and
knowledge of all course content.
Location for assessment: Own time
Supervision: Trainer
Word count: 200 words
Required
You are required to write a 200 word reflection on the process used throughout
Parts A and B. List all documents compiled for each progress challenge and
note any references or resources used.
Recommended
•	 Complete all activities and self-checks
•	 Engage in forum discussions
Summary
•	 Save your final work as a PDF for final submission.
•	 We recommend that you use InDesign to collate your work, but you
may choose an alternate technology
I have included the following documentation in
this Assessment Task:
1.	 One questionnaire – to establish what Michelle and Matthew want
for their banner and website (in Part A);
2.	 A blank copy of the Creative Brief Template (Part A, but meant
for Part B also);
3.	 Completed Briefs: these are the initial ones for the logo (Part A)
and website (Part B);
4.	 Refined Briefs: since neither Michelle nor Matthew expressed a
change of preference, I decided not to fill these out as I felt it was
not necessary.
5.	 Email communications: to keep Michelle and Matthew informed
throughout the process (and vice versa);
6.	 Presentations: for Progress challenges 1 and 2, I submitted them
separately to Open Colleges, and to my Linked In page;
7.	 Terms and Conditions: I established these as a way of protecting
myself legally throughout the process; with the exception of the
Website Terms and Conditions (which I included in Part B), in
included all of them in Part A (even though they are relevant to
both parts). For Michelle’s and Matthew’s Terms and Conditions, I
would alter them for their own web pages.
R e p o r t
•	 Calvin Klein: http://explore.calvinklein.com/en_US/explore[4/08/2016 8:03:52 AM]
•	 Channel 9 (2016): Image 1 http://i1.ytimg.com/vi/bcN1OsEyUYM/maxresdefault.jpg
•	 Colour Theme (2016): Home Page, http://color-theme.com/
•	 Colour Theme (2016): In Corn - http://demo.color-theme.com/?theme=Incorn[1/10/2016 10:38:41 AM]
•	 Colour Theme (2016): Themes, http://color-theme.com/themes/
•	 Colour Theme (2016): World News, in http://color-theme.com/portfolio/worldnews/
•	 Creative Bloq - http://www.creativebloq.com/wordpress/wordpress-portfolio-themes-11121205[1/10/2016 9:43:12 AM]
•	 Envato (2016): Theme Forest – Zerge, https://themeforest.net/user/zerge
•	 Glam Me Up: http://glammeup.com.au/[4/08/2016 7:57:46 AM]
•	 Gritty Pretty: http://grittypretty.com/[4/08/2016 8:10:34 AM]
•	 Lady Love Hair and Makeup (2016): Image 2 http://www.ladylovehairandmakeup.com.au/images/party-make-up.jpg
•	 Legal Vision (2016): Online Legal Services - Affordable and Easy; https://legalvision.com.au/;
•	 Myers, J C (2012), ‘Contracts – Full Terms and Conditions’ in Web Design Law, http://webdesignlaw.com/contracts/full-terms-and-
conditions.html;
•	 Myers, J C (2012), ‘Letter of Agreement’ in http://webdesignlaw.com/contracts/letter-of-agreement.html, accessed Tuesday, 11 October
2016 at 11:44:12 PM
•	 Picciafuoco, V (2013): The Collective Legal Guide for Designers (Contract Samples), in Smashing Magazine (2013) https://www.
smashingmagazine.com/2013/04/legal-guide-contract-samples-for-designers and https://www.smashingmagazine.com/2012/08/15/free-
download-useful-legal-documents-for-designers-pdf/; originally in Docracy.com
References
References (2)
•	 Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://wikihow.com/Write-Terms-and-Conditions, accessed 8th
October, 2016 at 2:06pm;
•	 Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://wikihow.com/Write-Terms-and-Conditions, accessed 8th
October, 2016 at 2:06pm
•	 Sandvick, C M (2016): Sample Terms and Conditions; in Wikihow: http://www.wikihow.com/images/sampledocs/q/Terms-and-conditions.
pdf; accessed 8th October 2016 at 2:10pm
•	 Sandvick, C M (2016): Terms and Conditions for website, in Wikihow: http://www.wikihow.com/sample/Terms-and-consitions-for-website;
accessed 8th October, 2016 at 2:06pm
•	 Sedgwick (2016): Progress Challenge 01 Presentation for Michelle and Matthew’s Beauty and Makeup; in SlideShare, http://www.slideshare.
net/ColleenSedgwick/30535a-progress-challenge-01-presentation;
•	 Sedgwick (2016): Progress Challenge 02 Presentation for Michelle and Matthew’s Beauty and Makeup; in SlideShare http://www.slideshare.
net/ColleenSedgwick/30535a-progress-challenge-02-presentation;
•	 Vivien’s Models: http://www.viviensmodels.com.au/sydney/[4/08/2016 7:59:32 AM]
•	 Vogue India: http://www.vogue.in/[5/10/2016 8:39:14 PM]
•	 Vogue: http://www.vogue.com.au/[4/08/2016 8:06:25 AM]

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Sedgwick e0498336-d0105-30535a-02

  • 1. D 0 1 0 5 D i p l o m a o f G r a p h i c D e s i g n Assessment 2: Negotiated briefs and report SP5 BSBDES502A - Establish, negotiate and refine a design brief O C a s s e s s m e n t c o d e : 3 0 5 3 5 / 0 2 All rights reserved. No part of the material protected by this copyright may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner. Requests for permission to make copies of any part of the work should be mailed to Copyright Permissions, Open Colleges, PO Box 1568, Strawberry Hills NSW 2012. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalised. Use of a term in this text should not be re- garded as affecting the validity of any trademark or service mark. © Open Colleges Pty Ltd, 2014 By Co l l e e n Se dg w i c k St u d e n t n o - E0498336
  • 2. student forums throughout the module. Elements and critical aspects Assessment for this unit of competency is comprised of: • 30535/01 Assessment 1 Portfolio You will be assessed on your understanding of • Establishing design requirements • Developing and refining a design brief • Negotiating terms and conditions Assessment overview Introduction You are required to complete the Assessment 1 Negotiated briefs and report, which includes: •Reviewing the initial case studies A and B •Completing all of the progress challenges related to the case studies in parts A and then B •Creating a report in Part C of the process for both responses to brief, including: • Establishing design requirements • Developing and refining the design brief • Negotiating terms and conditions File naming Once you feel confident that you have covered the learning materials for this unit, you are ready to attempt this assessment. To help Open Colleges manage your assessment, please use the following file- naming convention: [student number]_[assessment]_[assessment number].doc for example 12345678_21850a_01.doc. Assessment submission When you are ready to submit your assessment, upload the file in OpenSpace using the Assessment Upload links in the relevant study period of your course. The Student Lounge provides a ‘Quick Guide to Uploading Assessments’ if you need further assistance. Uploading assessments in OpenSpace will enable Open Colleges to provide you with the fastest feedback and grading on your assessment. It is important that you keep a copy of all assessment materials submitted to Open Colleges. Tips We strongly recommend you complete all activities and engage in the
  • 3. Assessment 1 Negotiated brief and report Case study A You are currently working as a freelance graphic designer and have been contacted by a friend of a friend from Channel 9 News hair and makeup. Having worked in the fashion industry as a professional make- up artist for over ten years, Matthew and his business partner Michelle have decided to start their own beauty blog. They have a web development company who will be taking care of the build using Word press but the theme can be highly customized. You have been approached to quote on designing the core ten pages of the site, but apart from the home page Matthew really isn’t sure about the specifics and doesn’t have a brand or even a logo yet. You will need to use the skills you’ve learned in the module to step the client through the process leading up to an agreed brief, along with terms and conditions. Core steps include: • Establishing design requirements • Developing and refining the design brief • Negotiating terms and conditions The client has asked for two separate quotes and detailed list of agreed requirements for: • Logo with branding requirements • Website design You must treat each project separately. Progress challenges 1-3 will help guide you through the process in Part A. In Part B, you will need to step through the same steps yourself in a single challenge, and fi- nally you will need to produce a report of the process for both refined briefs in Part C. Michelle insists the branding should use a shade of pink, pointing out the logo for http://glammeup.com.au, while Matthew is keen to see something more slick like http://www.viviensmodels.com.au and http://explore.calvinklein.com/en_US/explore. Assessment overview Introduction You are required to complete the Assessment 1 Negotiated briefs and report, which includes: •Reviewing the initial case studies A and B •Completing all of the progress challenges related to the case studies in parts A and then B •Creating a report in Part C of the process for both responses to brief, including: •Establishing design requirements •Developing and refining the design brief •Negotiating terms and conditions File naming Once you feel confident that you have covered the learning materials for this unit, you are ready to attempt this assessment. To help Open Colleges manage your assessment, please use the fol- lowing file-naming convention: [student number]_[assessment]_[as- sessment number].doc for example 12345678_21850a_01.doc. Assessment submission When you are ready to submit your assessment, upload the file in OpenSpace using the Assessment Upload links in the relevant study period of your course. The Student Lounge provides a ‘Quick Guide
  • 4. to Uploading Assessments’ if you need further assistance. Uploading assessments in OpenSpace will enable Open Colleges to provide you with the fastest feedback and grading on your assessment. It is important that you keep a copy of all assessment materials submitted to Open Colleges. Tips We strongly recommend you complete all activities and engage in the student forums throughout the module. Elements and critical aspects Assessment for this unit of competency is comprised of: • 30535/01 Assessment 1 Portfolio Case Study B Once the logo and branding requirements have been costed, you have also been asked to quote and refine a secondary brief on the website design. In the initial conversation, the client explains they definitely want ten pages designed but that she’s not sure how interactive each should be. Some of the core requirements Michelle highlights are: • Ten pages • Some pages more interactive than others • A contact page • Home page with drop-down menu, footer and banner that rotates only on click • Regularly-updated video content on another page • A gallery page • Terms & Conditions page • Most importantly, the other pages need to be different categories in a blog format As a general style, she has pointed out that she likes the colours from http://glammeup.com.au and the style and simplicity of http://www. vogue.com.au and http://grittypretty.com/home/. The ‘client’ For the purpose of this assessment, you are required to work online with a friend, colleague or peer who will role play throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred to as the ‘client’.
  • 5. Assessment Part A Logo and branding brief Nature of task: Develop and document skills and knowledge of all course content. Location for assessment: Own time Supervision: Trainer Word count: 750 Required You are required to complete Progress challenges 1-3, integrating any feedback from peers or your trainer for final submission. Recommended • Complete all activities and self-checks • Engage in forum discussions Summary • Save your final work as a PDF for final submission. • We recommend that you use InDesign to collate your work, but you may choose an alternate technology Activity Progress challenge 1: Establishing design requirements Refer to Case Study A You are required to work online with a friend, colleague or peer who will role play throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred to as the ‘client’. You are required to: 1.1. Identify the ‘client’ to whom you will present work and ideas throughout the process. Keep a record of all communication, which you will incorporate into your final report in Part C. All decisions and feedback must incorporate and relate back to the original client notes in the initial case studies A and B, as well as feedback received from communications with the ‘client’. 1.2. Identify and source information and references relevant to the design project. 1.3. Critically analyse and then reflect upon the research you collate, noting key decisions this should help inform. 100 words. 1.4. Navigate to the Additional Resources page on OpenSpace to download the QUESTIONNAIRE PDF. Send these questions to the ‘client’ and keep a record of this communication, and how this informs the objectives and parameters of the brief. 50 words. 1.5 Send a secondary email follow-up to the ‘client’ to clarify any responses in the QUESTIONAIRE that could be ambiguous. 50 words. 1.6. To ensure clear understanding of requirements, send a follow-up email to the ‘client’ with a short PowerPoint presentation (as PDF) with an overview of your understanding of the design requirements. 1.7 Reflect upon the negotiate refinement of the design requirements. 100 words.
  • 6. Refer to Case Study A Navigate to the Additional resources page to download Case_study.pdf and QUESTIONNAIRE.pdf. You are required to work online with a friend; colleague or peers who will role-play throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred to as the ‘client’. You are required to: 1.1. Identify the ‘client’ to whom you will present work and ideas throughout the process. Keep a record of all communication, which you will incorporate into your final report in Part C. All decisions and feedback must incorporate and relate back to the original client notes in the initial case studies A and B, as well as feedback received from the ‘client’. 1.2. Identify and source information and references relevant to the design project. 1.3. Critically analyse and reflect upon the research you collate, noting key decisions this should help inform. 100 words. 1.4. Navigate to the Additional Resources page on OpenSpace to download the QUESTIONNAIRE PDF. Send these questions to the ‘client’ and keep a record of this communication, and how this informs the objectives and parameters of the brief. 50 words. 1.5. Send a secondary email follow-up to the ‘client’ to clarify any responses in the QUESTIONAIRE that could be ambiguous. 50 words. 1.6. To ensure clear understanding of requirements, send a follow-up email to the ‘client’ with a short PowerPoint presentation (as PDF) with an overview of your understanding of the design requirements. 1.7. Reflect upon the negotiate refinement Answers Section 1.1: Establish design requirements Case study A You are currently working as a freelance graphic designer and were contacted by a friend of a friend from Channel 9 News hair and makeup. Having worked in the fashion industry as a professional makeup artist for over ten years, Matthew and his business partner Michelle have decided to start their own beauty blog. They have a web development company who will be taking care of the build using Word press but the theme can be highly customised. You have been approached to quote on designing the core ten pages of the site, but apart from the home page, Matthew really is not sure about the specifics and does not have a brand or even a logo yet. You will need to use the skills you have learned in the module to step the client through the process leading up to an agreed brief, along with terms and conditions. Core steps include: a. Establishing design requirements b. Developing and refining the design brief c. Negotiating terms and conditions The client has asked for two separate quotes and detailed list of agreed requirements for: 1. Logo with branding requirements 2. Website design You must treat each project separately. Progress challenges 1-3 will help guide you through the process in Part A. In Part B, you will need to step through the same steps yourself in a single challenge, and finally you will need to produce a report of the process for both refined briefs in Part C. E s t a b l i s h d e s i g n r e q u i r e m e n t s
  • 7. Michelle insists the branding should use a shade of pink, pointing out the logo for http://glammeup.com.au, while Matthew is keen to see something slicker, like http://www.viviensmodels.com.au and http://explore.calvinklein.com/en_US/ explore. Section 1.3 – Analysis and Reflection Messages I am getting from these requirements Michelle’s requirements are very specific in terms of the website or blog. However, Michelle and Matthew have very different requirements in terms of the mood – fonts, colours, layout etc for their branding. Section 1.4: Communications My email would be as follows: Dear Michelle and Matthew, Thank you for your enquiry about my graphic design services c/o Sedgie Art. I have attached a Creative Brief form and a questionnaire for your perusal. Please attach them to your reply after answering. Sincerely, Colleen Sedgwick https://csedgwick67.myportfolio.com/projects PO Box 664 LANE COVE NSW 2066 Ph: 02 9418 9441 Email: csedgwick67@outlook.com.au Questionnaire for Matthew and Michelle In reply to: From: Michelle Gambino TO: Colleen Sedgwick <csedgwick67@outlook.com.au>
  • 8. CC: Matthew Hadley <mhadley@gmail.com.au> Date: Sunday, 2 October 2016, 9:32:15 AM Subject: Request for Design Services Good morning Colleen, I have seen your work on your Behance/My Portfolio site and I must say I am very impressed. My business partner, Matthew Hadley, and I are ex-employees from Channel 9 who are hoping to start our own make-up and beauty business. We are hoping to find someone to design a logo for us, and help us start a website/blog offering make-up, beauty and fashion tips. Think of it as a new branding exercise. We are seeking advice on new colour schemes, fonts, layouts that will make our brand look good; our target audience includes those with an interest in fashion, beauty and makeup, with a particular focus on career women aged in their 30’s and 40’s. While I like my colour scheme to include shades of pink and orange, Matthew has stated he prefers something more slick and masculine, and appealing to men of a similar age bracket. I am looking at Word Press as my preferred blog platform, and Vogue, Glam Me Up and Gritty Pretty inspire me. In contrast, Matthew gains his inspiration from Calvin Klein and Vivien’s Models. Anyway, I look forward to your thoughts on this matter and I hope to hear from you soon. Sincerely, Michelle Gambino Michelle’s and Matthew’s Make-up and Beauty Section 1.5: Second email My email would be as follows: Email Communications 02 From: Colleen Sedgwick <csedgwick67@outlook.com.au TO: Michelle Gambino <mgambino@iinet.com.au> CC: Matthew Hadley mhadley@gmail.com.au Date: Sunday, 2 October 2016, 10:00:03 AM Subject: Request for Design Services Dear Michelle and Matthew, Thank you for filling out the questionnaire and form. I understand the requirements for the website and the logo, however, I am a little unsure as to what you wish for as I am getting two different requirements for your colour schemes, layout and type (e.g. pink and feminine vs. slick and masculine). I personally think that something that is a cross between the blog styles of Glam Me Up, and Vogue would be suitable and feel that Gritty Pretty sits somewhere between those two styles. I would therefore recommend this style for your blog. Please let me know your thoughts on the matter. Sincerely, Colleen Sedgwick https://csedgwick67.myportfolio.com/projects PO Box 664 LANE COVE NSW 2066 Ph: 02 9418 9441
  • 9. Email: csedgwick67@outlook.com.au In reply to: From: Michelle Gambino <mgambino@iinet.com.au> TO: Colleen Sedgwick csedgwick67@outlook.com.au CC: Matthew Hadley mhadley@gmail.com.au Date: Monday, 3 October 2016, 7:54:07 PM Subject: Request for Design Services Hi Colleen, I have enclosed the answers to your questionnaire. Please let me know if you have any queries. Sincerely, Michelle Gambino Michelle and Matthew’s Makeup and Beauty Appendix PO Box 664 LANE COVE NSW 2066 Ph: 02 9418 9441 Email: csedgwick67@outlook.com.au Questionnaire Your Personal Details. What is your name?  Michelle Gambino  Matthew Hadley What are your contact details? Michelle:  Mobile: 0419 224 335  Email: mgambino@iinet.com.au Matthew:  Mobile: 0419 778 889  Email: mhadley@gmail.com.au Your website Details. What is the purpose of this website?  We are hoping it will be a blog site, which will offer different tips on beauty, hair and makeup, the exact details – TBA (to be advised).  What types of people are going to be using your site? (Be specific)  We expect most people who are interested in fashion and beauty. More specifically, we cater towards professional women in from their late 20’s to their late 40’s; this will be our core audience.
  • 10.  Matthew: I am hoping to cater for males of a similar age bracket and socio-economic status. Who are your main competitors? (Links to their websites are fine):  These include Vogue, Glam Me Up, Calvin Klein, Gritty Pretty and Vivien’s Models.  These include other professionals in the beauty and fashion industries. Your branding and logo. What are your branding and logo requirements? (Colour schemes, examples fonts, etc)  Michelle: I prefer bright and feminine appearance and pinkish colours, and either serif or sans serif fonts will do. This should be similar to Glam Me Up.  Matthew: I like a more slick and masculine look like Calvin Klein – I am hoping this would appeal to male clientele. Your content. What is the content required for your site? (Please provide separately as a set of files.) Site content notes (include any links/notes). We hope this will include:  A logo to be used in the banner, header and website – this should be a jpeg, svg or png file.  Content notes, including notes and links on web pages and blog entries.  Ten pages;  More interactivity on some pages than others;  A contact page;  A home page with a drop-down menu, footer, and a banner that rotates upon clicking;  A page with video content that can be easily and regularly updated;  A gallery page;  A ‘Terms and Conditions’ page;  Other pages for different categories in a blog format.  Related file names provided separately (images/videos): These include JPGs, svgs, pngs for stills; avi’s, mpegs for video files; text files include txt (WordPad), and docs (word). Additional notes regarding the logo and website?  Glam Me Up was designed in 2011 by Web Design Café;  Gritty Pretty is founded by beauty editor Eleanor Pendleton.  Vivien’s Models was designed (and last updated in 2016) by James Hodgson.
  • 11. Section 1.6 – follow up/confirmation email My email would be as follows: Email Communication 03 From: Colleen Sedgwick <csedgwick67@outlook.com.au TO: Michelle Gambino <mgambino@iinet.com.au> CC: Matthew Hadley mhadley@gmail.com.au Date: Sunday, 2 October 2016, 10:00:03 AM Subject: Request for Design Services Dear Michelle and Matthew, Thank you for your thought on my recommendations and I am glad there is some agreement on the formatting and style of the logo and the blog. I have attached a short presentation of your requirements for your perusal. Let me know if you are happy with the outcome and I will give my design staff the go-ahead. Sincerely, Colleen Sedgwick https://csedgwick67.myportfolio.com/projects PS: I have two extra styles in mind I think you will like (in addition to Gritty Pretty): one is Vogue India, another is through Creative Bloq. Let me know if you like these also. PO Box 664 LANE COVE NSW 2066 Ph: 02 9418 9441 Email: csedgwick67@outlook.com.au In reply to: From: Michelle Gambino <mgambino@iinet.com.au> TO: Colleen Sedgwick csedgwick67@outlook.com.au CC: Matthew Hadley mhadley@gmail.com.au Date: Monday, 3 October 2016, 7:54:07 PM Subject: Request for Design Services Hi Colleen, I am sorry about the confusion – I am happy for a compromise between Matthew’s and my own ideas. Sincerely, Michelle Gambino, Michelle’s and Matthew’s Makeup and Beauty
  • 12. Activity Progress challenge 2: Develop and refine the design brief Refer to Case Study A Navigate to the Additional resources page to download Case_study. pdf. You are required to work online with a friend, colleague or peer who will role play throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred to as the ‘client’. You are required to: 2.1. Create your own design for a formal design brief that you will use to present your final concepts to the client for approval. Keep a record of this draft with bullet points of initial notes and ideas that reflect the client objectives and parameters. 50 words. 2.2. Critically analyse and challenge the initial brief requirements, drawing on research and ideas that will ensure you can respond to project needs as they emerge throughout. 100 words. 2.3. Prepare a short presentation of various options that take into account your own analysis and earlier responses from the ‘client’. 2.4. Show evidence of discussions and feedback from the ‘client’ regarding your new presentation. This may include, but is not limited to, recording of a Skype conversation, screenshots of forums interaction or email correspondence. Consider and reflect upon how this has informed your choices. 50 words. 2.5.Incorporate feedback into your formal design brief, and write a short reflection of how you have re-evaluated your assumptions. 50 words. 2.6.Send a final Sign-off form to the client to establish any final notes and show agreement on the formalised design brief. 50 words. In your finalised design brief for sign-off, you must show evidence of: 2.7. How creative thinking skills informed your refinement of the brief. 2.8 Research and evaluation of a wide range of source materials. 2.9 Application of problem-solving skills in incorporating client requirements and feedback into your finalised brief
  • 13. Answer Section 2.1 – Creative Brief Template This is just an initial template for the form in which the client is to fill out. Here are the pages. Section 2.2 – Challenges to initial brief requirements The brief requirements were as follows: I first thought I should merge these two styles – the bright and feminine and the slick and masculine - into one ‘eclectic’ style. However, both partners may have different ideas to what I am proposing, or one partner gives all creative control to the other. The positive’s of this is that whoever has contributed more and had more cre- ative input would have more say, as they would have a better idea; the drawback is that the less dominant partner may have less creative freedom in the project. I want to try to give both team members an equal say as much as possible. Section 2.3 – Presentation See attached document Develop and refine the design brief
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  • 16. Activity Progress challenge 3: Negotiate terms and conditions Refer to Case Study A Navigate to the Additional resources page to download Case_study. pdf. You are required to work online with a friend, colleague or peer who will role play throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred to as the ‘client’. You are required to: 3.1. Propose terms and conditions pertinent to the finalised design brief. Include evidence of communication and approval. 100 words. 3.2. Document how you and the ‘client’ will interact throughout the design process. Note the roles and responsibilities of each. 50 words. 3.3. Request and keep a record of a list of roles and responsibilities in a short project management plan, with communication showing client authorisation. In the plan you must complete a list of projected costings. In your finalised terms and conditions for sign-off, you must show evidence of: 3.4. Identification of the need for and specialist advice on developing, formal agreements or contracts where appropriate 3.5 Numeracy skills to develop realistic costings for realisation of the design concept 3.6 Planning and organisational skills to guide and coordinate the process of negotiating and finalising the design brief.
  • 17. Section 3.1 – Terms and conditions1 On the subsequent pages, I proposed various Terms of service (see pages 19-26). The website Terms and Conditions are on page 32 (mainly because I believe them to be most relevant to Part B). The three main purposes of having Terms and Conditions are to: 1. Prevent abuses of service; 2. Limit liability; 3. Establish content ownership. Terms and conditions should include: 1. User information and privacy policy; 2. Rules for account use; 3. Notice of agreement; 4. Privacy statement; 5. Accuracy warning; 6. Intellectual property; 7. Advertiser-client relationship; 8. Payment policies; 9. Shipping policies; 10. Termination clauses; 11. Notification of changes. Section 3.2 – Roles and Responsibilities of Consultant and Client I understand the main the artist must complete work to a satisfactory standard, within an agreed upon period. The client agrees to the Terms of Service, as stated by the consultant and according to the laws of the country or region, and must pay the 1 Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://wikihow. com/Write-Terms-and-Conditions, accessed 8th October, 2016 at 2:06pm; costs. A failure to pay for goods and services results in either the client getting nothing, or the Contract being terminated. Section 3.3 – Documentation The following documents are necessary: 1. Copies of the Terms and Conditions; 2. Letters of Agreement (for smaller scale jobs)2 ; 3. Financial documents – invoices, credit notes, receipts; 4. Agreements regarding Work for Hire; Designer Sample Contract; Consulting agreement for hourly work; Short form design contract and Contract of Works for Web Design3 . Section 3.4 – Specialist advice So far, the sources of reference are based on U.S. consumer law and may (or may not) apply internationally. Hence, I might have to address any legal issues I may have with the Australian Authorities (i.e. Australian Copyright Council) and I may need to consult with a lawyer who specialises in Copyrights and patents in Australia. An example is Legal Vision4 . Section 3.5 – Costing • Budget – up to $10,000 • Labour costs – $25-30 per hour • Projected amount of time – up to 3 months • Total Labour Costs - [number of hours worked] x [amount per hour] 2 Myers, J C (2012), ‘Contracts – Full Terms and Conditions’ in Web Design Law, http:// webdesignlaw.com/contracts/full-terms-and-conditions.html 3 ‘Myers, J C (2012), Letter of Agreement’ in http://webdesignlaw.com/contracts/let- ter-of-agreement.html, accessed Tuesday, 11 October 2016 at 11:44:12 PM 4 Legal Vision (2016): Online Legal Services - Affordable and Easy; https://legalvision. com.au/; Negotiate terms and conditions
  • 18. • Logo design – $30 (includes up to 6 different logos) • Website design (cost of website template) Section 3.6 – Schedule Possibly up to three months Work back schedule (see example below) – something like this will be in use.
  • 19. 30535a – Progress Challenge 03 Terms and Conditions for Sedgie Art1 Dear customer, Please read this statement in regards to the policies outlined below. Purchase of Goods2 Most of Sedgie Art’s good are sold online via the following websites: • RedBubble:http://www.redbubble.com/people/sedgieart;  and • CafePress:http://www.cafepress.com.au/sedgieart; This means you agree to abide by the usage and purchase policies as stated by Sedgie Art and the aforementioned websites. Payment All payments are due upon receipt. If Sedgie Art does not get any payments (or the payment method is declined), you (the consumer) forfeits any ownership of any items purchased and the item will not be shipped. Shipping Policies Sedgie Art ships our items via a third party. You, the buyer, must pay for the shipping, in the amount agreed upon by the Sedgie Art at the time of purchase. If an item is lost during shipping, the total cost of item, including shipping, will be refunded to you. Shipping costs may double if shipping internationally. If an item is damaged during shipping, Sedgie Art will not be held responsible. Refund/Return Policy Items can be refunded or returned based on complaint. If an item is damaged 1 See also Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http:// wikihow.com/Write-Terms-and-Conditions, accessed 8th October, 2016 at 2:06pm 2 Original document c/o from Sandvick, C M (2016): Sample Terms and Conditions; in Wikihow: http://www.wikihow.com/images/sampledocs/q/Terms-and-conditions.pdf; accessed 8th October 2016 at 2:10pm during shipping, a replacement item will be sent free of charge. If an item is unsatisfactory, a written explanation is necessary before the item may be considered for a refund. Buyer must take into account the description of the item before requesting a refund. If the item matches the description by the seller and the buyer is unsatisfied, seller is not responsible for refund. We grant exchanges on a case-by-case basis. Cancellation An item may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment. Complaints Any complaints about items can be sent to this address: csedgwick67@outlook. com. There is no guarantee of a resolution. Each case will be looked at individually, and the other parties be in contact as well. Legalities Sedgie Art is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility. These terms and conditions are subject to change. I have read and agree to the terms and conditions.
  • 20. Work for hire agreement4 This is an Agreement between Colleen Sedgwick, hereinafter Artist, normally doing business at  Lane Cove and Company, hereinafter Creative Firm, normally doing business at (insert location here). This Agreement covers the preparation of (project) further described in (project) and submission of ideas and materials therefore.  Artist will receive a total fee of $ amount upon satisfactory completion.  Artist will deliver to Creative Firm on or before (date) the project in form and content satisfactory to creative firm. Artist is an independent contractor.  This work is considered work-for-hire under the United States Copyright Act of 1976.  All concepts, ideas, copy, sketches, art- work, electronic files and other materials related to it will become the property of Creative Firm.  Artist acknowledges that (Project) is being created by Artist for use by Creative Firm. At Creative Firm’s sole and absolute discretion, Creative Firm may make any changes in, deletions from, or additions to the project.  Creative Firm is not under any obligation to use the project or derivative materials. Artist acknowledges that the project is being created by artist for use by Creative Firm and that the project is a work made for hire under the United States Copyright Act of 1976.  At all stages of development, the project shall be and remain the sole and exclusive property of Creative Firm.  If for any reason, the results and proceeds of Artist’s services hereunder are determined at any time not to be a work made for hire, Artist hereby assigns to Creative Firm all right, title and interest therein, including all copyrights as well as renewals and extensions thereto. Credit for the work shall read: Date © Colleen Sedgwick, if a substantial portion of Artist’s work is used in Creative Firm’s final product.  No inadvertent failure by Creative Firm to comply with the credit line shall constitute a breach of this Agreement. Artist represents and warrants to Creative Firm that to the best of his/her knowledge the concepts, ideas, copy sketches, artwork, electronic files and other materials produced do not infringe on any copyright or personal or proprietarily 4 Picciafuoco, V (2013): The Collective Legal Guide for Designers (Contract Samples), in Smashing Magazine (2013) https://www.smashingmagazine.com/2013/04/legal-guide-contract-samples-for-designers and https://www.smashingmagazine.com/2012/08/15/free-download-useful-legal-documents-for- designers-pdf/; originally in Docracy.com rights of others, and that he/she has the unencumbered right to enter into this Agreement.     Artist will indemnify Creative Firm from any damage or loss, including attorney’s fees, rising out of any breach of this warranty. Artist grants Creative Firm the right to issue and authorize publicity concerning Artist and to use Artist’s name and approved biographical data in connection with the distribution and advertising of the project. Any proprietary information, trade secrets and working relationships between Artist and Creative Firm and its clients must be considered strictly confidential, and may not be disclosed to any third party, either directly or indirectly. With reasonable cause, either party reserves the right to cancel this Agreement without obligation by giving 30 days written notice to the other party of the intent to terminate.  In the event that either party shall be in default of its material obligations under this Agreement and shall fail to remedy such default within 60 days after receipt of written notice thereof, this Agreement shall terminate upon expiration of the 60 day period.  Should Artist’s commission be cancelled or postponed for any reason before the final stage, Creative Firm agrees to pay a cancellation fee based on work completed. Please indicate acceptance of the terms set forth above by signing this Agreement. Date
  • 21. OFFER FOR COMMISSIONED ILLUSTRATION5 This contract is an offer (“Offer”) by Artist name/registered trade name (“Artist”) to name of person commissioning(“Commissioner”) made on date for Artist to provide creative work (“Work” – as described below) as requested by Commissioner.  1.      Work. Commissioner retains Artist to create Enter a description of the work here. Work includes only the final, deliverable art, and not any preliminary work or sketches. 2.      Price and Delivery. The non-refundable flat-fee for Work is Price. Payment must be made in full before any work begins. Payment should be made in the method and manner specified by Artist. Work is to be delivered no later than date of delivery, but Commissioner agrees that the date of delivery is not material to this Agreement. 3.      Grant of Rights. Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to Work to Commissioner, excluding only the right to authorship credit, which is retained by Artist. Artist agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below. 4.      Artist’s Right to Authorship Credit. Artist may use Work in Artist’s portfolio (including, but not limited to, any website that displays Artist’s works). Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Commissioner does not have a proactive duty to display Artist’s name together with Work, but Commissioner may not seek to mislead others that Work was created by anyone other than Artist. 5.      Commissioner Accepts Artist’s Creative Vision. Commissioner agrees that Artist will complete Work in Artist’s creative style at Artist’s sole discretion. If Commissioner refuses to receive Work or demands Work be redone, it is understood and agreed that Commissioner is cancelling the Agreement, and no fee will be refunded. 6.      Cancellation, and Expiration. The fee for Work is non-refundable. If Commissioner nonetheless does not want or refuses to receive Work, Artist may 5 Ibid decide whether or not to complete Work, and will exclusively retain all right to Work. This Offer automatically expires upon 48 hours of being made and may not then be accepted. This Offer expires if it is verbally or through writing (including, but not limited to, by e-mail or text chat) withdrawn by Artist. 7.      Limitation of Liability. Commissioner agrees that Artist will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Artist’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.) 8.      Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services located at Internet URL http://www.judge.me. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of New South Wales, in the country of Australia. This Offer may be accepted (within 48 hours of being made or if withdrawn, as in Expiration, above) and be enforced upon the signature of Commissioner (an electronic signature is acceptable). Commissioner:____________________ (signature), on ________ (date)
  • 22. CONSULTING AGREEMENT (for Services)6   Effective Date (“Effective Date”),   Consultant Name (“Consultant”) and Company (“Company”), a Delaware corporation, agree (this “Agreement”) as follows: 1. Services and Payment. Consultant agrees to undertake and complete the Services (as defined in Exhibit A) in accordance with and on the schedule specified in Exhibit A. As the only consideration due Consultant regarding the subject matter of this Agreement, Company will pay Consultant in accordance with Exhibit A. 2. Ownership; Rights; Proprietary Information; Publicity. 2.1. Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by Consultant in connection with Services or any Proprietary Information (as defined below) (collectively, “Inventions”) and Consultant will promptly disclose and provide all Inventions to Company. All Inventions are works made for hire to the extent allowed by law. In addition, if any Invention does not qualify as a work made for hire, Consultant hereby makes all assignments necessary to accomplish the foregoing ownership. Consultant shall further assist Company, at Company’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. Consultant hereby irrevocably designates and appoints Company and its agents as attorneys fact to act for and in Consultant’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Consultant. 2.2. Consultant agrees that all Inventions and all other business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) Consultant develops, learns or obtains in connection with Services or that are received by or for Company in confidence, constitute “Proprietary Information.” Consultant will hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. However, Consultant shall not be obligated under this paragraph with respect to 6 Ibid ; see also http://webdesignlaw.com/ information Consultant can document is or becomes readily publicly available without restriction through no fault of Consultant. Upon termination and as otherwise requested by Company, Consultant will promptly return to Company all items and copies containing or embodying Proprietary Information, except that Consultant may keep its personal copies of its compensation records and this Agreement. Consultant also recognizes and agrees that Consultant has no expectation of privacy with respect to Company’s telecommunications, networking or information processing systems (including, without limitation, stored computer files, e-mail messages and voice messages) and that Consultant’s activity, and any files or messages, on or using any of those systems may be monitored at any time without notice. Consultant further agrees that any property situated on the Company’s premises and owned, leased or otherwise possessed by the Company, including computers, computer files, email, voicemail, storage media, filing cabinets or other work areas, is subject to inspection by Company personnel at any time with or without notice. 2.3. As additional protection for Proprietary Information, Consultant agrees that during the period over which it is (or is supposed to be) providing Services (i) and for one year thereafter, Consultant will not encourage or solicit any employee or consultant of Company to leave Company for any reason, and (ii) Consultant will not engage in any activity that is in any way competitive with the business or demonstrably anticipated business of Company, and Consultant will not assist any other person or organization in competing or in preparing to compete with any business or demonstrably anticipated business of Company. 2.4. To the extent allowed by law, Section 2.1 and any license to Company hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like. Furthermore, Consultant agrees that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and without any further compensation, Company may and is hereby authorized to use Consultant’s name in connection with promotion of its business, products and services and to allow others to do so. To the extent any of the foregoing is ineffective under applicable law, Consultant hereby provides any and all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. Consultant will confirm any such ratifications and consents from time to time as requested by Company.
  • 23. 2.5. If any part of the Services or Inventions is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed or otherwise exploited without using or violating technology or intellectual property rights owned or licensed by Consultant and not assigned hereunder, Consultant hereby grants Company and its successors a perpetual, irrevocable, worldwide royalty-free, nonexclusive, sub licensable right and license to exploit and exercise all such technology and intellectual property rights in support of Company’s exercise or exploitation of the Services, Inventions, other work performed hereunder, or any assigned rights (including any modifications, improvements and derivatives of any of them). 3. Warranty. Consultant warrants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Consultant may have to others; (ii) all work under this Agreement shall be Consultant’s original work and none of the Services or Inventions or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity (including, without limitation, Consultant); (iii) Consultant has the full right to provide the Company with the assignments and rights provided for herein; (iv) Consultant shall comply with all applicable laws and Company safety rules in the course of performing the Services and (v)  if Consultant’s work requires a license, Consultant has obtained that license and the license is in full force and effect. 4. Termination. If either party materially breaches a material provision of this Agreement, the other party may terminate this Agreement upon five (5) days written notice unless the breach is cured within the notice period. Company also may terminate this Agreement at any time, with or without cause, upon ten (10) days’ notice, but, if (and only if) without cause, Company shall upon termination pay Consultant all unpaid and undisputed amounts due for Services completed prior to notice of termination. Sections 2 (subject to the limitations on Section 2.3 stated therein) through 8 of this Agreement and any remedies for breach of this Agreement shall survive any termination or expiration. Company may communicate such obligations to any other (or potential) client or employer of Consultant. 5. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not a partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract. Consultant is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, workers’ compensation insurance. Consultant agrees to indemnify, defend and save Company harmless from any and all claims and threatened claims by any third party, including employees of either party, arising out of, under or in connection with: 5.1. The death or bodily injury of any third party, including any agent, employee, customer, business invitee or business visitor of Company but only to the extent caused or contributed to by Consultant, or the damage, loss or destruction of any tangible personal or real property but only to the extent caused or contributed to by the Consultant; or 5.2. An act or omission of Consultant in its capacity as an employer of a person and arising out of or relating to: (i) federal, state or other laws or regulations for the protection of persons who are members of a protected class or category or persons, (ii) sexual discrimination or harassment, (iii) work related injury or death, (iv)  accrued employees benefits and (v)  any other aspect of the employment or contractual relationship or its termination (including claims for breach of an express or implied contract of employment) and which, with respect to each of the clauses (i) through (v) arose when the person asserting the claim, demand, charge, action or other proceeding was or purported to be an employee or independent contractor of Consultant. 6. Assignment. This Agreement and the services contemplated hereunder are personal to Consultant and Consultant shall not have the right or ability to assign, transfer, or subcontract any obligations under this Agreement without the written consent of Company. Any attempt to do so shall be void. 7. Notice. All notices under this Agreement shall be in writing, and shall be deemed given when personally delivered, sent by confirmed telecopy or other electronic means, or three (3) days after being sent by prepaid certified or registered U.S. mail to the address of the party to be noticed as set forth herein or such other address as such party last provided to the other by written notice. 8. Miscellaneous. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of
  • 24. such rights. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflicts of laws provisions thereof. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to the jurisdiction thereof.In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.Any breach or threatened breach of Sections 2, 3 or 6 thisAgreement will cause irreparable harm to the Company for which damages would not be an adequate remedy, and, therefore, the Company is entitled to injunctive relief with respect thereto (without the necessity of posting any bond) in addition to any other remedies. This Agreement constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter described herein.  
  • 25. EXHIBIT A Services & Fees Services: Add description of services yoiur consultant is responsible for  Term: The term will continue until the Services are completed or the Agreement is terminated under Section 4, whichever occurs first. Fees: Hourly fee of $Hourly Rate Exclusive of travel time; payable semi-monthly  in arrears 30 days after receipt of itemized invoice, with a cap of $ Cap Amount in the aggregate. Expense reimbursement Limited to required, reasonable telephone expenses, coach class (or equivalent) transportation, lodging and meals that have been authorized in writing by Company in advance; payable 30 days after receipt of itemized invoice. 
  • 26. INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT7 This Intellectual Property Assignment Agreement (the “Agreement”) is made and entered into as Date, by and between Company (the “Company”) and Other Party (the “Recipient”) (collectively, the “Parties”). The Parties hereby agree as follows: 1. The Recipient agrees to assign to the Company, or its designee, all right, title, and interest in and to any and all inventions, original works of authorship, developments, concepts, improvements, designs, drawings, discoveries, algorithms, formulas, computer code, ideas, trademarks, or trade secrets, whether or not patentable or registrable under patent, copyright or similar laws, related to the Company’s business, which the Intern may solely or jointly conceive or develop or reduce to practice, or cause to be conceived or developed or reduced to practice, with the use of Company’s equipment, supplies, facilities, assets, or Company Confidential Information (see NONDISCLOSURE AGREEMENT), or which may arise out of any research or other activity conducted under the direction of the Company (collectively referred to as “Intellectual Property”). 2. The Recipient understands and agrees that (i) all original works for authorship which are made by the Recipient (solely or jointly with others) within the scope of the Company’s business which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act and (ii) the decision whether or not to commercialize or market any Intellectual Property is within the Company’s sole discretion and for the Company’s sole benefit and that no royalty or other consideration will be due to the Recipient as a result of the Company’s efforts to commercialize or market any such 7 Ibid Intellectual Property. 3. The validity, construction and enforceability of this Agreement shall be governed in all respects by the law of the State of Delaware. This Agreement may not be amended except in writing signed by a duly authorized representative of the respective Parties. This Agreement shall control in the event of a conflict with any other agreement between the Parties with respect to the subject matter hereof. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
  • 27. Assessment Part B Website design brief Nature of task: Develop and document skills and knowledge of all course content. Location for assessment: Own time Supervision: Trainer Word count: 750 words Required Refer to Case Study B Navigate to the Additional resources page to download Case_study. pdf. You are required to work online with a friend, colleague or peer who will role play throughout the development process as ‘Michelle’ or ‘Matthew’, hereafter referred to as the ‘client’. You are required to apply the same processes and techniques you applied in progress challenges 1-3, this time in relation to Case study B. This should result in the same set of evidence and finalised design brief as compiled in progress challenges 1-3: • Establish design requirements • Develop and refine the design brief • Negotiate terms and conditions Recommended • Complete all activities and self-checks • Engage in forum discussions Summary • Save your final work as a PDF for final submission. • We recommend that you use InDesign to collate your work, but you may choose an alternate technology Case study B Once the logo and branding requirements have been costed, you have also been asked to quote and refine a secondary brief on the website design. In the initial conversation, the client explains they definitely want ten pages designed but that she is not sure how interactive each should be. Some of the core requirements Michelle highlights are: • Ten pages • Some pages more interactive than others • A contact page • Home page with drop-down menu, footer and banner that rotates only on click • Regularly-updated video content on another page • A gallery page • Terms & Conditions page • Most importantly, the other pages need to be different categories in a blog format • As a general style, she has pointed out that she likes the colours from http:// glammeup.com.au and the style and simplicity of http://www.vogue.com.au and http://www.vogue.com.au. Section 1.2: Sources of information http://glammeup.com.au; http://www.vogue.com.au; http://www.vogue.com.au; http://www.viviensmodels.com.au; http://explore.calvinklein.com/en_US/explore
  • 28. E s t a b l i s h d e s i g n r e q u i r e m e n t s The same methods were used to establish the website via email and questionnaire. However, lets recap what are the website requirements: What is the purpose of this website?  We are hoping it will be a blog site, which will offer different tips on beauty, hair and makeup, the exact details – TBA (to be advised).  What types of people are going to be using your site? (Be specific)  We expect most people who are interested in fashion and beauty. More specifically, we cater towards professional women in from their late 20’s to their late 40’s; this will be our core audience.  Matthew: I am hoping to cater for males of a similar age bracket and socio- economic status. Who are your main competitors? (Links to their websites are fine):  These include Vogue, Glam Me Up, Calvin Klein, Gritty Pretty and Vivien’s Models.  These include other professionals in the beauty and fashion industries. Your content. What is the content required for your site? (Please provide separately as a set of files.) Site content notes (include any links/notes). We hope this will include:  A logo to be used in the banner, header and website – this should be a jpeg, svg or png file.  Content notes, including notes and links on web pages and blog entries.  Ten pages;  More interactivity on some pages than others;  A contact page;  A home page with a drop-down menu, footer, and a banner that rotates upon clicking;  A page with video content that can be easily and regularly updated;  A gallery page;  A ‘Terms and Conditions’ page;  Other pages for different categories in a blog format.  Related file names provided separately (images/videos): These include JPGs, svgs, pngs for stills; avi’s, mpegs for video files; text files include txt (WordPad), and docs (word). Additional notes regarding the logo and website?  Glam Me Up was designed in 2011 by Web Design Café;  Gritty Pretty is founded by beauty editor Eleanor Pendleton.  Vivien’s Models was designed (and last updated in 2016) by James Hodgson Website Terms of Service These are situated on page 33.
  • 29. Develop and refine the design brief
  • 30. Section 2.4 – Feedback from client (email communications) From: Colleen Sedgwick <csedgwick67@outlook.com.au TO: Michelle Gambino <mgambino@iinet.com.au> CC: Matthew Hadley mhadley@gmail.com.au Date: Friday, 7 October 2016; 11:16:12 AM Subject: Request for Design Services Good morning Michelle, Thank you for your interest in the InCorn theme. The name of the designer is Serge and the link to his site is http://color-theme.com/. The InCorn theme is one of many so I hope you can find something else to your liking. I have also enclosed the two completed brief forms for your own (and Matthew’s) perusal, as well as a second short presentation. Could you both let me know your thoughts on these and whether or not they need any altering. Sincerely, Colleen Sedgwick https://csedgwick67.myportfolio.com/projects PO Box 664 LANE COVE NSW 2066 Ph: 02 9418 9441 Email: csedgwick67@outlook.com.au In reply to: From: Michelle Gambino TO: Colleen Sedgwick <csedgwick67@outlook.com.au> CC: Matthew Hadley <mhadley@gmail.com.au> Date: Sunday, 2 October 2016, 9:32:15 AM Subject: Request for Design Services Good morning Colleen, Thank you for your small PowerPoint presentation and I am impressed with the InCorn theme because of its responsive features. What is the name of the design- er of this theme? Sincerely, Michelle Gambino Michelle’s and Matthew’s Make-up and Beauty Section 2.5 – Reflection At first, I have not initially considered overly ‘pinkish’ themes – mainly because I found them to be too ‘adolescent’ (as in Glam Me Up). However, the designer of the In Corn theme (Serge) has a other themes available for Word Press. One of these is World News (where the dominant theme colour is ‘coral’ – a bright pink- ish-red colour) – it has similarly interactive features, and is warm and ‘personable’ without looking overly ‘adolescent’. Section 2.6 - Sign-off. 50 words. In your finalised design brief for sign-off, you must show evidence of: Email Communications 05
  • 31. From: Colleen Sedgwick <csedgwick67@outlook.com.au TO: Michelle Gambino <mgambino@iinet.com.au> CC: Matthew Hadley mhadley@gmail.com.au Date: Friday, 7 October 2016; 11:16:12 AM Subject: Sign off Good morning Michelle, Thank you – my administrative staff have now approved the transaction and now we will give our designing staff the go-ahead. Sincerely, Colleen Sedgwick https://csedgwick67.myportfolio.com/projects PO Box 664 LANE COVE NSW 2066 Ph: 02 9418 9441 Email: csedgwick67@outlook.com.au In reply to: From: Michelle Gambino TO: Colleen Sedgwick <csedgwick67@outlook.com.au> CC: Matthew Hadley <mhadley@gmail.com.au> Date: Sunday, 2 October 2016, 9:32:15 AM Subject: Sign off Good morning Colleen, Just a quick message to let you know that Matthew has agreed to the brief and we have just had our administrative staff approve it. Sincerely, Michelle Gambino Michelle’s and Matthew’s Make-up and Beauty Section 2.7 - Refinements, Research and evaluation and Application of prob- lem-solving skills One of the ways my creative thinking skills informed your refinement of the brief is to ‘think outside of the box’ and consider all the options available. This means including a mind-map (for all things ‘fashion-related’) and more than one style (not just what one partner (or the other) wants. The mind-map also gets both Michelle and Matthew to consider all categories for fashion and beauty, including make-up.
  • 32.
  • 33. Ideas All these images are examples of blog and website ideas for Michelle’s and Matthew’s site. They include (clockwise): 1. InCorn: there are no pink colours but the site is nevertheless fashionable, understated and suitable for both men and women1 ; 2. Other examples of web designer, Serge’s blog templates - he goes under the name Colour Theme2 ; 3. Another example of Serge’s template, World News3 . 1 Colour Theme (2016): In Corn - http://demo.col- or-theme.com/?theme=Incorn[1/10/2016 10:38:41 AM] 2 Colour Theme (2016): Themes, http://color-theme. com/themes/ and Colour Theme (2016): Home Page, http:// color-theme.com/ 3 Colour Theme (2016): World News, in http://col- or-theme.com/portfolio/worldnews/
  • 34. Website Terms of service3 There must at least be a page outlining the terms and conditions. The below terms and conditions are yet to be on my own website and are just an example. I will most probably substitute Michelle’s and Matthew’s business and website names for my own when designing a Terms of Service page. Your Sedgie Art Terms of Service (“Agreement”) This Agreement was last modified on Tuesday, 11 October 2016. Please read these Terms of Service completely using https://sedgieart.blogspot. com.au/, https://csedgwick67.myportfolio.com/projects and any associated websites, owned and operated by Sedgie Art. This Agreement documents the legally binding terms and conditions attached to the use of the Site at https:// sedgieart.blogspot.com.au/, https://csedgwick67.myportfolio.com/projects and associated websites. By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to these Terms of Service. Intellectual Property The Site and all of its original content are the sole property of Sedgie Art and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Termination Sedgie Art reserves the right to terminate your access to the Site, without any advance notice. 3 Original document downloaded from Sandvick, C M (2016): Terms and Conditions for website, in Wikihow: http://www.wikihow.com/sample/Terms-and-consitions-for-website; accessed 8th October, 2016 at 2:06pm Links to Other Websites Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Sedgie Art. Sedgie Art has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site. Governing Law This Agreement is governed in accordance with the laws of New South Wales and Australia. Changes to This Agreement Sedgie Art reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service. Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Your Nowhere Town site immediately. Contact Us If you have any questions about this Agreement, please feel free to contact us at csedgwick67@outlook.com. Negotiate terms and conditions
  • 35. Assessment Part C Report Nature of task: Develop and document skills and knowledge of all course content. Location for assessment: Own time Supervision: Trainer Word count: 200 words Required You are required to write a 200 word reflection on the process used throughout Parts A and B. List all documents compiled for each progress challenge and note any references or resources used. Recommended • Complete all activities and self-checks • Engage in forum discussions Summary • Save your final work as a PDF for final submission. • We recommend that you use InDesign to collate your work, but you may choose an alternate technology
  • 36. I have included the following documentation in this Assessment Task: 1. One questionnaire – to establish what Michelle and Matthew want for their banner and website (in Part A); 2. A blank copy of the Creative Brief Template (Part A, but meant for Part B also); 3. Completed Briefs: these are the initial ones for the logo (Part A) and website (Part B); 4. Refined Briefs: since neither Michelle nor Matthew expressed a change of preference, I decided not to fill these out as I felt it was not necessary. 5. Email communications: to keep Michelle and Matthew informed throughout the process (and vice versa); 6. Presentations: for Progress challenges 1 and 2, I submitted them separately to Open Colleges, and to my Linked In page; 7. Terms and Conditions: I established these as a way of protecting myself legally throughout the process; with the exception of the Website Terms and Conditions (which I included in Part B), in included all of them in Part A (even though they are relevant to both parts). For Michelle’s and Matthew’s Terms and Conditions, I would alter them for their own web pages. R e p o r t
  • 37. • Calvin Klein: http://explore.calvinklein.com/en_US/explore[4/08/2016 8:03:52 AM] • Channel 9 (2016): Image 1 http://i1.ytimg.com/vi/bcN1OsEyUYM/maxresdefault.jpg • Colour Theme (2016): Home Page, http://color-theme.com/ • Colour Theme (2016): In Corn - http://demo.color-theme.com/?theme=Incorn[1/10/2016 10:38:41 AM] • Colour Theme (2016): Themes, http://color-theme.com/themes/ • Colour Theme (2016): World News, in http://color-theme.com/portfolio/worldnews/ • Creative Bloq - http://www.creativebloq.com/wordpress/wordpress-portfolio-themes-11121205[1/10/2016 9:43:12 AM] • Envato (2016): Theme Forest – Zerge, https://themeforest.net/user/zerge • Glam Me Up: http://glammeup.com.au/[4/08/2016 7:57:46 AM] • Gritty Pretty: http://grittypretty.com/[4/08/2016 8:10:34 AM] • Lady Love Hair and Makeup (2016): Image 2 http://www.ladylovehairandmakeup.com.au/images/party-make-up.jpg • Legal Vision (2016): Online Legal Services - Affordable and Easy; https://legalvision.com.au/; • Myers, J C (2012), ‘Contracts – Full Terms and Conditions’ in Web Design Law, http://webdesignlaw.com/contracts/full-terms-and- conditions.html; • Myers, J C (2012), ‘Letter of Agreement’ in http://webdesignlaw.com/contracts/letter-of-agreement.html, accessed Tuesday, 11 October 2016 at 11:44:12 PM • Picciafuoco, V (2013): The Collective Legal Guide for Designers (Contract Samples), in Smashing Magazine (2013) https://www. smashingmagazine.com/2013/04/legal-guide-contract-samples-for-designers and https://www.smashingmagazine.com/2012/08/15/free- download-useful-legal-documents-for-designers-pdf/; originally in Docracy.com References
  • 38. References (2) • Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://wikihow.com/Write-Terms-and-Conditions, accessed 8th October, 2016 at 2:06pm; • Sandvick, C M (2016): How to Write Terms and Conditions, in Wikihow: http://wikihow.com/Write-Terms-and-Conditions, accessed 8th October, 2016 at 2:06pm • Sandvick, C M (2016): Sample Terms and Conditions; in Wikihow: http://www.wikihow.com/images/sampledocs/q/Terms-and-conditions. pdf; accessed 8th October 2016 at 2:10pm • Sandvick, C M (2016): Terms and Conditions for website, in Wikihow: http://www.wikihow.com/sample/Terms-and-consitions-for-website; accessed 8th October, 2016 at 2:06pm • Sedgwick (2016): Progress Challenge 01 Presentation for Michelle and Matthew’s Beauty and Makeup; in SlideShare, http://www.slideshare. net/ColleenSedgwick/30535a-progress-challenge-01-presentation; • Sedgwick (2016): Progress Challenge 02 Presentation for Michelle and Matthew’s Beauty and Makeup; in SlideShare http://www.slideshare. net/ColleenSedgwick/30535a-progress-challenge-02-presentation; • Vivien’s Models: http://www.viviensmodels.com.au/sydney/[4/08/2016 7:59:32 AM] • Vogue India: http://www.vogue.in/[5/10/2016 8:39:14 PM] • Vogue: http://www.vogue.com.au/[4/08/2016 8:06:25 AM]