Terms and Conditions
These terms of trading apply to all work we do for you and are to be read with any estimates provided. They override any other terms and conditions and can only be changed by mutual agreement in writing.
Any estimate we provide remains valid for 30 days from the date of the estimate.
Payment of our invoices must be made within 14 days of the date of the invoice.
Suspension of work
Unless all outstanding invoices for a project are fully paid, we reserve the right to not begin, continue or deliver any work (including goods).
Payment in advance
We may require payment in advance before commencing any project or any stage of any project.
If you dispute any invoice, you must notify us in writing within 14 days of receiving it.
Any ideas we disclose to you remain our property unless you purchase them. You must not use these ideas without our permission (this includes showing or telling the ideas to another agency or supplier).
Intellectual property rights
Where delivery deadline is unable to be met within the quoted schedule due to delay in supplying required material, or a turnaround time of less than 24 hours is required, we reserve the right to charge an additional rush fee of $250.00 on top of the estimated price. This price covers the cost of additional resources required to complete the job within a reduced time frame.
We will normally have to rely on the accuracy of factual information you provide to us. Accordingly, you will need to check any raw materials (copy, designs, specifications etc) which are provided to us to make sure that, to the best of your knowledge:
- it does not infringe any copyright, trade mark or design;
- it is not in breach of confidence, misleading or deceptive;
- it is not defamatory or unlawful;
- all factual statements are true; and
- legal requirements for packaging or labelling goods are complied with.
We will process supplied material on the basis that you indemnify us against any breach of these requirements. This indemnity continues after our agreement ends.
Please check material we supply to you for your approval thoroughly. Once you approve material you will have accepted responsibility for it and we will be able to proceed to the next stage.
If you request changes or additional work, the project may need to be re-costed and a new estimate will be provided. If the project is cancelled or postponed prior to completion, you will be billed for services and materials incurred up to that point (including cancellation fees charged by suppliers). You are responsible for increased costs for materials and external services where increases are beyond our reasonable control.
Delay in supplying raw material or Returning signed proofs
In order for us to keep to production schedules, we may need you to provide us with material on which to work, (eg. the text of a brochure) or return signed proofs within a specific time. If these are not received by the date / time we specify for their return, we are entitled to add the length of the delay to our production schedule. Delays may incur a rush fee (see Rush Fees)
Any corrections to text and layout once the concept and text have been client approved, additional material (including photos) and amendments or additions after commencement of work are additional to our response to your brief. They will be invoiced as client-requested amendments.
While we take all reasonable care, we are not liable for printers’ errors. If you do not notify us of defects within seven days of delivery, you are taken to have accepted the goods as being satisfactory.
If you want us to archive or keep any artwork, film, computer files and other materials, you should tell us in writing before we complete your project. Due to the unstable nature of storage media, we cannot guarantee that your files or material will not become corrupted. We endeavour to archive your work for 12 months from completion. If you require copies after completion, we will provide them for a reasonable retrieval fee.
We have not included all chargeable out-of-pocket expenses (such as couriers, materials etc) in the quote, as these are hard to pre-determine. We charge a commission on all out-of-pocket expenses (including colour lasers, illustration, photography etc) to cover administration costs.
Third party supplies
We may advise you on or obtain for you goods or services from third parties. When you have signed an order for these goods or services you become responsible for their payment. Any claim you may have in relation to these goods or services (eg quality) is directly with the supplier and not with us.
Samples of finished items
We keep at least 10 samples (three if the unit cost is high) of each finished product designed by us. These are used for our folio of work and for entering into design competitions.
By engaging our services you agree to be bound by these terms of trading. Engaging our services means accepting quotes, estimates or proposals to the extent that we perform agreed work for you.
We give no express warranty in relation to the supply of our services to you and you acknowledge that you have not relied on any representation or warranty made by us or on our behalf. Further, to the extent permitted by law, if we become liable to you in any manner whatsoever for breach of warranty or for any other reason, then our liability is limited solely to the cost of supplying the services to you again or the payment of the cost of having the services supplied to you by a third party, whichever we choose.
We may use subcontractors to perform any part of the work for you.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
Law of agreement
The law of Victoria, Australia applies to these Terms of Trading.