261 Terms & Conditions
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of 261 Design, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
2. These Terms and Conditions are subject to change without notification by the Company.
3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Visual Brief) will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the Client’s business design requirements.
5. If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.
6. The Company does not offer a set number of revisions to logo Artwork under the original Visual Brief.
The Company will not charge for additional revisions of logo Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided).
7. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $60 per hour. All prices exclude GST. Additional expenses will be charged accordingly.
8. Quotations are generated by the Company on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
9. The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
10. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
11. The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
12. The Company reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable/unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (19)
13. The Company reserves the right to invoice for work completed if the project exceeds 60 days.
14. The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.
15. All payments are to be made within 7 days of invoicing.
16. The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
17. The Company reserves the right to delete web sites with accounts more than 90 days of outstanding payment.
Cancellation and Variation Policy
19. The Company reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).
20. If the Client requests the cancellation of a Contract, The Company will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
21. The Company will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.
Approving Proofs/ Designs/Printing
22. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction.
Submission of Client artwork
23. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.
24. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assume all written and visual content adhere to copyright laws and all correct permissions have been sought and/or royalties paid for use.
25. Ownership of copyright over all concepts and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
For more information visit http://www.copyright.org.au/information
26. Artwork designed will remain the property of the Company until the account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee.
27. Upon full payment of the account, the copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
28. With all printing there may be some colour variations from electronic visual representations of Artwork. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
29. The Company shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Amendments to these Terms and Conditions
30. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of The Company prior to the commencement of work.