Graphic Design, Marketing, Branding, Print Design, Web Design, Art Direction, Business Strategy, Photography, Copywriting, Typography
Graphic Design, Marketing, Branding, Print Design, Web Design, Art Direction, Business Strategy, Photography, Copywriting, Typography

terms of

Where referred to in the following text 'the Business' means WHATNOT (T/A whatnot & co.) ABN 98 126 690 270

1   Quotations

a) All prices quoted are for immediate acceptance but they do not include GST (Goods & Services Tax) unless it is specifically included. GST will always be the Client's responsibility. Quotations are based on the current costs of production. Any Variations in list prices and/or the cost of labour, raw materials, etc., are for the Client's account.

b) When estimates are based on specifications, roughs, layouts, samples, dummies, or printed, typewritten or other good copy­—any extra work or cost caused by any variation by the Client of the original instructions or by the manuscript copy being poorly prepared or by the Client's requirements being different from those originally submitted or described, may be charged against the Client.

c) When the Business's quotation has been accepted by the Client, it shall be deemed to interpret correctly the Client's instructions, whether written or verbal. Where only verbal instructions are received from the Client, the Business shall not be responsible for errors or omissions due to oversight or misinterpretations of those instructions.

D) Quotations by default Include one variation to creative content at the request of the client. Additional variations & proofs will be charged to the clients at the businesses discretion.

2   Payment & Delivery Terms

A) Payment terms are no more than fourteen (14) days from the date of invoice issue unless specifically noted otherwise within a quotation.

b) At the discretion of the business, an administration fee may be charged for payments not received by the invoiced due date. Debt outstanding after twenty eight (28) days may be charged Fee amounting to twenty(20) percent of the total outstanding debt. Debt outstanding after Ninety (90) days from the due date may be referred to a collection agency, and In the event that a collection agency appointment is required, a further Fee amounting to twenty (20) percent of the total outstanding debt will be added to cover collection costs.

C) Delivery of goods shall be accepted and payment shall become due upon notification by the Business to the Client that the goods are ready for delivery.

D) Any times quoted for delivery are estimates only and the Business shall not be liable for failure to deliver or for delay in delivery arising from any cause whatsoever beyond the Business's control. The Client shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery or dispatch.

E) Any goods not taken up by the Client within the period stated for delivery shall be paid for in full within one month from the date of expiration of that period. Such goods will remain at the Client's risk.

F) Every endeavour will be made to deliver the correct number ordered but owing to the difficulty of producing exact quantities, estimated and/or orders are conditional upon a margin of five (5) percent (in multi-colour work ten (10) percent) being allowed for overs or shortages which shall be charged for or deducted.

3    Progress Payments

After work has been in hand for one month the Business shall be entitled to a progress payment amounting to one hundred (100) percent of the value of the work completed.

4   Expedited Delivery

Should delivery of work be required sooner than the normal time requisite for its production, reasonable efforts will be made by the Business to secure freedom from defects but the Business will not be held responsible for defects caused as a result of the requirement for such early delivery. Should the early delivery necessitate overtime being worked or other additional cost being incurred, an additional charge will be made to cover this enhanced cost.

5   Cancellation or Suspension of Work

The suspension by the Client of any work, for any reason whatsoever, for a period of thirty (30) days shall entitle the Business to payment in full for the portion of work completed.

6   Description—Implied Conditions & Warranties

a) Any description of the goods contained in this Contract is given by way of identification only and the use of such description shall not constitute this Contract a sale by description.

b) No conditions or warranties expressed or implied by law and no representations or statements are binding on the Business unless set out in this Contract.

7   Claims

No claims will be recognised unless made in writing within fourteen (14) days after delivery of goods to the Client. No claim for damage direct or indirect in respect of the goods shall in any case exceed the Contract price of the specific item in respect of which damage shall arise. All damage above such Contract price shall be borne by the Client. The Client agrees to keep the Business indemnified against all claims costs and demands of third parties arising directly or indirectly from the use or operation of the goods. Claims by the Client as to non–delivery shall not be made more than twenty–eight (28) days after the dispatch of the goods.

8   Acceptance

Acceptance of the Business's quotation shall be an acceptance of these terms and conditions notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the Client's order unless otherwise expressly agreed by the Business in writing.

9   Proofs

All quotations provide for one Digital proof only, which will be supplied upon request. Additional Or physical copies will be charged extra. Any Client additions or alterations or Rearrangements when the proof is submitted, will be charged for as author's corrections. No responsibility will be accepted by the Business for errors in goods previously approved by the Client. An extra charge will be incurred if machine calibration proofs are required by the Client.

10   Standing Matter

At the discretion of the Business, all plates, type, cutting forms and other surfaces may be cleaned off and/or broken up immediately upon completion of work unless otherwise agreed by the Business in writing. All matter kept standing by the Business at the request of the Client, shall remain the absolute property of the Business. If at the request of the Client, the Business agrees to keep matter standing, an additional charge may be made for storage, maintenance and any other necessary attention.

11   Client Supplied Property & Material

a) Client property and all property and material supplied to the Business by or on behalf of the Client (including goods in transit) will be held at the Client's risk and the Business accepts no liability whatsoever for loss of or damage to such property or material unless otherwise agreed by the Business in writing.

b) Unless otherwise agreed to in writing by the Business no responsibility is accepted for the insurance of such property or material.

c) Where the Client supplies materials, adequate quantities shall be supplied to cover spoilage. Any materials shall not be counted or checked when received unless requested by the Client in writing. An additional charge may be incurred from the Business in respect of any such counting or checking requested by the Client.

d) In the case of property and materials left with the Business without specific instructions, the Business shall be free to dispose of said materials at the end of six (6) months after receiving them. Additionally materials deemed useful by the business may be retained or sold to cover costs in holding and handling.

e) Where materials or equipment are supplied by the Client, the Business accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment.

f) An extra charge may be made by the Business for handling or storing property or material supplied by or on behalf of the Client.

g) Client property and all property and material supplied to the Business by or on behalf of the Client (including goods in transit) will be treated as proprietary material and will not be released to any other party without the written consent of the Client.

12   Copyright & Ownership

A) All creative work developed by the business is believed to constitute original work, Developed with the premise that it does not infringe the rights of any other party. The business cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise.

B) The business is unable to unequivocally guarantee that work supplied to the Client is suitable for any particular purpose and would strongly recommend that the Client conduct relevant research prior to the approval of any prepared work.

C) All creative work and or content created for the client, is licensed to the client on a one time only basis and may not be modified, re-used or re-distributed in any way without the express written consent of The Business. Where multiple designs are proposed and submitted to the client for selection, Only the one design selected by the client is deemed by the business as fulfilling the contract. All other designs remain the property of the business, unless specifically agreed in writing.

d) Unless specifically agreed in writing, The Business retains the right to display any and all creative material developed, on any medium seen fit by the business, for the purpose of marketing or advertising.

e) All Conceptual Drawings, sketches, concepts, paintings, photographs, designs or typesettings furnished by the Business, dummies, models, or the like devices made or procured and manipulated by the Business remain the exclusive property of the Business unless otherwise agreed in writing.

f) Sketches and concepts submitted by the Business on a speculative basis shall remain the property of the Business. They shall not be used for any purpose other than that nominated by the Business and no idea therefrom may be used without the consent of the Business. The Business shall be entitled to compensation from the Client for any unauthorised use of such sketches and concepts.

g) The electronic copy of any work produced for the client, i.e. drawings, logos, sketches, photographs, designs, word processing, pagination, animations, databases, maps, general typesettings, electronic or Digital data files and/or computer discs and hard drives remain the property of the Business unless agreed in writing that the price quoted is to include the supply said material on disc or hard drive.

13   Type & Other Material

Unless otherwise agreed, the Client shall bear the cost of type, fonts or ornaments specially bought at the request for the Clients work.

14   Outside Work

Where the performance of any contract with the Client requires the Business to obtain goods or services from a third party, the contract between the Business and the Client shall incorporate and shall be subject to the conditions of supply of such goods and services to the Business, and the Client shall be liable for the cost in full of such goods and services.

15   Experimental & Preliminary Work

Preliminary work and/or work produced in an experimental way at a Client's request will be considered an order and charged to the Client's account.

16   Construction of the Contract

This Contract shall in all respects be construed and operate as a contract made in the State of Victoria, Australia and Victorian law shall be the law of the contract. Any legal proceedings under this contract shall be brought in the appropriate Court in the said State of Victoria.