Below is True Apparel PTY LTD (herein referred to as ‘Company’, or ‘the Company’) standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from True Apparel PTY LTD trading as True Apparel PTY LTD, you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of True Apparel PTY LTD, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
- These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
- These Terms and Conditions are subject to change without notification by the Company.
- These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
- 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 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.
- 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.
- 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).
- Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $120 per hour, billed in 15 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
- Quotations are generated by the Company on the basis of the initial brief and expected time investment. Quotations may be subject to change if additional work is required.
- All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.
- 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.
- If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
- The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of printing or finalisation of artwork. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
- 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)
- The Company reserves the right to invoice for work completed if the project exceeds 60 days.
- 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.
- All prices quoted on the Company’s web site and advertising material exclude shipping and exclude GST.
- All payments are to be made within 7 days of invoicing or as otherwise stated on invoice.
- 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.
- The Company reserves the right to delete web sites with accounts more than 90 days outstanding payment.
Cancellation and Variation Policy
- 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).
- 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.
- If the determined monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference.
- 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
- 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. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by you or anyone else, or otherwise arising.
Limitation of liability
- The Client agrees and accepts that The Company is not legally responsible for any loss or damage suffered or incurred related to use of any of The Companies services, whether from amendments, errors or omissions in documents, designs, information or any goods or services we be offered by The Company. This includes the Clients use or reliance on any third party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials The Company produces, amends or designs is entirely at your own risk, for which we shall not be liable.
- It shall be the clients own responsibility to ensure that any products, services or information you use meet their specific requirements.
- The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of The Company for any such inaccuracies or errors to the fullest extent permitted by law.
Submission of Client artwork
- 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.
- 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 assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
- 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
- Artwork designed will remain the property of the Company until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. Upon full payment of account, 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.
- The Company does not take any responsibility for Trademarking of any kind. It is the client's responsibility to check trademarking laws and existing Trademarks for availability.
- Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 10-20 working days depending on the product type. This period commences at the date of Client approval of Artwork proof and payment.
- All time quotations are an estimate and are based on calendar working (business) days. No quoted printing, Artwork and delivery dates are guaranteed and can vary.
- With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and the bulk-run printing system. There will be no reprints at our expense.
- The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
- 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.