Terms & Conditions
These are the terms and conditions of quotation and sale of all products and services supplied by Ausgraphics. Except as otherwise expressly agreed upon in writing between a duly authorised officer of Ausgraphics and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.
1. Quotations are valid for a period of 30 days.
2. All orders placed with Ausgraphics shall only be accepted subject to these terms and conditions and Ausgraphics may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Ausgraphics to the client.
3. If a client cancels or alters any order or part order at any time after Ausgraphics has received the order then Ausgraphics reserves the right to render additional costs to the date of such cancellation or alteration.
Terms of Payment
4. For quotations $500 and over the client shall make payment within the following terms:
a. 50 percent deposit on receipt of signed quotation approval;
b. 50 percent balance upon either of the following:
i. if a website, upon site is posted live or;
ii. if print work, upon finished work being handed to the client.
d. All payments are to be made in full within 14 days of the date of invoice.
5. For quotations under $500 the client shall make payment within the following terms:
a. Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;
b. All payments are to be made in full within 14 days of the date of invoice.
6. Payment shall be made by either direct electronic deposit, cash, Money Order, cheque or PayPal using MasterCard or Visa (2.5% surcharge applies for credit card payments).
7. If the client fails to make payment in accordance with clause 4 or 5, Ausgraphics shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Ausgraphics). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
8. Ausgraphics shall also be entitled to claim from the client all costs relating to any action taken by Ausgraphics to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.
Copyright and Ownership
9. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Ausgraphics shall be the absolute property of Ausgraphics and the client shall not use such material in any media until payment is made by the client to Ausgraphics in accordance with clause 4.
10. The copyright for all purposes in any ideas, designs, Artwork, compositions, symbols, logos and other trade indicia prepared or developed by Ausgraphics (“the copyright work”) vests in Ausgraphics.
11. In consideration of payment by the client in accordance with clauses 4 & 5, Ausgraphics as the beneficial owner assigns to the client the copyright work subject to clause 12.
12. Notwithstanding clauses 9 to 11 herein, Ausgraphics shall retain copyright ownership of all draft concepts, Artwork, compositions, symbols and logos (“the draft Artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Ausgraphics’ title in the draft Artwork.
13. Ausgraphics may use any Artwork/design for it’s own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Ausgraphics’ ‘designed by’ link will remain for the life of the design except by negotiation.
Revisions and Supply of Content
14. Unless otherwise negotiated or Ausgraphics’ copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Ausgraphics assumes all written content adheres to copyright laws.
15. Images are also expected to be supplied before work begins, unless by prior negotiation or if using Ausgraphics’ photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Ausgraphics assumes that all correct permissions have been sought and/or royalties paid for images used.
16. Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Project Duration and Client Response Time
17. The client agrees to provide timely responses to Ausgraphics after receiving status notifications, work for review or requests for information. The client shall have 60 days to respond to each draft/request for information submitted. If the client has failed to respond after 60 days, Ausgraphics will deem the project complete. At such time, Ausgraphics shall have no further obligation to the client, and the client shall pay Ausgraphics all fees and expenses associated with the work performed.
18. The client assumes responsibility to pay any fees for hosting, SEO and or website maintenance contracts as negotiated with their supplier/s. Additional fees may apply should termination of an account cause Ausgraphics additional work to re-establish the website/email accounts to their former state. Should the client wish to move their hosting, SEO and or website maintenance accounts to a new provider, they must notify Ausgraphics beforehand so appropriate measures can be taken to ensure a smooth transition. Ausgraphics will generate a full backup of a website upon completion of the most recent update/s made by Ausgraphics.
19. Ausgraphics shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Ausgraphics 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.
20. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Ausgraphics may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Ausgraphics may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of Queensland applying the laws of the State of Queensland.