TERMS AND CONDITIONS
Click Design Limited (“the Designer”)
All prices quoted by the Designer to the Client (the “quote”) are exclusive of Goods and Services Tax (GST). Quotes will lapse if not accepted within 30 days.
Work to be carried out by the Designer may be detailed in an estimate (the “estimate”). Any alterations or additions made by the Client following the estimate may be at the financial discretion of the Designer dependent upon the extent of the alterations or additions.
The Designer will invoice the Client for the work performed, taking into account the estimate and the quote to the Client (the “invoice”). Invoices will be sent to the Client on a monthly basis and at the completion (the “completion date”) of the work performed. Invoices not paid within 60 days of the completion date will be charged interest at 17% p.a. calculated monthly on the amount outstanding (the “interest”). If payment of the invoice is outstanding for 120 days from the completion date and supply of the work, a collection agency will be engaged by the Designer to collect monies owing by the Client. Interest plus any collection agency charges and/or legal costs will be added to the amount owing and will also be payable by the Client. For all new Clients a deposit of 30% of the estimate shall be payable upon the Client’s acceptance of the quote. The Designer reserves the right to charge the Client a 30% upfront payment for any quote for a design and typesetting project deemed by the Designer to be of a complicated and technical nature. For Clients required to pay the 30% deposit/payment, the balance of the quote shall be due and payable on the 20th of the month after the date of the invoice. The Designer reserves the right to charge, without limitation, for costs and disbursements incurred for items such as, extra production, time and expenses, equipment hire charges, and/ or extra media expenses when the original estimate has been exceeded due to the project extending, or changes by the Client. These expenses may be on-charged to the Client in addition to the quote. Any payments made in full or part, indicate that the Client has read and understood all of our Terms and Conditions of Trade.
4. Proof Approval
The Designer is not liable for errors or variations in the finished work where such errors or variations were contained in the proof approved by the Client.
Copyright for material produced by the Designer for the Client (the “material”) remains the property of the Designer until full payment for goods and/or services has been made. Upon the Client’s full payment to the Designer the copyright shall be transferred to the Client. The Designer reserves the right to retain ownership of the material and its copyright until full payment has been made. The Client confirms that they have ownership to, or have the rights to use any information which is supplied to the Designer for the material. The Client confirms that any royalties or authorisation to use any media, logos, production titles, and phrases of any description for the purposes of production has been sought and approved by the appropriate association, individual or company and appropriate fees paid (if any). The Client further guarantees that the Designer will not be liable for any grievances caused by non-compliance of right to use material or copyright issues. The Client agrees not to use or duplicate any material produced by the Designer until full payment has been made to the Designer. The Designer is entitled to retain copies of all designs, drawings, plans, specifications and other technical information or documentation for its own purposes. The Designer shall also be entitled to destroy the same at any time. Product which comes into existence during the preparation of work for the Client, but which is not the finished product shall be intermediate material. Ownership of the intermediate material, except when supplied by the Client, will remain the Designer’s property. The Client shall have no right or title to material stored by the Designer on disc, tapes or any other form of electronic storage.
6. Termination or Suspension of Contract
Notwithstanding any other clause in this agreement, where a contract is suspended or cancelled by the Client, all work carried out and goods supplied by the Designer will be paid for by the Client forthwith on delivery of a final invoice. Contracts for the printing of periodicals may only be cancelled by the Designer receiving the agreed amount of notice in writing. If there is no such agreement, the notice period shall be two months. If work is suspended the Client will pay any additional costs or for any loss caused to the Designer by the suspension. The Designer reserves the right to terminate a contract at any time.
Complaints regarding finished goods or invoice must be received by the Designer within 7 days of the receipt of goods. Beyond this no claim shall be accepted.
8. Legal or Libellous Material
The Designer is not required to reproduce any material or produce any goods that are, in the Designers opinion, illegal, objectionable, or libellous in nature or that is in breach of any copyright, patent, design or statute. The Client will indemnify, save harmless and defend the Designer from any costs, claims, loss, or liabilities (including any legal costs and disbursements incurred by the Designer) arising from any libel or breach of statute or infringement of copyright, patent, or design work associated with any product produced by the Designer for the Client in accordance with the Client’s instructions.
9. Electronic Images and/or Files
The Client shall be responsible for keeping copies of any electronic image or file supplied to the Designer. The Designer is not responsible for accidental damage to any electronic material supplied and such electronic material is held at the Client’s risk. The Designer may charge for any additional translating, editing or programming needed to utilise supplied files or images. Charges shall be in addition to the quoted price.
Over runs and under runs will not exceed 10 percent of the quantity ordered. The Client will pay for the actual quantity delivered within this tolerance.
The Designer reserves the right to update these terms and conditions from time-to-time and the Client is responsible for regularly reviewing for updates