GRAPHIC TERMS & CONDITIONS


Please read the following terms and conditions carefully, as by accepting any quotation provided, and therefore hiring GraPhynix, it is deemed that the client has read and agreed to GraPhynix’s terms and conditions as outlined below.

1. DEFINITIONS

  • Client’ means a person/s or company who engages GraPhynix for design and related services.
  • ‘Quotation’ means the design quotation provided to the client in writing by GraPhynix.
  • ‘Project’ means the scope and purpose of the client’s identified usage of the work product as described in the quotation.
  • ‘Service’ and ‘services’ means the service/s and to be provided to the client by GraPhynix, as described and otherwise further defined in the quotation.
  • ‘Deliverables’ means the end product/s to be delivered by GraPhynix to the client, in the form and media specified in the quotation.

2. QUOTATION

All Quotations are provided by GraPhynix free of charge and are valid for 14 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All quoted are priced in Australian Dollars. Additional work, which is outside the original scope and not provided for in the original quotation, is charged at an additional hourly rate of $40 to $ 60 per hour ex. GST dependant on the particulars of the project.

3. INVOICES & PAYMENT

An invoice will be issued to the client for all work to be completed by GraPhynix. All invoices are payable within 10 calendar days of date of issue, unless otherwise agreed. An up-front 50% deposit prior to commencing any project. Work on the project will begin once the 50% deposit has been received. Clients residing outside of Australia are required to make payment in full prior to any project commencement. Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing and websites. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 10 calendar days of date of issue.

4. CONFIDENTIAL INFORMATION

GraPhynix and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information, shall not disclose confidential Information to any third party, and shall not use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

5. DEADLINES

Every effort possible is made by GraPhynix to meet required deadlines. Additional charges may apply if GraPhynix is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify GraPhynix of deadlines prior to the commencement of the project. GraPhynix will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond GraPhynix’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of art must also be provided to GraPhynix in writing before any work is released – verbal approvals cannot be accepted.

6. PROOFS

All concepts created by GraPhynix are presented in low-resolution draft format for on-screen proofing. High-resolution files are only released once full payment is received. GraPhynix exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by GraPhynix are created to the very best of GraPhynix’s ability and knowledge. The client must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.

7. REVISIONS

Any and all corrections, changes or amendments to a project must be provided to GraPhynix in writing. Each quotation allows the client three rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $40 per hour. Revisions deemed by GraPhynix to take in excess of 50% of the time required to produce the deliverables, are substantial revisions and are charged at an hourly rate of $40 to $60 per hour ex. GST dependant on the particulars of the project. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date.

8. ERRORS & OMISSIONS

Whilst GraPhynix takes all care in producing proofs and final art, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (e.g. printers) until final approval of art is provided to GraPhynix in writing – verbal approvals cannot be accepted. Should the client request a project reprint; the client is solely responsible for payment of all associated costs. GraPhynix cannot issue credit or refunds.

9. OFFSET & DIGITAL PRINTING

Files provided by the client to GraPhynix for use in high quality print reproduction, must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where GraPhynix is required to manipulate and convert client-supplied files, to ensure they are press-ready. GraPhynix thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, colour and stock. The client accepts that GraPhynix is not responsible for any client-supplied images that do not print as expected. GraPhynix supplies files to print companies and other third parties for high quality reproduction, at a minimum of 300dpi at actual size, or as high resolution PDF’s, and as per the required specifications.

Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project, and that GraPhynix is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. The client accepts that GraPhynix is not responsible for any print inaccuracies that may arise.

10. FILE FORMATS

GraPhynix does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request. Upon project completion, GraPhynix securely backs up and stores all associated files. Should the client request the supply of any files more than 30 days after project completion; a small retrieval fee may be incurred.

11. USE OF IMAGES

GraPhynix cannot use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. GraPhynix can source professional stock photography as required. Professional stock photography that is not accounted for in the initial quotation attracts an additional cost which is payable by the client.

12. INCOMPLETE & CANCELLED PROJECTS

The client, within 14 calendar days of receipt of each proof, shall notify GraPhynix of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact GraPhynix within 14 calendar days of receipt of proof/s, and notify GraPhynix of any corrections, changes or amendments, or of final proof approval, GraPhynix reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, GraPhynix will issue an invoice for all work completed up to the date of cancellation, and the Client requires payment of this invoice.

13. ADDITIONAL COSTS

On-site consultations are charged at $60 per hour ex. GST unless otherwise specified. Travel time and associated costs for on-site consultations may also be calculated as an additional cost.

Quotation pricing includes GraPhynix’s fees only. Any and all third party costs will be invoiced to the client, unless specifically otherwise provided for in the quotation. Such outside costs include, but are not limited to, postage and packaging, freight and shipping, courier fees, high resolution proofs from chosen offset printer, offset printing, digital printing, photocopies, sub-contractor’s costs and fees, stock photography, photography and or artwork licenses, online access or hosting fees, parking fees, tolls, taxi fares and public transportation fares.

14. PROMOTION

GraPhynix retains the right to publish and display any client projects in GraPhynix’s portfolio, website, design periodicals, and other media or exhibits.

WEB TERMS & CONDITIONS


1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by GraPhynix for its clients.

2. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $40 to $60 per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work, which has not been reported in writing to us as unsatisfactory within the 7-day review period, will be deemed as approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed as completed and the 50% balance of the project price will become due.

7. REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

12. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage, which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

13. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of GraPhynix under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

19. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Australia. You and GraPhynix submit to the non-exclusive jurisdiction of the courts in and of Australia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

20. CROSS BROWSER COMPATIBILITY

By using current versions of well-supported content management systems such as “Word Press”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

21. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify GraPhynix and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

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