Terms of service.
In these terms: Proposal means a letter accompanying our terms of business, containing details of the project, costings and time frames. Project means the totality of all the work outlined in a proposal or submission.
Materials means all items or things created, provided or obtained by us to complete the project, including any drawings, sketches, artwork, photographs, designs or otherwise.
Agreement
Upon the Client appointing created by South to commence the Project, a contract will come into existence comprising these terms and our Proposal.
created by South will maintain the confidentiality of any information supplied by the Client, but only if the Client advises us in writing that such information is confidential.
The client will use its best endeavours to ensure that all instructions are in writing and, in particular, the client will sign off on all work produced. We will not be liable for any errors or omissions resulting from a failure on the client’s part to sign off on any work.
Commencement Fee
In some circumstances created by South requires a deposit to be paid in order to commence a new project. Upon the Client appointing created by South, a tax invoice will be issued and all amounts must be paid within 7 days of invoice date. This is non refundable.
G.S.T.
Unless otherwise specified, GST is not included in our estimates and will be charged on our invoices.
Commencement of Work
Please sign our estimate or agree via email or online so that we can commence work. For quality control reasons we need to ensure your satisfaction with our proposed actions before starting. Please note all estimates do not include couriers, colour laser prints, CD burns, PDF/JPEG creation and supply, author’s corrections and disbursements unless specified.
Payment
You agree to pay 100% of our estimate/quotation, Unless agreed otherwise, paying within time is essential to us continuing or completing any further work for you. Photoshoots and some printing are to be paid in advance. We will send invoices monthly for projects extending beyond 4 weeks.
If you fail to pay any invoice by the due date, then we may recover from you, in addition to the outstanding amount, all reasonable costs incurred by us in the collection of the outstanding amount, without limitation, all reasonable legal costs and all reasonable debt collection agency costs.
Terms are strictly 14 Days.
Late fees may apply if payments are not made by due date. Late fees are 10% of the total invoice, charged weekly until payment.
Changes
If you request changes or additional work (to that specified on the approved quotation), the project may need to be re-costed and a new quotation will be provided. The proposed delivery date will also be re-scheduled to a suitable time agreed by both parties. You are responsible for increased costs for materials and external services where increases are beyond our reasonable control. One (1) round of Author’s Corrections (ACs) are included as part of the quoted amount. Additional ACs if required will be charged accordingly at an hourly rate of $150 (or other as agreed upon prior to project commencement).
Checking Material
We will normally have to rely on the accuracy of factual information you provide to us. Accordingly, you will need to check any raw materials (copy, designs, specifications etc) provided to us to make sure that, to the best of your knowledge: it does not infringe any copyright, trade mark or design / it is not in breach of confidence, misleading or deceptive / it is not defamatory or unlawful / all factual statements are true; and / legal requirements for packaging or labelling goods are complied with. / We will process supplied material on the basis that you fully indemnify us against any breach of these requirements. This indemnity continues after our agreement ends. / It is important that you deliver the information to us in as final and accurate a form as possible.
Printing
While we take all reasonable care, we are not liable for printers’ errors. If you do not notify us of defects within seven days of delivery, you are taken to have accepted the goods as being satisfactory.
Folio Use
We have the right to use the material our subcontractors or we produce for you in our folio and for promotional purposes. We may keep at least 10 samples (3 if the unit cost is high) of each finished product designed by us. These are used for our folio of work and for entering into design competitions.
Intellectual Property Rights
All intellectual property rights resulting from Australian copyright law (Copyright Act 1968) on works created on assignment for you are reserved by Simon Telfer unless a specific agreement is negotiated otherwise. If rights are subject to registration e.g. as regulated by Patents Act, Designs Actor Trade Marks Act, Simon Telfer is the author or inventor and registration may not be applied for without Simon Telfer’s consent. Simon Telfer does not warrant that any work he produces will necessarily be registered by the authorities or protected by the Courts.
All material created for you by created by South (Simon Telfer), e.g. artwork, illustrations, photographs, models, prototypes, sketches, digital files, films for printing etcetera, are and remain the property of created by South regardless of whether these materials are handed over to you. Working files remain the property of created by South and will not be supplied as part of the estimate/quotation unless agreed upon prior to work commencing. If working files (native files) are requested, an additional invoice will be issued outlining costs.
Any conceptual work produced by us as a project for consideration by the client, remains the property of created by South. If a design is chosen to develop, then and only then will intellectual property be transferred to the client once completion budget has been paid in full.
Validity
This quotation is valid only if accepted within 14 days.
By submitting the form below, notifying us via email, or on commencement of your project, you have confirmed agreement to our terms & conditions.