Terms and conditions of trade
The Offer of Service
In these Terms and conditions of trade ‘the Offer of
Service’ refers to a written proposal or quotation
submitted to the client by Starkis Design which outlines
items of proposed work and cost estimates for performing
that work. The Offer of Service remains the property of Starkis
Design and, as such, its contents may not be disclosed by
the client to any third party until such time as Starkis
Design receives the client’s signed approval to proceed
with the project on the basis of the fees and terms outlined
therein, nor may any original concepts devised by Starkis
Design for inclusion therein be commercially exploited by
the client or any third party.
Commencement of work
By requesting or approving the commencement of any work by
Starkis Design the client agrees to all the terms and conditions
herein.
Starkis Design, hereafter referred to as ‘the Supplier’,
has absolute discretion in the choice of tools, software,
resources, procedures, contractors and staff used to perform
the work, unless otherwise specified in the Offer of Service.
Termination of work
The Supplier reserves the right to withdraw/terminate its
service in relation to any work requested or approved by
the client upon giving written notice to the client. Any
outstanding fees, charges or expenses will become payable
immediately to the Supplier.
The client will be liable to pay the agreed fee to the Supplier,
in addition to any charges for excess work, authors alterations
or incurred expenses, if works have commenced in accordance
with the client's instructions but the client subsequently
withdraws for whatever reason.
Payment
The client agrees to pay the invoiced amount within 14 days
of the invoice date. If the work time exceeds 28 days in
duration, the client agrees to payment of invoices based
on the work done to date. For some projects (as specified
in the Offer of Service) an initial deposit is required before
work commences.
Unless otherwise agreed to in writing, first-time clients
of the Supplier agree to final payment on delivery of goods. ‘Delivery
of goods’ shall include, but not be limited to, electronic
transfer/delivery of computer files.
All work remains the sole property of the Supplier until
paid for in full. The Supplier is entitled to charge late-payment
fees, currently at the rate of 1.5% per month, compounding
monthly, on any amounts that remain unpaid after the due
date. Work-in-progress may be stopped pending settlement
of overdue accounts.
If money is owed to the Supplier by a Pty Ltd company (or
a trust with a corporate trustee), the directors of that
company (or trustee) agree to personally guarantee the debts
of their company (or trust).
Accepted methods of payment include: business cheque, bank
cheque, cash, and direct deposit.
Price variation
Cost estimates provided in the Offer of Service are subject
to change after 30 days from the date of the Offer of Service
to meet any rise or fall in the cost of materials and production.
The Supplier will advise the client of any such changes before
proceeding with the cost affected items of work.
Items of work may be listed and costed separately in the
Offer of Service. This does not imply that an individual
item of work can be removed from the Offer of Service without
affecting the cost of other items (as some stages of a project
will build upon the work completed in previous stages).
Excess work and authors alterations
If work or consultation undertaken by the Supplier exceeds
that which is specified in the Offer of Service, or the client
requests alteration to content (e.g. text) which was submitted
by the client (or their agent, author or editor), or the
client requests alteration to design concepts which were
previously approved by the client, the client agrees to pay
appropriate fees for the excess work, including all related
time, material and production costs. Alterations to
client supplied content or previously approved design concepts
will appear on invoices as ‘author’s alterations’.
Incidental expenses
The cost of materials and other incidental expenses reasonably
incurred by the Supplier in the provision of its services
to the client may be charged in addition to the cost estimates
provided in the Offer of Service. These costs may include,
but are not limited to, courier deliveries, postage, computer
printouts, faxes and phone calls.
GST
The Supplier is registered for the Australian GST (Goods
and Services Tax).
Liability
While every endeavour is made to ensure a perfect job, the
client accepts full responsibility to check all work prior
to production and printing. No liability is accepted by the
Supplier for any error, howsoever caused, once proofs have
been approved by the client or their agent or representative.
Property with a total combined replacement value of over
$100 and all non-replaceable items which are supplied to
the Supplier by or on behalf of the client shall, while they
are in the possession of the Supplier or in transit to or
from the client, be deemed to be at the client’s risk
unless otherwise agreed to in writing, and the client shall
insure accordingly. The client agrees that in the event of
loss or damage to replaceable items with a total combined
replacement value of $100 or less, or in the event of loss
or damage to any data or information contained therein, whether
or not caused by the Supplier, the liability of the Supplier
will be limited to the return of blank media equivalent to
media submitted by the client.
The Supplier and its employees and agents shall, to the extent
permitted by law, have no liability to the client or any
third party in respect of any direct, indirect or consequential
loss, damage, cost or injury arising out of, or in connection
with, the provision of the Supplier’s services or for
any inaccuracy or omission in information supplied to, or
accessed by, the client.- ‘Consequential loss’ shall
include, but not be limited to, loss of profit or goodwill
and payment made or due to any third party.
Intellectual property
The client accepts full responsibility to ensure that all
work and materials provided by the client may be lawfully
used by the Supplier without infringing upon the rights of
others including any copyright, trade secret, patent or trade
mark rights of any third party.
The client agrees to indemnify the Supplier in respect of
any loss, damage, cost or injury arising out of any claim
made against the Supplier in relation to material or information
provided by the client in which intellectual property rights
subsist.
Under the terms of the Copyright Act, the Supplier shall
maintain ownership of all copyrights and other intellectual
property rights in all work created in the course of the
provision of its services unless the sale and transfer of
those rights is explicitly agreed to in writing and signed
by the owner of those rights. If copyright is sold to the
client, the Supplier maintains moral rights in the work and
may object to any distortion, mutilation and modification
of that work, and the client agrees to grant the Supplier
a licence to use the work for the purpose of self-promotion.
Artwork files
All artwork files prepared for the purpose of outputing printed
work, and all working files created by the Supplier in the
provision of its services to the client, remain the property
of the Supplier.
Confidentiality
It is agreed that employees of the Supplier should not at
any time, either during the continuance of the work outlined
in the Offer of Service or thereafter, except in the course
of their duties, divulge any of the confidential affairs
of the client or any of its clients or associated companies
to anyone without the previous consent of the client.
Amendments to these Terms and conditions of trade
All and any amendments to the terms and conditions outlined
herein must be provided in writing by the client and signed
by an authorised representative of the Supplier before the
commencement of work.
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Starkis Design 2005
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