The legal stuff
Terms, conditions and privacy
These terms form the basis on which Design Awards Pty Ltd trades. Design Awards Pty Ltd hereafter is referred to as DA PL.
DA PL charges a fee per project or unit cost as quoted. A quote is always offered for budgeting purposes which is valid for 30 days. Design and consulting services are free of charge with initial quote. A concept development fee will be charged for additional design/concept, research and feasibility assessment if the project does not go ahead. If a mock up is agreed to be made without charge it is subject to the project going ahead as quoted.
Quotes based on unit costs are not automatically discountable in bulk. In the case of reorders and duplications; 5 units or less can incur a 15% surcharge. A minimum cost of $288 (+GST) per unit is usually charged for new projects of 5 units or less.
A purchase order or confirmation in writing is required before commencement of any work. A payment of 30%, 50% or100% (confirmed in the quote) will be required before commencement of the project – Such as one off and new clients, 3rd party services, large raw material requirements or known late payers.
DA PL reserves the right to charge for additional work or project development beyond the original brief, DA PL quote or project scope. This includes verbal requests for changes, extra services and quantity increases or decreases. On request DA PL can provide an estimate of these variants given the need to enact the variance.
DA PL reserves the right to supply any items pertaining to a concept. If this right is not provided, a fee will be charged to take into account time spent providing specifications, identifying sources of suppliers etc.
TERMS OF PAYMENT
Strictly COD on receipt of the invoice.
All outgoings such as couriers, freight and international phone calls Etc will be charged. In the event that after issuing a purchase order or confirmation in writing, the client decides to cancel the project, the client shall be liable to reimburse DA PL for all costs incurred on the client’s behalf and to pay DA PL a reasonable fee having regard to the amount of time, work and effort expended by DA PL on the project up to the date of the client’s cancelation. Should an activity be repeated the same fee shall apply. All account queries are to be made within 7 days of the date of invoice. In the event of the client failing to make payment(s) to invoices (upon which no clarification is outstanding) by more than 30 days from the date of invoice, then DA PL thereafter retains the right to refrain from completing further services, withholding delivery and holding materials and to charge interest (5%) until outstanding payments are made.
COPYRIGHT & OWNERSHIP
Copyright in all designs, material, techniques in which copyright is capable of subsisting and which is prepared or commissioned by DA PL for a client shall remain with DA PL. DA PL reserves the right to adapt or redesign any concept, material and techniques developed by DA PL. Copyright in all material created or owned by the client or in which copyright already subsists shall remain with the client.
Agents - Copyright in which copyright is capable of subsisting, owned by the agent or agent’s client or in which copyright already subsists on sold to the agents client shall reside in DA PL until the invoice is paid by the agent.
Any payment made to DA PL does not automatically transfer copyright, intellectual property, innovation or techniques attributed to DA PL to the payer or client. No reproduction or adaptation of any proposal, design, material or technique prepared or developed by DA PL may be undertaken without written authority from DA PL.
LEGAL LIABILITY
No responsibility or liability whatsoever shall be accepted by DA PL and agents of for any loss or damage suffered by a client either directly or indirectly from services provided to or by DA PL. In particular, DA PL accepts no responsibility or liability for any delay in delivery, loss or damages arising from the actions of a third party including couriers and suppliers of raw materials.
DA PL reserves the right to supply equivalent raw material and make small changes in design and construction techniques to deliver a superior, hand crafted product. While the awards are guaranteed against faulty workmanship and materials every award is subject to slight variances expected in a hand made product. Warranty is limited to replacement or repairs of a unit.
The client agrees to indemnify DA PL for all proper costs and expenses incurred by DA PL pursuant to any authorised work and for any costs, damages, fines or losses incurred by DA PL as a result of the client not complying with any federal or state laws, by-laws or regulations. Where the client undertakes to involve a 3rd party supplier, supply its own materials, artwork or instruct DA PL, it will indemnify DA PL against any claim, errors and admissions. Where possible all text is copy and pasted from supplied files and emails with a proof sent for approval making typos, errors and omissions the client’s responsibility with warranty limited to replacement in any case.
ARTWORK
DA PL only accepts Hi Res PDF (preferred) CorelDraw 8 and 3 and Illustrator 3 files. Lower program versions are acceptable. Illustrator files must be vector EPS files. Fonts should be outlined or limited to those available at DA PL, purchased or provided. Fonts must be embedded in PDFs.
All matters present in DA PL quotes and emails are confidential and directed to the person and organisation specifically named. Disclosure of the contents to any other person, company, or organisation without the express written permission of DA PL is prohibited.
PRIVACY
DA PL is committed to protecting your privacy and will not share your personal information with any other parties.
DA PL policy is to keep personal information received via the web site, phone calls, post and emails completely confidential and used solely for internal purposes. This information may include your name, title, company or organisation name, e-mail, phone.
DA PL may collect certain information about your website visit, such as type of browser; date and time of access; the pages accessed; IP address; navigation information. This information is used to help improve and administer the site.
DA PL may use your details to provide you with important information about the product or service that you are using, including critical updates and notifications. Additionally, DA PL may send you information about DA PL products, specials and promotional discounts.
Any questions about this Privacy Statement, to opt out of general marketing or for further information please contact DA PL using the Sydney or Melbourne Contact Us form.
DA PL reserves the right to modify the terms of business and privacy statement from time to time