It’s All In the Fine Print

BWCommunications is transparent when it comes to costs, so you won’t be hit with any unexpected fees or expectations.

General Terms

By signing BWCommunications Acceptance of Quote or entering into a “supplier contract” with BWCommunications, you become “The Client” and agree to the following general terms.

Ben Walkenhorst is a Sole Trader, trading under BWCommunications.

Quote Duration and changes:

The prices quoted are valid and open for acceptance for 30 days from its date and may be subject to changes arising from: any increase in the cost of materials and/or labour and/or freight or cartage occurring after the date of quotation and/or prior to delivery, and such increases shall be payable by The Client and added to the price quoted , or  the client brief changing, unless previously withdrawn by BWCommunications. The quotation shall be deemed to be an offer to sell only upon the terms and conditions set out herein and may not be varied except in writing. Provisions of a later agreement will prevail over these terms and conditions only to the extent that these terms are expressly excluded. By singing our Acceptance of Quote that person/agent accepts the terms and conditions set out therein.

Payment:

The minimum contract period is six months, unless otherwise agreed in writing.

New partnerships require 25% Commencement Fee of the total agreed project fee upfront or 50% of the First Phase, except for workshops and projects under $5,000, which are billed upfront OR where retainers are paid by the client. The balance will be invoiced monthly and retainers are required to be paid monthly forward.

Projects over $5,000 are invoiced in increments (25%, 50%, 25%) at the beginning, middle and end of projects’ business, except where retainers new partnerships and commencement fees apply. Retainers are billed in the whole agreed amount month forward. Workshops over $5,000 are billed in 50/50% increments. Commencement Fees are not refundable if the project is terminated.

Goods and/or services supplied pursuant to this quotation or a subsequent order (“the goods”) will be supplied on the basis that payment is due within 7 days of the date of the invoice. In the event of default in payment of any amount due by The Client, BWCommunications may, without prejudice to any other rights it may have, suspend credit, withhold orders and take steps to recover monies and/or goods which expense shall be payable by The Client.

Interest shall be payable on any amount overdue at the rate of 5% on the total invoice,  commencing on the due date for payment and continuing until payment in full is received by BWCommunications.

All rates are subject to GST.

Approvals:

BWCommunications will not begin production of any order until all artwork has been approved by The Client. An approval of the artwork will be accepted as approval of all artwork including design, spelling, grammar and numbers.

**Often there is a need to change the brief; changes requested by the client verbally or in writing that BWCommunications demonstrates, in writing, affect the agreed milestones and timelines will attract this flat free, per change.

Written approval will be sought for tasks required outside the agreed brief, except where retainers apply.

Printers:

Printing quotes supplied will include all set up costs and communications.  We can supply artwork to a nominated printer; this may incur additional fees if changes are required.  Print quotes valid for 30 days.  All care but no responsibility will be taken for errors on work approved that goes to press.  Please check all proofs carefully before approval by you.

Colours:

Colours on printed materials will alter between proof and final printed versions.  Colour books are available for colour matching in Pantone or CMYK.  (You) The Client accept differences in colour which are not material difference. BWCommunications will not be responsible for colour which does not match The Client’s  colour requirements when The Client does not provide PMS/Pantone. colours.

Changes:

This proposal includes one set of changes.  Additional changes thereafter may incur an additional fee.  Corrections and changes must be compiled and supplied as one document, either as hard copy, a fax or annotated electronic file.  Any changes required within a 24 or 48 hour period may incur an additional fee.

Supplied:

Files need to be supplied as TIF or JPEG or Word documents in a MAC or PC format on a CD or USB drive.  Files can also be emailed to info@ designscope.com.au or uploaded viayousendit.com

Text:

Please supply all text UNFORMATTED in Microsoft word or in the body of an email message. Indicate  sections, Headings and Sub headings with carriage returns.

Fonts:

Purchase of fonts and a font licence has not been included in this proposal, if you wish to have a  copy of fonts for in-house use please contact us for information.

Pictures:

Photos to be supplied as TIF, JPEG or Photoshop files.  Scanning of prints or negatives may incur an additional fee.  File manipulation may also incur an additional fee.

Production Schedule:

This proposal may be subject to a production schedule. Where unforeseen circumstances arise, we will not be responsible for changes or delays to the production schedule. Such circumstances can include late instructions from you or late supply from you or changes requested by you.

Delivery

Delivery times provided to The Client are estimates only and BWCommunications is not liable for late delivery or non-delivery or for loss occasioned by The Client or its customers arising from late delivery or non-delivery.

Delivery and/or performance pursuant to an order are subject to BWCommunications being able to obtain the goods/services  the subject of an order. BWCommunications  shall be deemed to have been granted an automatic extension of time for delivery of the goods appropriate to any variation requested by The Client. The Client shall be liable for delivery costs, including return costs.

Goods/services  are delivered to The Client when BWCommunications makes them available to The Client or any agent of The Client or any carrier (who shall be The Client’s agent notwithstanding whoever may be responsible for its charges).

BWCommunications shall not be liable for any loss or damage however arising from any damage to the goods/services in the course of delivery.

The Client must not refuse to accept delivery of the goods/services.

The Client shall pay all costs and expenses incurred due to cancellation of an order.

All goods shall be deemed to have been accepted by The Client unless notification either on the delivery docket or in writing is received by BWCommunications within seven days from the date of delivery.

BWCommunications reserves the right to cancel or delay delivery due to war, civil riots, strikes, lock-outs, unavailability of transport and/or any other causes beyond its reasonable and practical control.

BWCommunications may, at its option, deliver the goods to The Client in any number of instalments.

Returns

BWCommunications will accept return of goods which are inherently damaged or defective through no fault of The Client or any third party provided they are returned within 21 days of delivery and the return is approved by BWCommunications in advance. Risk in goods returned remains with The Client until the goods are received by BWCommunications.

Copyright:

By signing this proposal you are entering into a binding contract with BWCommunications and its Sub-Contracted agents. We retain copyright in all work and designs in development by us and/or produced by us unless there is a separate written agreement to the contrary. On payment in full, you will have a licence from us for the reproduction and display of the final work or final designs supplied, for the purposes outlined in this proposal and for no other purpose. Use of part(s) of or element(s) of any work or design or any use for other purposes will require further written permission from us and may incur additional fees. You cannot resell the work or designs or elements of the designs. If you sell your business the aforesaid reproduction and display rights will be transferred to the new business owners. All creation files remain the property of BWCommunications and its Sub-Contracted agents. We retain the right to use all our work and designs in advancing the profile of BWCommunications and its Sub-Contracted agents by marketing or other means and to be recognised for artwork created by BWCommunications and its Sub-Contracted agents. You agree to also identify BWCommunications and its Sub-Contracted agents as the creators whenever you make use of the final work and final designs produced by us or any parts thereof.

Use of Information:

Any information collected, produced or developed by BWCommunications and its Sub-Contracted is its property and rights of use lie with it, unless otherwise agreed in writing.

Intellectual Property:

Any work or relationships developed and delivered by BWCommunications and its Sub-Contracted agents under this contract belongs to it, unless otherwise agreed in writing.

The Client grants BWCommunications, for the purpose of performing its obligations under this agreement, a non-exclusive world-wide irrevocable licence to use, copy, display and reproduce any trademark, logo, design and any other intellectual property supplied by The Client to BWCommunications for the purpose of providing the goods.

The Client warrants that it has the right and ability to agree to these terms and that any trademark, logo, design or any other intellectual property supplied by The Client to BWCommunications will not infringe any right of any other person or party.

Title & Risk

The goods shall be at the sole risk of The Client in all respects from the date of delivery to The Client or its agent or carrier.

The goods shall be held by The Client as bailee for BWCommunications until such time as all monies payable byThe Client to BWCommunications are paid in full. The Client shall store the goods so that they are separate and clearly distinguishable from other goods and shall not encumber them in any way until they have been paid for. If The Client fails to pay the price for the goods or any other monies payable to BWCommunications, BWCommunications may recover and resell the goods without prejudice to any other rights it may have arising from the non-payment. The Client grants to BWCommunications and its servants and agents, an irrevocable licence to enter at any time onto any premises on which the goods are stored to inspect, search and/or remove any of the goods.

The Client may sell the goods prior to payment to BWCommunications but does so as agent and fiduciary of BWCommunications and may do so only for full value and in the ordinary course of business. The proceeds of such sale shall be held by The Client in a separate account in trust for  BWCommunications until payment of all monies payable by The Client to BWCommunications is made.

Other rights:

BWCommunications and its Sub-Contracted agents guarantee that all our work is original work. If you supply initial ideas and any artwork that you request we work from, you guarantee that you have permission for us to use your ideas and artwork as requested and you indemnify us fully against any claims that may arise from that use.  We cannot guarantee that any work or designs produced by us will be able to be trademarked or be free from attack for trade mark infringement. We recommend you engage a trademark lawyer to conduct investigations before you adopt any work or design as a trademark. More information on trademarks can be found at: www.ipaustralia.gov.au

Additional Terms:

1)  BWCommunications and its Sub-Contracted agents is not responsible for any legal disputes, proceedings, changes in business fortune search engine rank changes as a result of our designs or recommendations.

2)  BWCommunications and its Sub-Contracted agents will not be responsible for problems resulting from changes to advertisements, pr materials or websites that have been requested and approved by you.

3)  BWCommunications and its Sub-Contracted agents is not responsible for erroneous implementation of recommendations by you.

4)  BWCommunications and its Sub-Contracted agents is not responsible for negative results to sales.

5) The brief did not extend to webpage/site design but where the Rebrand Project extends to this, additional terms will be advised and applies.

6) The Client indemnifies and holds BWCommunications and its Sub-Contracted agents indemnified from and against any and all loss, damage, liability, penalties and expenses (including legal fees) suffered or incurred by reason of any claims, (including third party claims) arising out of an alleged infringement or violation of intellectual property rights with respect to the intellectual property supplied by The Client.

Waiver

No delay, neglect or forbearance on BWCommunications’ part in enforcing any term or condition of  these terms and conditions shall either be or be deemed to be a waiver or in any  way prejudice any of its rights under these terms and conditions.

Applicable Law

Any agreement to provide goods or services pursuant to a quotation, or to which these terms and conditions apply, shall be governed by, and construed in accordance with, the laws of Victoria, Australia and the parties agree to the jurisdiction of the Courts of Victoria, Australia.