TERMS
Protect . Fair. Legal
~
Below are ‘Planned Signs Pty Ltd’, business services, trading herein as ‘Planned Signs and Planned Wraps ‘, standard terms and conditions. ( through this document is referred to as ‘PS, ‘Plannedsigns Pty Ltd, ‘Plannedwraps’ It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with PS. Please also note that from time to time PS may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of Work:
Agreement to work with, (Order Request ) and submission of a Project Brief and or payment of deposit to PS constitutes agreement to these terms and conditions.
Payment Terms:
A 50% deposit is required before commencement of work, remaining upon delivery.
or as stated otherwise below:
- *Hourly Rates – time is logged in accordance to job specifications and deliverables.
- *Print and Supply Jobs – payment may be required in full upfront.
- Online digital product downloads – upfront payment
- In some cases where prior arrangement has been discussed and agreed upon.
Once research, resources allocated or work has commenced on any given project, this deposit is non-refundable. In the case of a change of mind by The Client this deposit is non-refundable. PS endeavours to provide design and print services that meet and exceed a clients needs and expectations, but in the event of a change of mind (after a project has commenced) by The Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent,*if however the work commenced with Hourly Rate Terms, Payment will be due immediately on all time spent including any out of pocket expenses. If the work time exceeds 4 calendar weeks in duration, a) Quoted Project The Client agrees to a progress payment of 50% of the work balance, per month until the conclusion of the project, with any outstanding amount payable in full upon delivery. b) Hourly Rate The Client agrees to a pay for the work done to date (time spent), until commencement on conclusion of the project, with any outstanding amount payable in full on delivery of final works.
If Client delayed the execution or performance of a project schedule Plannedsigns Pty Ltd reserves the right to make payments due, based upon the estimated delivery date of the deliverable.
Termination Policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Plannedsigns Pty Ltd. If the project is more than 50% completed (this is determined by PS and the client by negotiation) a pro-rata payment is payable for time spent and or production up until cancellation notice, at an hourly rate of $145 per hour plus GST.
*If however the work commenced with Hourly Rate Terms with no deposit, payment will be due immediately upon termination for all ‘time spent’, ‘Print production’ or ‘Manufacturing’. This is to cover any design spent, resources purchased and allocated, research time, print production, machinery maintenance and administration costs.
If a project is cancelled by Plannedsigns Pty Ltd, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Plannedsigns Pty Ltd.
Return address:
Address: 2/22 Garner Place, Ingleburn New South Wales 2565
Late Payment: (30 days pending)
Late payment on Services will be subject to any costs of collection (including reasonable legal fees) and will bear interest at the rate of ten (10) percent per month or fraction thereof until paid
*All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. ( unless prior arrangements are in place) If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the client has stated expressly that they do not intend to pay an invoice by Plannedsigns Pty Ltd. Plannedsigns Pty Ltd shall at its sole discretion suspend any and all services provided to the client by PS or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, print, manufacturing, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and stock libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client whose account is in default agree to pay Plannedsigns Pty Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Plannedsigns Pty Ltd retains all copyright for work performed until full project costs have been paid. Plannedsigns Pty Ltd reserves the right to reuse or resell work undertaken in the case of payment default.
Plannedsigns Pty Ltd accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and The Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Reimbursement for Expenses:
Price quoted for Services do not include expenses and Client will reimburse DOART for its reasonable and necessary cost of travel and out-of-pocket costs for software, licenses, registration, and the like. All non-local trips must be approved by Client before commencing.
Fees for service:
a) It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
b) Where services are hired on Hourly Rates, the cost will be billed in accordance to time spent, regardless of any job estimations quoted or excess work requests. If the work undertaken exceeds initial estimation or expectation, client agrees to pay all hourly fees required to complete work outlined by client. Progress payments are expected on Jobs that exceed 4 weeks duration.
c) Set up fee:When artwork is supplied however requires adjustment to meet our print specifications, a standard set up fee of $50+gst is applicable.
Project Organization and Personnel Requirements
The key reporting relationship will revolve around Email, phone and in-person support will be utilized where needed. Client will direct all email and phone communication through Mathew Fuda –Director unless otherwise authorized to by Mathew to communicate with other team members.
Artwork Proofing and Approval
The proof is furnished to ‘Client’ to check for typographical, spelling & grammatical errors or mistakes in layout. If the artwork / publication needs to be seen by more than one person in a department, it is the responsibility of the person requesting the artwork to route the proof to the appropriate people. If an error is missed during the proofing process that should have been caught within the department, the department that requested the artwork / publication will be responsible for the cost of reprinting and any other related costs.
It is the responsibility of the ‘Client’ to thoroughly reviewed the project materials described, shown or attached in each proof. The ‘client’ accepts full responsibility for the final approval and understands that revisions, error corrections and/or preference changes after the approval will be deemed new work and invoiced in *addition to the projects fees and reimbursements.
If the client wishes these alterations to be made they must agree in writing, and a fee of $145 (plus GST ) per hour will be payable.
PS Designers will not be held responsible for any errors found in artwork after artwork approval. Please check all publication / artwork proofs thoroughly before sign off.
Publication and/or release of work performed on behalf of the client by Plannedsigns Pty Ltd may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced.
Release of Artwork (designed in – house, copyright Plannedsigns Pty Ltd)
Once Client has approved / signed off on, final Artwork ( or project ) and the invoice has been paid in full, the production / press files are prepared and released to the client or supplier as required. Packaged files will be sent via email or uploaded to our server for delivery – a link will be supplied for file download ( ZIP File )
Final Artwork Files may consist of but not subject to: (in accordance to project)
EPS: Encapsulated Postscript -Vector image file / CYMK, or PMS Spot colours (dependant on colour requirements) Re-sizable, Transparent, External print use.
PDF: Portable document format (vector based, transportable)
TIFF: high res un -compressed file used for (CYMK, Photoshop, Transparent).
External print use.
PNG: Pixel image file RGB, Photoshop, Transparent. Internal office use, such as Word, or for online / web applications.
JPEG: compressed image file RGB. (low res and high res)
Mp4 – AVI: Video output ( where applicable)
Resending Files:
If a client loses or accidentally deletes the files delivered by Plannedsigns Pty Ltd at the completion of the project, PS can re-supply, for a fee of $50+gst per request (plus GST). Providing the request from the Client has been made within 2 years from the date of completion. (price may increase, depending on quantity, filing, administration and size of file request)
Artwork on DVD or USB Drive
If any client artwork is required on CD/DVD, an administration fee of approximately $50+gst, plus courier/ postage will be payable. (price is dependent on amount of ‘client material’ requested)
File Storage:
Copies of Artwork for print production or manufacturing will be stored in house up to 7 years. *Please note that it is the responsibility of the client to make copies of all released files. Even though we take extreme care to back up client files. PS hold no responsibility for loss of artwork stored after job completion.
Print Production and Print Delivery times:
Upon Artwork approval and Print production order placement. Print turnaround time = min between 7- 21 days. (Dependant on job specifications)
Any estimated delivery dates for your order is made from the information available to us at the time. Circumstances beyond our control may change this date.
Website design credit
The Client agrees to allow Plannedsigns Pty Ltd to place a small credit on printed material exhibition displays, advertisements and/or a PS Graphic on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
The Client also agrees to allow Plannedsigns Pty Ltd to place websites and other designs, along with a link to the client site on PS own website for self promotional purposes.
Goodwill:
This proposal assumes goodwill from both PS and The Client regarding: What can reasonably be achieved in a given time frame. Making best use of resources to achieve the most effective outcomes
Copyright:
All design concepts are protected under the copyright act. It is illegal to distribute (non paid for) conceptual designs to external parties for competitive quotation or redesign. Designs remain the property of Plannedsigns Pty Ltd until paid for. Plannedsigns Pty Ltd is a registered trademark. All Designs are protected under this class act. If there is an infringement on copyright material provided legal action may take place.
Plannedsigns Pty Ltd reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of PS all services provided shall be for the exclusive use of the client said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved designs created by Plannedsigns Pty Ltd shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
As part of PS terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. PS reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting PS in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
The Client also agrees to allow PF to showcase any/all work created in the course of a project as part of PS portfolio or advertising. Plannedsigns Pty Ltd acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Act of God:
Plannedsigns.Pty Ltd shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Plannedsigns Pty Ltd. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Freelance contractors and confidentiality
All contractors employed by Plannedsigns Pty Ltd are held to a strict confidentiality and nondisclosure agreement. Contractors of Plannedsigns Pty Ltd are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with Plannedsigns Pty Ltd. If this was to be breached by the contractor Plannedsigns Pty Ltd will take swift and reparatory measures to ensure The Client is made aware that the contractor in question is no longer a representative of Plannedsigns Pty Ltd and acting independently.
Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
Plannedsigns Pty Ltd aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict Plannedsigns Pty Ltd guidelines of professional behaviour and ethics.
Amendments to these Terms and Conditions:
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by The Client and signed by an authorised representative of PS prior to the commencement of work outlined in this submission.
Disclaimer
Design and marketing are all highly creative and subjective art forms. As such Plannedsigns Pty Ltd take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however PS cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Plannedsigns Pty Ltd. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. The Company Plannedsigns Pty Ltd will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Plannedsigns Pty Ltd has no control over websites that are linked to on this website.
Those third party websites are under the control of their owners, and Plannedsigns Pty Ltd will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.