10. OFFSET, DIGITAL & LARGE FORMAT PRINTING
Files provided by the ‘Client’ to ‘The Company’ for use in high quality print reproduction must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where ‘The Company’ is required to manipulate and convert ‘Client’ supplied files to ensure they are press-ready. ‘The Company’ thoroughly checks all images supplied, and provides advice to the ‘Client’ regarding reproduction quality, colour and stock. The ‘Client’ accepts that ‘The Company’ is not responsible for any ‘Client’ supplied images that do not print as expected. ‘The Company’ supplies files to print companies and other third parties for high quality reproduction at a minimum of 300dpi at actual size, or as a high resolution PDF, and according to their required specifications.
Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. ‘The Company’ will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The ‘Client’ accepts that ‘The Company’ is not responsible for any print inaccuracies that may arise.
11. FILE FORMATS/ARTWORK RELEASE
‘The Company’ does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project can be supplied upon final payment, at the ‘Client’’s request. If a Design fee was not applied to the invoice (whether it be a redraw of supplied artwork or a ‘Client’s concept), ‘The Company’ reserves the right to not supply artwork files but will in good faith supply a jpeg and PNG file. You can request to purchase the hi-res artwork at the full rate.
Upon project completion, ‘The Company’ securely backs up and stores all associated files. Should the ‘Client’ request the supply of any files more than 30 days after project completion, a small retrieval fee may be incurred.
12. INCOMPLETE & CANCELLED PROJECTS
‘The Company’ endeavours to provide content and creative services that meet and exceed a ‘Client’’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The ‘Client’, a pro rata amount based on time already spent will be refunded to the ‘Client’ in a timely manner. If a project is cancelled by ‘The Company’, due to unforeseen circumstances, the payment will be refunded in full to the ‘Client’ in a timely manner.
The ‘Client’, within 14 calendar days of receipt of each proof, shall notify ‘The Company’ of any corrections, changes or amendments the ‘Client’ wishes to be made. Should the ‘Client’ fail to contact ‘The Company’ within 14 calendar days of receipt of proof/s, and notify ‘The Company’ of any corrections, changes or amendments, or of final proof approval, ‘The Company’ reserves the right to consider the project cancelled and no refund will be issued.
‘The Company’ retains full ownership of designs, concepts and materials it produces. Once full payment has been received and the final project is delivered to the ‘Client’, complete ownership rights to the project transfers to the ‘Client’ for the work outlined. Unused concepts remain the property of ‘The Company’. ‘The Company’ may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the ‘Client’ requests in writing otherwise, ‘The Company’ retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design concepts submitted to but not approved for the work outlined. ‘The Company’ reserves the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items. ‘The Company’ reserves 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 Estimate.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between ‘Client’ and designer’. Copyright will remain property of ‘The Company’ till such time an agreement is in place. As part of ‘The Company’ terms of business, the copyright licence is automatically released to the ‘Client’ on receipt of the final payment for the commissioned work as stated on the final invoice. ‘The Company’ reserves 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 ‘The Company’ in print or digital media portfolios, social media, and blogs, except where the ‘Client’ has specifically requested in writing otherwise.
‘The Company’ retains the right to publish and display any ‘Client’ projects in ‘The Company”s portfolio, website, design periodicals, and other media or exhibits. ‘The Company’ acknowledges the confidential nature of projects and agrees to only display project work once the product/service has been publicly launched or the ‘‘Client’’ has given permission.
Under no circumstances shall ‘The Company’ be liable to The ‘Client’ for an indirect or consequential loss suffered by The ‘Client’ relying on the information included in the supplies prepared by ‘The Company’ including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
16. FORCE MAJEURE
‘The Company’ will not be liable for any loss, damage or expense suffered or incurred by the ‘Client’ where such loss is occasioned by any cause beyond ‘The Company’ reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.