Trading terms & conditions
Client Brief: All creative requirements, marketing intentions, budgets, schedules, individuals, contact information, etc, are expected to be described in a written brief by the commissioning client for presentation at initial contact or immediately following.
Reverse Brief: We may provide a ‘reverse brief’ which confirms our understanding of client requirements and other considerations.
Credentials: Documentation of project samples and our creative, intellectual and management potentials can be provided on request.
Design / Production
Procedures: Each determined or practical stage of development is expected to be approved by the client, unless agreed otherwise with no penalty to us. It is suggested a simulation or proof of relevant quality will be supplied by ourselves for written approval at each agreed stage (eg. digital transfer, prototype). Designs are usually created digitally and supplied for production or other use on suitable transfer media.
Variations: Variation to, or application of any designs created by us are to be undertaken directly by our office, or otherwise as agreed.
Archiving: We usually store two sets of all projects as digital data. No responsibility is taken for any loss or damage of the materials stored. Clients may additionally organise file copies of their projects for a fee, which may include cost of transfer media and time invoved.
Fees / Quotations / Financial management
Project management: Encompasses full management of creative, production or other service for the commissioning client.
Print management: Encompasses selection and commissioning of suppliers to ensure quality, practicality and service for reproduction and distribution.
Management fee: Usually charged as a percentage of the supplier cost and included within our charges to the client. Charged on all items that are commissioned, sourced, managed and/or the responsibility of our company. Fee levels are dependent upon project size and requirements.
Minimum fees: A minimum charge equivalent to a half-hour of our current fee schedule is charged for small projects, alterations to specifications and additional projects. This fee covers items including administrative costs, research, sourcing of materials and suppliers.
Quotations / Prices: Evaluated for individual items or projects, or provided as standing unit prices for similar jobs, or as practical, with provision for additional disbursements and relevant taxes and duties. Prices and any conditions are usually firm for 30 days from the date of quotation (subject to sighting of materials, international or domestic price changes to freight, paper and other costs, employment Awards variations etc). Material availability and price fluctuations may cause unforeseen price variations to a quote. As necessary, alterations to specifications/costs are discussed with the client. Extensive quotes or re-quotes may be charged. Prices are provided in Australian dollars unless indicated otherwise.
Contracts: Contracts, retainers and project fees can be negotiated as required.
Orders: Specification of materials, quantities, sizes, expected delivery, etc, are usually provided in writing to our chosen suppliers.
Cancellation: If a client cancels a project after written or verbal agreement to our quote, or any approval to proceed, even if prior to commencement of production, all incurred costs plus a fee equivalent to 10% of the anticipated total project cost is payable. The cancellation amount will include a consideration of design fees, anticipated printing and manufacturing costs, disbursements, administration.
Reprinting: If manufactured, printed or produced by us, it is preferred that all subsequent reprints and variations are produced through our offices.
New clients: Initial quotes for new or prospective clients are usually provided free of administrative charges.
Acceptance: Completion of the above form or a signed, dated copy of our Estimate is expected to be returned to our office by fax or mail, prior to commencement of a project, with the understanding that until further notice these Terms will be agreed to for all future projects. Requests to commence a project, by written order or otherwise, is understood to be acceptance of these Trading Terms. The client is requested to provide a detailed Purchase Order quoting their ABN, contact information, person ordering, etc.
Invoicing periods: Projects may be invoiced at completion of a project, during stages of development, or monthly. Statements are provided monthly.
Payment terms: 30 days from date of invoice. Payments are accepted by company or bank cheque, EFT, Bankcard, Mastercard or Visa. Payment of a deposit may be required, if so, the amount will be indicated on the Estimate.
Disputes: Settlement will be pursued by appropriate means, with all incurred administrative and legal costs charged to the defaulting payee.
Commercial Property / Intellectual Property
All designs (eg. concepts, sketches, mock-ups, visual proposals, artwork, digital files, etc), sourced supplier and technical information (eg. quotes, suppliers, schedules, production processes, presentation formats, etc), produced in-house, commissioned or otherwise, are considered to be our commercial property, unless agreed otherwise in writing. We attempt to ensure that all creative work sourced and utilised by us has been cleared for the intended use only (eg. writing, photography, designs, illustration). In some instances third party items (eg. sourced material, fonts, photolibrary images, software, etc) may have restrictions on use and Rights.
Clients and suppliers are expected to have secured in writing any necessary rights for use of similar information and works provided by them.
Copyright / Moral Rights / Reproduction Rights
Graphic Art Machine works in accordance with Australian Copyright Laws. All designs created by us are considered to be the intellectual property of our companies, unless agreed otherwise. Copyright of final approved designs and commissioned applications may be transferred to the commissioning client or other agreed entity upon receipt of final payment of the agreed fee and acceptance of any terms, including those in this document, only if agreed to in writing. Unless otherwise agreed, it is understood that commissioned and produced designs are for use as per the specified (written or otherwise) terms of the commissioned project, its specific promotion, its media or technology, and for use in Australia and its Territories only. Reproduction, distribution or on-selling of Rights beyond the understood uses and outside stated Territories is to be negotiated with Artrix as well as any contributing creative associates commissioned by us. Where practical, all creative work is to be credited with name, creative contribution (eg. designer, photographer, illustrator, writer, etc), source of reference (eg. historical, commercial), and year of creation.
Variations to these Trading Terms are only accepted if proposed in writing and agreed to in writing by us.
Phillip Briggs Design Pty Ltd