Graphic Design Terms of Business & Services
These terms of business and services cover the conditions of working with Hola as a customer or client and details specific terms for the supply of services. We ask all clients to read and understand these conditions before accepting a quote.
Sections:
- Business Terms
- Financial Terms & Charges
- Creative Media Terms
- Data Storage Policy
- Disclaimer and Wavier
- Service Specific Terms
- Additional Terms
Abbreviations:
Hola: Means Hola! Websites
Client: Means the customer / the Client.
1. Business Terms
a. Contract: The instruction for work to commence and/or acceptance of quote and/or the payment of the required deposit by the Client constitutes a contractual agreement between the Client and Hola. These actions also indicate that the Client has read and agreed to the Terms of Business & Services outlined in this documentation and other Terms of Business & Services documents relevant for the Client’s project.
b. Start date of works: Work on projects will commence within 10 working days from the date the required deposit is paid and cleared unless a prior agreement exists.
c. Agreement of delivery: Acceptance of agreements and deposits by Hola constitutes their agreement to deliver the outlined project subject to these ‘terms of business & services’ and compliance of these terms by the acting Client. This does not include customer satisfaction.
d. Delivery schedule: Hola agrees to deliver work in a timely manner and inform the Client of any reasons why if an agreed deadline cannot be met. No compensations in financial or services are offered for projects completed after scheduled delivery dates.
e. Supply of Materials & Instructions: The Client agrees to provide materials, instructions and feedback in a timely, concise and professional manner, via email, online brief forms, organised DropBox folder, etc. SMS and verbal instructions WILL NOT suffice. Failure to do so will delay the project and may result in additional charges and/or the project being cancelled by Hola.
f. Customer satisfaction: Should the Client be unsatisfied with the final media the project can be cancelled. Paid deposits are forfeited. Balances remaining will not be due. Intellectual copyright of final artwork / source code / images will remain with Hola as per ‘Intellectual copyright’ terms as within. Alternatively the project can be revised in order to rectify any dissatisfaction the Client has and bring the project to a satisfactory state. No additional charges will be due unless revisions are deemed excessive, will take longer than the quoted hours estimated for the whole project, or the project needs to be started from scratch.
g. Cancellation: The Client may terminate the contract at any point but in doing so will forfeit the deposit. In instances where deposits were not requested and formal agreement to these terms of business were respected, Hola reverses the right to charge for any hours worked at their hourly rate. All uncompleted designs remain the intellectual copyright of Hola as per the ‘Intellectual Copyright’ terms as within.
h. Time Frames: Unless otherwise arranged, Hola agrees to complete all projects within 6 weeks of the Start Date of Works. If a delay occurs due to the actions of the Client, including but not limited to the supply of copywriting, images, other content to include in the Work, or lack of adequate feedback or approval by the Client, and the project extends beyond the 6 week period, Hola reserves the right to invoice the Client for the full amount of the completed project. The project can then be completed at a later date when the Client is ready to proceed but Hola reserves the right to charge a reasonable fee for completing this Work if they deem appropriate.
i. Office Hours: Normal office hours apply Monday to Friday 9am–5pm AEDT (Sydney time). These are the scheduled working days.
j. Overtime & Requested Hours: Requested Saturday, Sunday, after hours or public holiday hours are charged at a higher hourly rate that Hola deems adequate. Requested hours apply when the client specifically requests for work to be done inside these hours / days.
2. Financial Terms & Charges
a. Quotations: The price quoted to a client is for the cost to complete the project as detailed in the quotation. Alterations or adverse changes to a project brief may result in a re-quote being delivered to the client where additional charges may or may not apply. Quotes are valid for the number of days stated on the quotation.
b. Deposit: A deposit of 50% of the total cost of the project is required before work can commence. On occasions alternative deposit amounts are scheduled. This deposit is non-refundable. The remaining 50% shall become due during and/or at the completion of the project when the Work is completed to the reasonable satisfaction of the Client (Subject to the terms under section 4 of this document “Completion of Work”)
c. Payment Options: Payment is currently accepted by direct deposit in Australian Dollars (AUD) unless otherwise agreed. See quotation or invoice terms for details.
d. Payment Due Dates: Invoices are due by the due date stated on them. Late payments are subject to interest charges and service suspension where applicable, see invoice terms for details.
e. Call Outs and Meeting Charges: To compensate time out of our offices, where customers request a meeting or a call out we apply the following charges at an hourly rate of $110 with a minimum charge of $110. Time is recorded from the departure of our offices up until our return and includes the time during the meeting / call out. PLEASE NOTE:
- Prospects are excluded from these charges.
- Pre-scheduled meetings that were quoted for or included in a project quote are excluded from these charges.
- Charges exclude any materials / Intellectual Property supplied as part of the call out and in turn such materials / Intellectual Property will be invoiced separately.
- Meetings held at our offices are charged as described above and inline with any exclusions.
f. Hourly Rate: The current hourly rate for non-quoted projects or call outs or meetings as described above is $110.00 per hour.
g. Work Outside our Scope: Any technical or specialised work specifically requested by the Client that is outside our scope or abilities may be outsourced. Hola will aim to provide alternative solutions to match the Client’s needs. Alternatively, the Client may cover the costs associated with training Hola to accomplish this work or it may be agreed that Hola will cover these costs in the interests of development.
3. Creative Media Terms
a. Intellectual copyright: Hola will hold intellectual copyright of any material, including any source code, designs and photography created for the Client, until payment of the final invoice is made. At this time we will transfer the intellectual copyright to the Client. Copyright of stock imagery used in web or graphic designs are represented by their own respective copyright notices and intellectual copyright.
b. Client responsibilities with regard to copyright: In situations where clients provide images, text, animations or any other content for their design materials, website or media publication(s) they are legally responsible for ensuring that this material does not infringe any copyright laws.
c. Mock and draft designs: Any mock / draft designs supplied to the Client by Hola remain the intellectual copyright of Hola. Hola reserves the right to use any un-used mocks / drafts in our portfolio and or in other design projects for the Client or other clients.
d. Proofing: Clients are responsible for final proofing of Works. We check all our Work before publishing, but clients are responsible for final proofing. Hola cannot be held liable for any errors found after the Client has approved a Work for publishing.
e. Accreditations: On all website design work Hola reserves the right to credit work to Hola with the inclusion of a worded statement and / or hyperlink where seen fit. Clients can request the exclusion of credits with prior agreement with Hola. Credit exclusions are chargeable at $110.00 per website. The client agrees that unauthorised removal of credits on designs such as websites will automatically impose the credit exclusion fee, charged at $100.00. Should Hola fail to include accreditations in completed website projects the Client is not liable for a credit exclusion fee.
f. Publishing, print & digital supply: Final artwork / source code / images / other materials are only published to the Internet / submitted to print / supplied to the client once the final invoice is paid.
4. Data Storage Policy
a. Data Storage: Hola stores final client artwork / source code / images / other materials for a sufficient period preceding the completion of the project and up to a point when the project is deemed dormant. Dormant project files are archived for a minimum period of 1 year after the completion of the project.
b. Client Supply: Clients can request project files to be supplied to them electronically, though they accept responsibility for the safe keeping of these files from that time and beyond any archive period detailed above.
c. Supporting Files: Supporting files, used for the creation of any project(s) are deleted when the project is deemed dormant and therefore Hola holds no liability or responsibility to store such media files on their system(s).
d. Backup Liability: Hola takes appropriate precautions and practices to backup Client project files through a range of backup and archive systems. However, Hola offers no guarantee or warranty for projects neither deemed dormant nor past any archiving period detailed above.
e. Wavier: In the event of an act of God or circumstances beyond their control, and ensuring all precautionary practices were followed, Hola holds no liability for the safe keeping or backup of the Client’s project files nor the responsibility to re-create any such files without fees.
5. Disclaimer and Wavier
a. Wavier of terms: Should Hola waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Hola to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Hola reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above points be required please contact us.
b. Delivery date extension: In circumstances and / or eventualities beyond our control Hola reverses the right to extend delivery dates if required. This includes situations including but not limited to system crashes, data loss, power failure, loss of Internet access or acts of God.
c. Holidays: Where applicable Hola reserves the right to extend project delivery dates, scheduled website updates and meetings during times of scheduled holidays without limitation to family or personal emergencies. As much as possible any such pre-scheduled holiday plans are taken into account when setting project delivery dates.
6. Service Specific Terms
a. Website warranty: Websites come with a one month warranty from the published date to ensure system establishment and foundation. Any errors, defects, changes or minor additions are made without charge within this time period. For full terms & conditions refer to Hola’s Web Design Terms document.
b. Maintenance plan terms: Website maintenance agreements abide to a Website Maintenance Terms document as well as the conditions here within. Reference this agreement for details.
7. Additional Terms
a. Where applicable we may impose additional terms and conditions individually respective of the media design / project concerned. These additional terms if any will be detailed in the quotation supplied for the media design / project concerned.
Acknowledgment: www.mediasurgery.co.uk | Revised: November 2016 – v2