Acceptance of these terms:
By accepting a quote from no fussing about | and making a Commencement Fee payment, you accept and agree to these terms.
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shall be payable by you (the Customer) and added to the price quoted , or the client brief changing, unless previously withdrawn by no fussing about |.
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 accepting this quotation you accept the terms and conditions set out herein.
The minimum contract period is six months, unless otherwise stated.
New partnerships require 25% payment of the total agreed project fee upfront, except for workshops and projects under $5,000, which are billed 50% upfront or where retainers are paid by the client. The balance/s will be invoiced monthly.
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 Customer, no fussing about | 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 Customer 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 no fussing about.
All rates are subject to GST.
no fussing about | will not begin production of any order until all artwork has been approved by the Customer.
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 no fussing about | demonstrates, in writing, affect the agreed milestones and timelines will attract this flat fee, per change.
Written approval will be sought for tasks required outside the agreed brief, except where retainers apply.
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 on printed materials will alter between proof and final printed versions.
Colour books are available for colour matching in Pantone or CMYK.
(You) The Customer accepts differences in colour which are not material difference.
no fussing about | will not be responsible for colour which does not match the Customer’s colour requirements when the Customer does not provide PMS/Pantone.
Our proposals include one set of changes, unless otherwise specified.
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.
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
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.
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.
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.
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 the Customer or late supply from the Customer or changes requested by the Customer.
Delivery times provided to the Customer are estimates only and no fussing about | is not liable for late delivery or non-delivery or for loss occasioned by the Customer or its customers arising from late delivery or non-delivery.
Delivery and/or performance pursuant to an order are subject to no fussing about | being able to obtain the goods/services the subject of an order. no fussing about| shall be deemed to have been granted an automatic extension of time for delivery of the goods appropriate to any variation requested by the Customer.
The Customer shall be liable for delivery costs, including return costs.
Goods/services are delivered to the Customer when no fussing about | makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent notwithstanding whoever may be responsible for its charges).
no fussing about | shall not be liable for any loss or damage however arising from any damage to the goods/services in the course of delivery. The Customer must not refuse to accept delivery of the goods/services.
The Customer shall pay all costs and expenses incurred due to cancellation of an order.
All goods shall be deemed to have been accepted by the Customer unless notification either on the delivery docket or in writing is received by no fussing about | within seven days from the date of delivery. no fussing about | 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. no fussing about | may, at its option, deliver the goods to the Customer in any number of instalments.
no fussing about| will accept return of goods which are inherently damaged or defective through no fault of the Customer or any third party provided they are returned within 21 days of delivery and the return is approved by no fussing about| in advance. Risk in goods returned remains with the Customer until the goods are received by no fussing about |.
By signing our proposal or making payment on our quote you are entering into a binding contract with no fussing about | 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 no fussing about| and its Sub-Contracted agents.
We retain the right to use all our work and designs in advancing the profile of no fussing about| and its Sub-Contracted agents by marketing or other means and to be recognized for artwork created by no fussing about| and its Sub-Contracted agents.
You agree to also identify no fussing about| 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 no fussing about| and its Sub-Contracted is its property and rights of use lie with it, unless otherwise agreed in writing.
Any work or relationships developed and delivered by no fussing about| and its Sub-Contracted agents under this contract belongs to it. unless otherwise agreed in writing.
The Customer grants no fussing about |, 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 Customer to no fussing about| for the purpose of providing the goods.
The Customer 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 Customer to no fussing about| will not infringe any right of any other
person or party.
Title & Risk:
The goods shall be at the sole risk of the Customer in all respects from the date of delivery to the Customer or its agent or carrier.
The goods shall be held by the Customer as bailee for no fussing about| until such time as all monies payable by the Customer to no fussing about | are paid in full.
The Customer 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 Customer fails to pay the price for the goods or any other monies payable to no fussing about |, no fussing about | may recover and resell the goods without prejudice to any other rights it may have arising from the non-payment.
The Customer grants to no fussing about | 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 Customer may sell the goods prior to payment to no fussing about | but does so as agent and fiduciary of no fussing about | 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 Customer in a separate account in trust for no fussing about | until payment of all monies
payable by the Customer to no fussing about | is made.
no fussing about | and its Sub-Contracted agents guarantee that all our work is original work.
If you (The Customer) supplies 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
1) no fussing about | 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) no fussing about| 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) no fussing about| and its Sub-Contracted agents is not responsible for erroneous implementation of recommendations by you.
4) no fussing about| 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 Customer indemnifies and holds no fussing about| 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 Customer.
No delay, neglect or forbearance on no fussing about|s 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.
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 and the parties agree to the jurisdiction of the Courts of Victoria.