TERMS AND CONDITIONS
These terms and conditions relate to the operation and services of Visually Unique (“us”, “our”) and apply to all work undertaken and provided by Visually Unique to our customers (“you”, “your”).
By using our services you agree to be bound by these terms and conditions
You agree to perform all tasks and provide all material and information required by us to complete the work, including but not limited to logos, written material and photographs. All material provided must be accurate and have clear resolution. You agree to provide all assistance and cooperation to Visually Unique so that we may complete your work in a timely and efficient manner.
Visually Unique will not be deemed to be in breach of any agreement with you where we are unable to meet our responsibilities and time schedules in completing the work because of your delay in supplying information or material. We have the right to extend any previously agreed deadlines by a reasonable time and you will continue to make timely payments to us as set out in our Proposal.
We will take all care and consideration to ensure that there are no errors in the work completed by us. However, you bare the onus of proof reading all material before it goes to print or becomes live on your website. We take no responsibility for any typographical or other errors in the information presented in the finished product. Specifically in relation to packaging you must check all information and must provide us with the dieline to enable us to complete the work. If we are required to build the dieline from scratch we accept no responsibility for any errors when it goes to production.
The Proposal must be signed by you and returned to us before we will commence any work.
You may make amendments to your design specifications. However, we may charge additional fees if you make changes to the original design specification. Additional fees may also be charged if changes requested by you affect the work already performed or completed
COSTS AND INVOICING
The work will be invoiced as follows:
1. 50% prior to commencement of the work. We require payment of 50% of our estimated costs before we commence any work.
2. 50% upon completion of the work and signoff by you. Upon completion you will be invoiced for the work done by us not covered in our first invoice.
3. Any work to be completed that is outside the scope of work detailed in the Proposal will be charged at an hourly rate as advised in the Proposal.
Payment of invoices is strictly 7 days
All quotes are estimates based on the information provided by you and suppliers. Quotes are subject to change depending upon the material provided or other circumstances which may affect the work
All out of pocket expenses including but not limited to templates, stock images and photographs, video templates, video fx files, website apps, background music stock files, sound fx will be additional and will be invoiced to you as and when the expenses are incurred by us. We will notify you of any out of pocket expenses before they are purchased by us
All quotes are valid for 30 days from the date of issue
If you decide not to go ahead or cancel the job after we have commenced the work you will be invoiced for any work or expenses incurred by us up to that date
Upon full payment by you for the work completed by us, we agree to grant you a licence to use the completed work. In relation to brochures, logos, packaging, brand etc you may retain and reproduce the completed work to any size so long as it is within 75-100% of the original brand design. In relation to a completed website, you may use its contents and any related computer programs and software for the life of the website but the software cannot be modified by you or reproduced on any other site.
All prior concepts developed by us remain our property and cannot be used by you for any distribution or advertising. We also retain the right to showcase work completed for you on our website and in our promotional material without your prior approval.
You are responsible for obtaining all necessary permissions, licences, registrations and authorities for all material that you supply to us for the completion of the work.
Signage can fade over 3-7 years of use and flags can begin to fade after 6 months from production. We do not provide any guarantees or warranties as to the longevity of colours due to time or weather conditions, colour fading or your use of the products etc.
We use professional web hosting companies (“third parties”) who will continue to host your website following completion of the work by us. These third parties may experience outages or other issues during the life of your website which are beyond our control. We will assist you in resolving the issues or put you in contact with these third parties. However, we will not be liable in any way for any issues or errors caused to your website.
Also if your website is hacked or the software becomes outdated, we will not be liable for any loss or damage suffered by you. We will use our best endeavours to ensure that the latest software is used and the site is secure but we cannot guarantee that there will not be any attacks on your site. Should the site be hacked or the software becomes out of date and you have not opted to have a Maintenance Package with us, all out of pocket expenses will be charged to you.
We will use our best endeavours to ensure that your products are delivered safely and on time. However, sometimes deliveries can be late or become lost or damaged. If an issue arises with your delivery we will follow up with the couriers or Australia Post to assist you in resolving the issue but we will not be liable in any way for any late, damaged or lost packages.
DISCLAIMER AND LIMITATION OF LIABILITY
The law implies certain terms, conditions, warranties or guarantees (“prescribed terms”) in relation to the supply of goods and services and nothing in these Terms and Conditions excludes or restricts or modifies any prescribed terms which, pursuant to the Australian Consumer Law (or other relevant legislation), cannot be excluded or modified. However, to the extent permitted by law we limit our liability to, at our option, the replacement, repair or refund of the goods and services we have provided to you.
We exclude all other implied terms and warranties whether statutory or otherwise, relating to our services.
You shall indemnify and keep us indemnified in respect of all claims and demands against us arising out of, in connection with, or relating to any loss, injury, expense or damage arising howsoever in relation to the provision of our services, including the work produced by us, any delay in performance or completion of the work and your use of the completed work. In no event shall we be liable for any claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the services or products produced, and any indirect, special or consequential damages or injury to any person or entity.
If we become liable to you for loss or damage of any kind arising out of these Terms and Conditions and/or the provision of our services, our liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. This applies whether our liability is in contract, tort (including negligence), under any law or otherwise.
Our agreement with you may be terminated by either party upon written notice to the other or if the other party breaches any material obligation and the breaching party fails to cure such breach within 30 days of receipt of the notice.
We may terminate the agreement with you immediately if you fail to pay any fees payable under the Proposal, or you fail to cooperate with us or hinder our ability to perform the services.
VARIATION OF TERMS AND CONDITIONS
We may vary these Terms and Conditions at any time and such modification will be effective as soon as they are posted on our website. If you have entered into an agreement with us for our services and have returned the signed Proposal to us, the Terms and Conditions that applied at that time will apply to your work unless we specifically advise you in writing of the new terms and conditions that will apply going forward.
You may not assign this agreement or the rights and obligations thereunder to any third party without our prior express written approval. We reserve the right to assign subcontractors as needed to your work to ensure on-time completion without notice to you.
If any provision of these Terms and Conditions is found to be void or unenforceable at law, that provision will not affect any other provision of these Terms and Conditions and, as far as is possible, will be read down to the extent required to make it enforceable.
These Terms and Conditions are governed by the law in force in the State of New South Wales, Australia.