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terms & conditions

Please read our terms and conditions before commencing any project with Qualiart Agency

These terms and conditions are part of our engagement process with any business and irrespective of job size or scale. We assume that by accepting a quote, you have read these terms and conditions in full, as set out below.

The client agreed and verified all the information submitted by the Proposal and its respective project brief.

Some pricing may vary on your quote due to additional requirements of the brief.

The price guide is for general purposes only and does not take into account the variables of your individual project. Once the project scope and all requirements are completed/defined, the quote and timeframe of this project will be provided for the consideration.

All the prices are in Australian Dollars, but we welcome clients from all over the world (NZ, USA, Europe, UK, Brazil, Portugal, and others).

The term will be counted from the date the full project brief is provided and first payment is made by client.

ASAP

As part of our proposition, we aim to get all client work done in the timeframe requested. We are often faced with ‘ASAP’ requests from clients, which impacts our work by delaying other client projects, where possible, in order to meet the ‘ASAP’ deadline. Although we are committed to turning around work as quickly as you need it, the more notice we can get the better, to allow us to plan projects effectively around pre-identified timescales. In all cases, if we are unable to do your job when requested, we will let you know immediately.

Websites

The timeframe involves only the webs ite build and design processes. It excludes apps/plugins search and purchase processes, client review and feedback, unexpected technical problem solving caused by third parties’ systems (e.g., domain, hosting, plugins, etc.), testing and extra update and revisions.

Unlike traditional design, web design requires a much more linear approach to time usage. This means that frequent changes cannot be made until other areas are finalised, and some aspects cannot be started until other aspects are finished. This can cause projects to go past expected completion dates more frequently than in other areas. If you have a specific deadline for your project, then please make your Project Manager aware of this at the commencement of the work so that we can endeavour to have your project completed in time.

No work will be commenced without a signed quote or written confirmation.


The client agrees to provide written approval of our provided quotation before any work is commenced.

The response of the email, SMS or webchat by the client must show acceptance of these terms. The action of the sending and receipt of this agreement will hold both parties in acceptance of these terms.

Qualiart Agency as the sender and the client as the recipient will acknowledge acceptance of these terms either through an email/SMS noting acceptance or acceptance is acknowledged at the beginning of any work on said project. 

Full payment is due upon completion of this project. The grant of any license or right of copyright is conditioned on receipt of full payment. Deposits must be due to Qualiart Agency.

Qualiart Agency has a number of payment options. For client jobs, Qualiart Agency invoices on completion of stages of work, and will require a 50% deposit of the anticipated total amount prior to commencing work (unless otherwise stated in the quote), with the remainder billed on completion of the respective stages. This deposit is non-refundable once the design process has commenced. 

For certain jobs we are able to offer a retainer agreement, allowing clients the benefit of work being completed now, whilst paying over a longer period of time – please indicate to us in writing your payment proposal so that terms of payment may be agreed on our both Creative and the Client.

We can accept payment via Direct Deposit. Our standard terms are 14 days. Overdue invoices paid outside of our standard terms may incur additional charges. Should Qualiart Agency be required to take additional action to recover any unpaid invoices, the outstanding account will attract legal and debt collecting fees. Additional charges for external collection companies may be added to total outstanding funds if fees outstanding fail to be paid after the timeframe. By paying any part of the services outlined in the project description you are agreeing to these payment terms.

Any additional charges (ads fees, plugins, stock images, non-standard typefaces, printing, etc.) are due at the time they are incurred and must be paid before they are acquired by Qualiart Agency.

Client MUST supply a project brief:

  • examples and ideas
  • web domain and hosting
  • social media
  • content (text)
  • preferred layout, style and colours
  • logo and brand guidelines
  • contact details
  • industry sector, competitors and target audience

In key-stages of the project, we will request for analysis and feedback of the project.

Creative project subjected to designer discretion. If the client does not provide all project requirements and its relevant details, the project will be developed based on what has been already provided. Subjected to the designer expertise and design trends.

The client MUST acknowledge that is not possible to follow and/or copy the same structure, resources, and layout from third-party designs.

Any image or video supplied by the client must be fully owned and copyright owned or purchased. We do NOT take any responsibility for Copyright breach by the client.

If the client supply images/videos, the client MUST acknowledge of penalty risks due to the use of non-licenced images/videos.

Qualiart Agency will not be responsible for any legal issues or copyright breaches as a result of the use of supplied images/videos. Stock images, videos, fonts, clip art, vector images can be used with the correct commercial license rights being purchased by the client or Qualiart Agency can arrange for their purchase.

Stock images/videos from iStock or Shutterstock will be billed. We provide royalty-free stock images/videos from others.

Typo or misleading information by the client.

Printing issues by third-party print shops.

Advertising fees.

Printing fees.

Web plugins and themes fees.

Stock images and videos from other suppliers.

Revisions out of the project scope, project brief and concepts.

Alterations before final approval

During project development, the client may request revisions, additions, and changes in content and layout. The costs may be reviewed if changes occur in the briefing or the complexity of the original artwork; the client’s delay in delivery of materials; or delay in approvals necessary for the development of the artwork.

Alterations after final approval

Any alterations post-final presentation will be subject to additional fees. If the scope of work changes after final project approval, additional costs may occur.

It is the client’s responsibility to thoroughly check all final proofs and give their approval via email/SMS before the final work will be released to the client, upon payment being received.

The client will be notified and must approve all materials before project finalisation and delivery.

Printing 

We strongly urge customers to check the electronic proof of their artwork before approving for print.

An online proof is NOT an accurate colour reproduction of your final printed piece but it is the final opportunity for you to check the layout and final text. Electronic proofs do not show transparency and overprint issues. They also do not show the colour change from RGB or Pantone to CMYK.  Therefore, Qualiart Agencywill not be liable for colour variation between the proof and the printed product.  We will try our best to match the colours of the proof and the printed product but please understand that colour variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it. It is the customer’s responsibility to determine if the job is colour critical.

The proof should be checked by you for possible errors in layout, copy, spacing, punctuation or image placement. You, the Customer are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly. No refunds will be given post-print if the proof has been approved by you, the Customer.

Modifications of the terms of this contract must be written and authorised by both parties, involving the implementation of a new version of the contract.

In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Qualiart Agency, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the client.

Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job.

A 100% cancelation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is cancelled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.

Branding and Marketing Strategies

Whilst we can advise and recommend a course of action based on our experience and knowledge regarding any of the areas we support clients in, we cannot guarantee an exact return on investment from any activity executed.

E-News & E-Mail Signatures

There are industry-wide known issues with HTML newsletter compatibility with several mail clients such as MS Outlook 2007, MS Outlook 2010 and Gmail through some web browsers. There may be issues with other email clients that we can’t anticipate, as every email client deals with HTML code in different ways and frequently email clients make changes without notifying the industry.

We will design a template that should overcome these issues however we can’t guarantee it. We will run a design test to identify these issues and then if you require us to re-do a design due to compatibility issues it will be charged on an hourly basis. Alternatively, all templates will include a ‘read this in your browser’ link at the top of the email so recipients can read the newsletter in the format designed.

All e-news are subject to a variable send charge, plus an agreed fee per individual email.

SEO/Getting found on Google and Google Ranking

Because SEO is a constantly shifting landscape, the SEO work we do aims to keep up to date and keep you informed about your performance and the changes we will need to undertake. We aim for the highest level of results, but we do not guarantee specific results through our services – we merely target them and do our utmost to achieve a good result for you.

Keyword optimisation only guarantees that your website will be indexed under your target keyword, it does not guarantee first page or top of page result. We want to be very clear that if you want to be found under a keyword search competitively, your website content must clearly focus on the terms you wish to be found under and eve then this depends on the competition for those keywords – you won’t magically be found on Google just because you have a website.

The final project will be sent by email/SMS under conditions previously agreed upon with the client.

All project remains the property of Qualiart Agency until all bills and invoices are finalised in full, at which point full ownership reverts to the client.

Qualiart Agency may use your artwork, samples of your artwork or variations on your artwork for promotion or presentation of company marketing.

The use of any designs prior to payment being finalised is a breach of copyright.