The small print!
Unless otherwise agreed and amended or varied in writing, the Puro Design Pty Ltd Conditions form the basis of all contracts between Puro Design Pty Ltd and our clients.
DEFINITIONS
The following definitions apply to the Puro Design Pty Ltd Conditions:
The ‘Client’ is deemed to mean the customer, company or corporation identified within the Quote.
The ‘Designer’ or ‘Puro Design’ means Puro Design Pty Ltd.
The ‘Design Work’ means artwork, products, websites, multimedia or other items/products created, developed or produced by the Designer in connection with this Quote and/or Scope of Work.
COMMUNICATION WITH PURO DESIGN
EMAIL: The majority of Designer/Client communication is normally via email. This is the Designers preferred method as it assists all parties to keep accurate records of correspondence.
TELEPHONE: The Designer can be reached by telephone from Monday to Friday between 9am and 5pm (AEST).
SKYPE: purodesign1. Skype messaging and chats are welcomed (although we prefer a bit of warning so we look our best!).
The Designer will not action any verbal design instructions or changes made via telephone, Skype or otherwise. All work requests must be written in a clear and concise manner via email.
After the Client has revised the Design Work, the Client must, to avoid any confusion, in a single document or email (if possible), in a legible, easy to understand manner, either: confirm the Design Work and advise that there are no further changes or alterations required; or advise the Designer that there are aspects of the Design Work to be changed or altered and provide full details of such desired changes or alterations. Sporadic requests and changes sent through multiple emails in a disorganised or hard to understand manner may result in confusion by both parties. In such circumstances, the Designer takes no responsibility for misinterpreting any directions, changes or requests or failing to action the same.
COMMENCEMENT OF WORK
Prior to the Designer commencing the Design Work, the Client must accept and agree to the Puro Design Conditions by signing the Order Agreement and submitting payment for the deposit.
QUOTATIONS & PROPOSALS
All quotations & proposals are based on the estimated time allowed to design and develop the Project outlined in the Quote and/or Scope Of Work. These prices are subject to change if the Project or Design Work alters from the Quote, Scope of Work or in circumstances where the Client consistently directs changes and alterations. The Designer will endeavour to notify the Client of any increase in the price(s) and provide an amended Quote prior to proceeding with further work.
PAYMENT TERMS
Puro Design follows a strict payment structure for all Projects. The Client agrees to pay the Designer the price stipulated within the Quote in accordance with the below table:
| PROJECT VALUE | DEPOSIT | FULL/FINAL PAYMENT | OTHER CONDITIONS |
| Under $500//£250 | N/A | Prior to commencments | |
| Upto $5000/£2500 | 50% Deposit prior to commencement | Before delivery of goods/services | All stock imagery, printing and materials must be paid for in full prior to Puro Design purchasing on the Clients behalf. |
| Over $5000/£2500 | 50% Deposit prior to commencement | Before delivery of goods/services | As above plus: Progress payments are due upon request from the Designer which is based on completion of the Project at different stages |
Final artwork or files will not be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files.
A late payment fee of 10% of the project value will be invoiced every month after the payment due date if the Client fails to pay the invoice within the stipulated time frame.
PAYMENT METHODS
PREFERRED PAYMENT METHOD
Direct Deposit
OTHER PAYMENT METHODS
Visa/Mastercard/Credit Card via Stripe (Click the ‘Pay Now’ button). A surcharge will be applied:
- 1.75% for Domestic Cards
- 2.9% for International Cards
CANCELLATIONS
The Client may cancel a Project at any time subject to the followings:
If the cancellation is made prior to the Project being entered into the Designers workflow schedule and the Designer has not commenced the Design Work, then a full refund of the paid deposit will be made; or If the cancellation is made after the Project has been entered into the Designers workflow schedule, then a cancellation fee of 10% of the Project value will be charged; or If the cancellation is made after the commencement of the Design Work, the Client will be charged for the work completed plus a cancellation fee of 10% of the Project value; and The Client must pay for all stock imagery, printing and/or materials purchased in connection for work on the Project in addition to any cancellation fee.
APPROVALS
Where required, the Design Work will be submitted for the Client’s approval (in PDF format) prior to the commencement of print, production and/or development. The Client must sign-off on final artwork to confirm approval if requested by the Designer.
Any changes following the approved artwork may be subject to additional design fees (increase in Quote/Project value). The Designer accepts no responsibility for errors or omissions within the artwork provided that are not identified during the final approval. All corrections of such errors will be solely at the cost of The Client.
COPYRIGHT & INTELLECTUAL PROPERTY
The Designer and the Client agree that ownership in intellectual property including all rights in copyright, trademarks or names (whether or not registered), designs, artwork, creative concepts or ideas, multimedia, website development and codes written, patents, trade secrets, any rights to registration of such rights (“Intellectual Property”), created or owned by the Client prior to signing the Quote and/or Order Agreement will remain the property of the Client. The Client hereby grants the Designer full access to and use of such intellectual property described above including a royalty-free and irrevocable non-exclusive licence to copy, alter and/or use for all purposes in connection with the Project.
Title to all Intellectual Property which is created after the signing of the Quote and/or Order Agreement, regardless of whether it was created solely for the purposes of the Project, will vest in the Designer on creation. Title to the Intellectual Property in the actual end product (i.e. the final idea used, a printed brochure, any produced physical item, actual logo in use on actual collateral, a live website and content contained) will vest in the Client upon the Designer receiving full payment in accordance with the Puro Design Conditions and subject to: The Designer will not release any native or edited digital files, that have been created or are stored on its system. All native or edited digital files will remain the property of the Designer. Any unused creative output, options, drafts, ideas and electronic artwork created on behalf of The Client (e.g. Photoshop, Indesign and Illustrator files) will remain the property of the Designer.
WEBSITES & COMPATIBILITY
To the best of the Designers knowledge, websites are developed to the current standards set by the W3C at the time of development.
The Designer only checks for browser compatibility against the most current versions of IE, Firefox, Chrome & Safari at the time of development, unless a specific browser version is requested in writing by the Client.
Mobile phone and tablet compatibility are only checked by the Designer if the Client has purchased a Responsive Website Design.
INDEMNITIES + WARRANTIES
The Client acknowledges and agrees that the Designer is not liable for nor accepts any responsibility whatsoever for the content of artwork(s), website(s) or information, pictures, diagrams and the like provided by or on behalf of the Client. The Client waives any right to claim against the Designer for any loss, claim or damage whatsoever and agrees to fully indemnify the Designer against any loss, claim or damage from any third party (howsoever caused).
The Client warrants that it will not be or is likely to be in breach of any law, deed or agreement by entering into an agreement with the Designer or requesting the Designer to create, develop and/or produce the Design Work/Project. As soon as the Client becomes aware (or ought to have become aware) that the Design Work/Project may breach any law or cause harm, loss, suffering or damage to another person, company, corporation or the like, it must immediately notify the Designer in writing.
MISCELLANEOUS
The Designer and the Client both represents and warrants that it is properly organised, duly registered and qualified, is in good standing and fully authorised to enter into and perform its obligations contained within the Puro Design Conditions. Each of the provisions of the Puro Design Conditions are severable and distinct from the others, and if at any time one or more of such provisions are or become invalid, illegal or unenforceable the remaining provisions shall not be affected, prejudiced or impaired in any way.
The Puro Design Conditions shall not be construed against the party who
created this document and shall be governed by the law of Australia. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Australia unless otherwise agreed.
