Terms & Conditions
1. Commencement of work
Acceptance of quote/proposal from 485 Digital (485.com.au) constitutes agreement by The Client to these terms and conditions through written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between The Client and 485 Digital (485.com.au)concerning the work outlined in this submission.
2. Payment & Fees for service
The Client agrees to pay the invoiced amount within 14 days of receipt of an invoice. It is agreed that the fee for service shall be the cost estimates provided. A deposit of 50% of the total project cost will be invoiced at the commencement of the project, the final 50% of the payment to be paid in full upon completion and/or delivery of all work (C.O.D). If the project work time exceeds 4 calendar weeks in duration, 485 Digital (485.com.au) may elect to invoice The Client, where The Client agrees to make payments by, monthly invoices based on the work done to date.
2. Late Payments and Default
Accounts which are not paid within 7 days will incur a late administration fee of $40.00. Accounts which remain outstanding for 7 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or The Client has stated expressly that they do not intend to pay an invoice by “485 Digital (485.com.au)“, unless prior arrangements have been made. 485 Digital (485.com.au) shall at it’s sole discretion suspend any and all services provided to the client by 485 Digital (485.com.au) or it’s subsidiaries (including but not limited to hosting, website designed files, design concepts, artwork, email) and appoint the use of debt collection services until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors and printers.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
485 Digital (485.com.au) retains all copyright for work performed until full project costs have been paid. 485 Digital (485.com.au) reserves the right to reuse or resell work undertaken in the case of payment default.
485 Digital (485.com.au) accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and The Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
3. Excess Work & Author’s Alterations (AA)
Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. 485 Digital (485.com.au) will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’ outlined in the agreement.
Excess work is defined as any work involving additions to the list of items and/or any work undertaken that exceeds the work outlined in the quote/proposal.
4. Approval of Final Artwork
While 485 Digital (485.com.au) takes all care in avoiding errors, 485 Digital (485.com.au) accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by The Client’s proof reading.
5. Website Design – Credit
The Client agrees to allow 485 Digital (485.com.au) to place a link to 485 Digital’s (485.com.au) own website on the customer’s website. This will be in the form of a small logo or line of text placed in the footer or towards the bottom of each website page.
The Client also agrees to allow 485 Digital (485.com.au) to place websites and other designs, along with a link to the client’s site on “485 Digital (485.com.au)” own website for self promotional purposes.
6. Open Source Software
485 Digital (485.com.au) makes extensive use of open source software and components to supply websites and services to you. 485 Digital (485.com.au) will not charge additional licensing fees on open source software.
You The Client indemnify 485 Digital (485.com.au) against any loss or damages arising directly or indirectly from any failure of software supplied to you The Client.
All software and components not developed by 485 Digital (485.com.au) retain the original license and terms associated with them. 485 Digital (485.com.au) cannot assign any rights to you and you agree to be bound by the original Author’s terms.
485 Digital (485.com.au) is not responsible for open source software upgrades where old versions of software are no longer supported and as such pose a security risk to the website. Open source software upgrades can be undertaken by 485 Digital (485.com.au) at an additional cost outside of the scope of this agreement.
As the standard open source software used by 485 Digital (485.com.au), you are required as a part of this agreement to read about WordPress licensing and security upgrades or other open source software applications as advised by 485 Digital (485.com.au).
7. Colour Variations – Print
With all printing there may be some small colour variations from what you have seen on the screen (RGB 3 colour) process, to what the final product looks like, and or previous orders. This is due to the nature of the CMYK (4 colour) printing process and bulk-run printing system.
485 Digital takes care in providing and colour matching (Pantone) all colours prior to printing, but holds no responsiblity in colour shifts due to outsourced services. Reprints are at the expense of The Client.
8. Project cancellation
It is agreed that the project may be cancelled by The Client by written notification. Should The Client breach this agreement or our standard 7 day payment terms, 485 Digital (485.com.au) also reserves the right to cancel the agreement by written notification. 485 Digital (485.com.au) retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by 485 Digital (485.com.au) to be a competitor of 485 Digital (485.com.au). This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.
All contractors employed by 485 Digital (485.com.au) are bound to the strict confidentiality and non-disclosure to out in the agreement between 485 Digital (485.com.au) and the contractor.
485 Digital (485.com.au) holds complete security between us and our clients, selected contractors are used based upon previous work, references and checks, as well as compliance with strict 485 Digital’s (485.com.au) guidelines of professional behaviour and ethics.
Unless otherwise stated in the quote/proposal, it is agreed that 485 Digital (485.com.au) will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote/proposal.
If 485 Digital (485.com.au) offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, 485 Digital (485.com.au) will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.
485 Digital (485.com.au) always retains the right to use the completed project and any preliminary designs for the purpose of 485 Digital (485.com.au) promotion, design competitions, future publications on design, educational purposes and marketing materials.
Graphic design, design strategy, photography and marketing are all highly creative and subjective art forms, as such 485 Digital (485.com.au) takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however 485 Digital (485.com.au) cannot be held responsible for variations between expectation and outcome offered.
12. Amendments to terms and conditions
Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by The Client. Agreed amendments will be rewritten into a new quote/proposal by 485 Digital (485.com.au), and the document re-submitted to The Client for signed approval.
Version: 1 – 01 – 2022.