At Focused Marketing Solutions we value your business and want to make sure the work we do for you is conducted with the utmost integrity. To avoid any misunderstandings, we have put together some Terms and Conditions so we can be confident of what to expect from each other throughout the life of each project.
Please take the time to read through our Terms and Conditions thoroughly to ensure you understand them before you commence working with us. By requesting designs and/or services from Focused Marketing Solutions Pty Ltd (“FM”) you agree to our Terms and Conditions and are aware you are entering into a binding contract.
PROJECT ESTIMATES AND QUOTATIONS
Every project begins with a quote from us to you outlining our understanding of the job and the cost. Any adjustments will be made prior to signing, but once they are signed off by the client we consider that a firm agreement to proceed at the agreed price.
Any project estimate or quotation made by FM may be withdrawn or varied at any time prior to acceptance by the client. An accepted quotation may not be cancelled unless agreed to in writing by Kerri Eckart, CEO.
All estimates are valid for 30 days from the date issued, after this point all prices are subject to change.
CREDIT FACILITIES/PAYMENT TERMS
On FM granting credit facilities to the client, all accounts are to be paid as follows:
- 50% of the quoted dollar value on the Project Quote is to be paid within 14 days of the commencement of the project. (50% deposit invoice).
- A final invoice (remaining 50%) is issued either 21 days after the deposit invoice or on the clients receipt of the finished products (whichever date occurs first). Final payment is due within 14 days of the tax invoice being issued.
- Clients engaging FM for ongoing bid support will be invoiced on a fortnightly basis for work completed.
- Clients engaging FM for an ongoing retainer will be invoiced monthly in advance at the beginning of each calendar month throughout the life of the retainer.
- Some additional costs may sit outside of, and in addition to, the initial quotation provided by FM. These will include, but not limited to printing, photography, stock photography, and additional sourced support for creative and digital work. The client will be advised in advance of any additional costs incurred and these will be added to the client’s final invoice.
G.S.T
A charge of 10% GST is included on all quotations/invoices created by FM. The GST figure will be clearly shown on all FM tax invoices.
DEFAULT
Any expenses, costs or disbursements incurred by FM in recovering any outstanding monies from the client including debt collection agency fees and solicitor’s costs (full indemnity basis) shall be paid by the client.
PHOTOGRAPHY
Imagery is a crucial part of any design job and at FM we take the time to ensure that the quality of the work we create for you is not compromised by low quality or substandard pictures.
If photography or imagery is to be provided by you, it must be provided in high-resolution digital format unless another format is requested by FM.
In some cases, FM may source stock photography. We will use positional stock images during the drafting phase and we will only charge for the final images you agree to be included. The costs for sourced stock images will be included in the final invoice. Please note, we also charge for time spent searching for imagery at our standard rate.
SEARCH ENGINE OPTIMISATION (SEO) AND SEARCH ENGINE LISTINGS
We understand the importance of online rankings for our clients and we build websites according to the latest trends of SEO. As we create digital solutions for our clients, we work alongside them to determine key words, phrases and other elements to help boost their online rankings. However, final keyword, phrase and content choice is the ultimate responsibility of the client.
FM cannot guarantee and is indemnified by the client against any claims regarding the following: presence of Google or search engine listing, the position of website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the website, and effectiveness of keywords/key phrases.
CHANGES AND REVISIONS
We know not every job will be perfect at the first draft and expect a reasonable amount of revisions from you so that we can get the job right. To complete a job, we anticipate a first draft plus two rounds of revisions. Any additions or structural changes must be made upon receipt of the initial draft. We do not accept major adjustments to subsequent revision stages. Work in excess of this will attract a fee and be charged at the standard hourly rate.
Where a job specification changes in scope beyond the original terms of the quotation, FM reserves the right to charge additional costs to the client. Additional work or changes to specifications can impact deadlines, therefore deadlines will be moved accordingly, particularly if FM feels insufficient time is available to complete the job.
If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point, the client will pay FM in full for all work done to date. The client may commission FM to complete a new project based on the new requirements. This will require a new quote.
PRINTING AND COLOUR MATCHING
At FM, we pride ourselves on effectively managing the print production process for our clients. This includes building in appropriate printing times and ensuring our clients are appropriately briefed on paper stock, colours, finishes and binding for their jobs.
FM uses external suppliers for printing of client jobs and all turnaround times are estimates based on calendar working (business) days. No printing, artwork or delivery dates are guaranteed and may vary.
Estimated timeframes for print production and delivery commence from the client’s final written approval of supplied artwork.
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With all print jobs there may be some colour variations experienced between electronic visual representations of artwork, previous orders, and final printed artworks. This is due to the nature of CMYK printing and bulk-run printing systems. In taking this variation into account, there will be no reprinting of client jobs at FM’ expense.
DELIVERY
FM cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure products arrive on time and undamaged.
FORCE MAJEURE
FM shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of FM including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
INTELLECTUAL PROPERTY
Any intellectual property including, but not limited to: copyright, discovery, invention, secret process or improvement in procedure created, made, written, discovered or bought into existence by FM in connection with the provision of services to or for the client shall be the sole property of the client as the sole beneficial owner of the same on payment of the account.
Any intellectual property proven by FM as having been created or developed independently of the provision of services to the client including the FM marketing strategies or general framework are exclude from any intellectual property belonging to the client.
COPYRIGHT AND ACKNOWLEDGEMENT
Ownership of copyright over all concepts and original design work remains with FM, until all invoices are paid in full. This includes, but is not limited to logos, symbols, compositions, and copy.
When the account is paid in full, FM will assign all current copyright to the client.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on websites, enews, social media, press releases, in magazine articles, and in books. FM will seek permission from the client prior to promoting such work. FM reserves the right to add a credit on websites created for its clients. This will be in the form of a small line of text placed towards the bottom of the home page.
INSOLVENCY
Notwithstanding any terms outlined in these Terms and Conditions to the contrary, all monies owing by the client to FM including the cost of repossession and resale of any goods or as much as may be outstanding, shall immediately become due and payable to FM upon the happening of any event or the issue against or service on the client of any notice or proceedings in any way concerning the client’s solvency or payment of its debts.
GOVERNING LAW
Notwithstanding any rule or implication of law to the contrary, all contracts between the client and FM shall be deemed to be made construed, enforceable and according to the law of the State of Queensland, by mutual consent be subject to the jurisdiction of all the courts of that State.
DISCLAIMER
At FM we aim to understand our clients’ business needs and create solutions which seek to meet and exceed their expectations. However, graphic design, copywriting, digital, branding, PR and bid work are all highly creative and subjective art forms. As such FM cannot be responsible for variations which may occur between client expectations and the impact of the product created by FM.