Legal Terms

TERMS AND CONDITIONS

These Terms and Conditions are entered into by and between Wix Pro Pty Ltd (“Contractor”) and the above identified (“Client”) and form an agreement governing the provision of services by Contractor for Client pursuant to Contractor’s above proposal (the “Proposal”, and together with these Terms and Conditions, the “Agreement”). The contractor and Client may be referred to herein individually each as a “Party” and collectively as the “Parties”.

Acceptance of quotation and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Please contact us if anything is not clear to you.

1) The investment schedule provided excludes GST where applicable and is valid for thirty days from the date of the quotation.

2) The investment indicated is a guide based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however, please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.

3) No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). Payment is only deemed made when it is received by the payee in cleared funds. This ensures that we are fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.

4) Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of brand and/or design, delivery of printed items, deployment of website, etc.): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to going live or final supply of assets and materials. Late payments may result in additional charges being made. Invoices that total less than $2,000 will be a single payment due on acceptance. If Wix Pro Pty LTD are working within the client’s Wix account then invoices will be a single payment due on acceptance.

5) If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.

6) In the event of any delay in providing necessary content or feedback by the Client, resulting in 30 consecutive days of unresponsiveness, we reserve the right to levy a restart fee of $250. This fee shall cover administrative costs associated with project reactivation. Client acknowledgment of this condition is implied upon commencement of the project, and failure to adhere to communication obligations may result in the application of the aforementioned restart fee.

7) If any project exceeds the estimated timeline agreed or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.

8) Any third-party services (printing, photography, illustration, etc.) that are provided will require a minimum up front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of proof of this payment.

9) Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.

10) Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resources (logos, images, brand assets, etc.) and approval. Best endeavours will always be made to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Time-lines provided are estimates but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).

11) Standard terms allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.

12) At the end of each stage of the process (including – but not limited to – hand over of a strategy, before sending an item to print or publishing a website etc.) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until the receipt of written approval confirmation. Any amends to work after signed approval may incur additional charges for further time spent, although the client would be made aware of this in advance.

13) We allow for occasional meetings at key stages for a ‘reasonable’ length of time between the agency and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.

14) Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel, postage etc..

15) Unless otherwise agreed in writing, our fees exclude: stock library images, photography or video outside of our in-house resources; bespoke illustration; copy- writing; website hosting or backups; translation services; travel and accommodation outside of Brisbane; talent (models and actors etc..); any third-party media, production, distribution, couriers, proofs, mock-ups, proofreading or printing that may be required; other third party costs incurred (such as merchant bank and payment gateway charges) etc..

16) For collateral projects, it’s assumed that unless otherwise specified in the proposal, the majority of copy and imagery will be provided by the client. That said, we naturally contribute to the copywriting process (e.g. headlines, top-line messaging, structure and tone) as part of the creative development.

If full copywriting support is required, we’re happy to provide it at an additional cost — along with illustration and photography services if needed.

Image sourcing is handled by us and is included in the project scope. However, in cases where there are specific requirements for imagery — for example, highly curated stock photos or premium visuals — additional costs may apply. In such cases, we’ll always notify you beforehand and confirm pricing before proceeding.

17) Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on-screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g. the agency printer, the client’s printer, the imagesetter, the monitor etc. will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc.) used, individual preferences (ambient light, personal computer settings etc.) and several other reasons. As a result of this, the agency is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors.

18) Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of the creators. Full copyright and ownership of all ‘commissioned’ work will be retained until full payment has been received, at which point all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process) will be surrendered to the client. This agreement is subject to appropriate credit and acknowledgement appearing wherever possible and the agency’s right to use the work for self-promotion in its portfolio, in presentations, in advertising, in print and online.

19) We will never knowingly infringe any copyright or trademark and will deliver, to the best of our knowledge, creative solutions that are original and unique. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark(s) if required.

20) If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g. print ready PDF; DVD master; outlined EPS file etc.). However the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will be retained for non-exclusive future use.

21) We will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential.

22) The client agrees to indemnify, keep indemnified and hold harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.

23) The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.

24) Appropriate credit and acknowledgement for work produced by the agency should be attributed where possible (for instance written in small text at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.

25) These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. The agency reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.