Last updated: April 2013
These Terms and Conditions apply to all work provided by Kate Toon trading as Kate Toon, ABN 88509898967 “KT”
1.1 Your quote is valid for 30 days from submission date.
1.2 All quotes include:
- 2 rounds of revisions at no extra charge.
- 1 round of professional proofreading at no extra charge.
1.3 Any additional revisions or proofreading will incur additional charges at an hourly rate of $140.
1.4 The client has a maximum of 14 days to respond with revisions from submission of first draft, after which time the project will be closed.
2.1 A non-refundable deposit of 50% of the total amount quoted is required on approval of quote before work can begin.
2.2 Where the amount is less than $1000, the full amount is required on approval of quote before work can begin.
3.1 The final invoice will be issued 14 days after the first full draft is sent to ‘the client’ or when final sign off is given (whichever occurs first)
3.2 Payment terms are 7 days from the date on ‘the Client’ invoice.
3.2 KT reserves the right to charge interest to ‘the Client’ on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter.
3.3 ‘The Client’ agrees to pay KT any expenses incurred in collecting outstanding debts due by ‘the Client’ to KT.
3.4 Payments can be made by bank transfer (preferred) or PayPal (PayPal payments incur a 2.5% surcharge or 3.5% for payments from overseas).
3.5 If your project is urgent and requires a first-draft turnaround of less than 2 working days a rush loading of 25% will apply.
3.6 Any costs additional to the Services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and shall be charged to the ‘the Client’ as required. These costs will be itemised separately in the invoice.
4. CHANGES IN SCOPE
4.1 Any modifications to the original project brief during the course of execution will render the provided quotation invalid, and additional fees/charges may be applied to cover time and expenses.
4.2 The new quote will need to be approved and revised deposit paid before work can restart.
5.1 ‘The Client’ may terminate the job at any time. If ‘the Client’ terminates the job, KT shall invoice for the total stage in progress at the minimum estimated fee.
5.2 This quote does not include (unless specifically stated):
- Liaison with other agents such as graphic designers or web developers
- Meetings outside of the initial creative brief
- Travel time for onsite meetings
6.1 KT is not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
- acts of God
- power failure
- equipment failure
7.1 The copyright for any work delivered by KT to ‘the Client’ remains the property of KT until all monies due to KT have been paid.
7.2 KT reserves the right to use ‘the Client’ projects for her own promotional use unless a Non-Disclosure Agreements precluding this has been signed by KT.
7.3 KT may approach ‘the Client’ for a testimonial after the project is completed to their satisfaction, although provision of the testimonial is not obligatory.
8. CLAIMS AND LIABILITIES
8.1 Any claim by ‘the Client’ as to incorrect performance or breach of these terms and conditions must be made to KT in writing within seven days of delivery.
8.2 ‘The Client’ agrees to indemnify and to hold KT harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at the request of ‘the Client’.
8.3 KT will not be liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorised access to, or alteration of ‘the Client’ transmissions or data.
8.4 Any imposed liability shall be limited to resupply of information or services.
8.5 All materials provided by ‘the Client’ are assumed to be legal and accurate.
8.6 ‘The Client’ is asked to nominate one primary contact for all revisions and contact throughout the project.
8.7 KT takes no responsibility for the material and how it is used once ‘the Client’ has approved the final draft.
9.1 Due to the dynamic nature and changing algorithms of Search Engines KT offers no guarantees regarding the performance of sites based on her involvement.
9.2 KT accepts no responsibility, liability or costs incurred for any conduct implemented by ‘the Client’ that does not concur with or conform to the individual guidelines of each individual Search Engine.
9.3 KT accepts no responsibility or liability for any actions taken by ‘the Client’ that cause the website of ‘the Client’ to be penalised or banned from any Search Engine. It is the responsibility of ‘the Client’ to implement the changes, based on the Terms and Conditions outlined by each Search Engine specifically at the time of implementation.
10. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
They shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.
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