Terms and Conditions

Terms and Conditions

all the terms and conditions

Terms and Conditions

Overview

Upon project commencement it is expressly understood by The Various Artists (VA) that the client has agreed to the terms and conditions outlined below.

Estimate

The estimate is valid for a period of thirty(30) days from the date of issue. The estimate has been provided according to an initial client brief. Unless an item has been explicitly listed in this estimate it is not included in the price. Alterations to this brief or specifications will incur further costs. VA reserves the right to alter the estimate should they believe the scope of works falls outside of what was estimated. Please contact the account manager prior to estimate approval should items within the estimate require clarification. All estimates require signed or email approval and order numbers (if an ordering system is in use) prior to commencement of work.

Brief / specification / strategy / development planning

All brief / specification / strategy / development planning documents provided to the client by VA supersede any client brief. The documents are the final brief for the project andwill be what VA work from to design and build the project. The client is responsible for ensuring all stakeholders within their organisation and relevant external organisations have read the document/s in full detail. Project design and development will not commence until VA has received sign off or email confirmation of the documents. Requests not covered within the documents that have been signed off will be treated as alterations to scope and therefore be subject to a costing and timeline review.

Timeframes

The timeline is negotiated at project commencement once the final estimate has been approved. Timelines provided prior to final estimate approval are indicative only and may not form part of the project plan. Deadlines agreed in the timeframe set down at project commencement are subject to change should the client fail to supply requested materials, information and/or access to data, software or other systems according to the agreed schedule. All work will cease and timeframes will be impacted should invoices not be paid within the required period (please see payment notes). VA endeavors to work within timeframes however there are certain factors that are subject to change and are outside the control of VA. As such VA cannot guarantee deadlines will be met.

Artwork

Artwork is to be fully approved from all client parties prior to the commencement of further work. Once approved and development commences artwork alterations will incur further costs. Artwork supplied by the client needs to be to VA specifications. Client must provide a detailed brief including placement and background specifications.

Our estimate assumes a standard level of complexity. Upon viewing the artwork, VA reserves the right to put forward an altered estimate should the artwork be not within the budget estimated.

Content

Where this estimate pertains to content entry, time has been allocated for VA to input a set amount of content (as defined by the estimate). Should more time be required it will be charged at our standard hourly rate. Content cannot be input until the project has been finalised and fully tested by VA. The client timelines should allow content to be uploaded after completion of development and prior to final testing.

Supply of material

Text, graphics and photography are to be supplied in digital format unless otherwise specified in this estimate. Text is to be fully edited and proof read prior to VA receiving it. All supplied materials must comply with standard copyright requirements. Work will not commence until all supplied materials have been given to VA and they meet the requirements of the VA workflow process. Failure to provide information in a timely manner will result in timelines being pushed out to accommodate. Bulk content (typically during website projects) will be supplied via Dropbox or Basecamp. Versions will be clearly labeled.

Imagery

Unless otherwise specified in this estimate imagery required for a project that is purchased from a stock library or shot specifically by VA’s professional photographer may be sourced at an additional cost.

Corrections, alterations and expenses

Expenses incurred throughout the project including couriers, proofs, and materials may be invoiced in addition to the estimated amount. As much as possible we try to accommodate client input and alterations within our estimates. However feedback, corrections and alterations to the brief over and above those estimated will be charged as incurred. The client can reduce the amount of corrections by supplying approved sourced material and instructions prior to VA commencing work.

Payment

Websites

Unless otherwise specified a deposit of 50% of the total estimate will be paid prior to the commencement of the project. The remaining 50% will be split into milestone based part payments at appropriate and predetermined times. Each invoice is to be paid within fourteen (14) days of the invoice date. In the event of an invoice not being paid within the terms, production will cease on all work for the client. VA reserves the right to invoice projects when VA’s portion of the project has been completed, not once the project has been finalised by the client. In the case of content managed websites this means VA will invoice once VA have finalised their portion of the project – not once the website has gone live. VA takes no responsibility for the time it takes for the client to enter content. If the client uses a purchase order number system in order to pay invoices the purchase order number is to be provided upon estimate approval. The project will not commence without a purchase order number. VA does not, at any stage offer payback schemes or loan arrangements. If VA agrees to an advance payment, all work must be completed within that financial year. Your acceptance of estimates includes full acceptance of the payment terms listed above. Once estimate approval has been provided these payment terms are not negotiable.

Design and Printing

Design only projects will be invoiced at date of final artwork being sent to the client. Design and Printing projects will be invoiced on date of deliver. Each invoice is to be paid within thirty(14) days of the invoice date. In the event of an invoice not being paid within the terms, production on other projects may cease for the client. VA reserved the right to submit a work-to-date invoice if the project/job is put on hold or a there is a delay with finalising content.

Campaign Projects

Unless otherwise specified a deposit of 50% of the total estimate will be paid prior to the commencement of the project. The remaining 50% will be split into milestone based part payments at appropriate and predetermined times, unless otherwise specified. Each invoice is to be paid within fourteen (14) days of the invoice date. In the event of an invoice not being paid within the terms, production will cease on all work for the client. VA reserves the right to invoice projects when VA’s portion of the project has been completed, not once the project has been finalised by the client.

Project completion

VA will ensure the project is tested correctly however we do require our clients to fully test and approve their project prior to project completion. Testing is carried out at each stage of development. VA will require approvals of at each stage of development. Once final approval has been given and the project is finalised a 14 day period is allocated for final client testing. Once this period ends alterations/fixes will be charged as incurred.

Publicity

VA may use the client’s name for the purpose of promotional activities involving the works carried out for the client unless otherwise specified.

Website – Search engine optimisation

Website estimate do not include a SEO (search engine optimisation) plan, unless specified in the estimate.

Client’s obligation

The client acknowledges that it has the sole responsibility of ensuring the suitability and availability of any trademark rights, copyrights or other property rights that are intended to vest in the works which VA has been commissioned to produce in accordance with the client instructions.

Warranty of originality

VA warrants and represents that, to the best of its knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or ,if previously published, that consent to use has been obtained on an unlimited basis; that VA has full authority to make this agreement; and that the work prepared by VA does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the client or others may make of VA’s product which may infringe on the rights of others. The client expressly agrees that it will hold VA harmless for all liability caused by the client’s use of VA’s product to extent such use infringes on the rights of others.

Limitation of liability

The client agrees that it shall not hold VA or its agents or employees liable for any incidental or consequential damages which arise from VA failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of VA or a third party. Furthermore, VA disclaims all implied warranties.

Website – Platform and browser compatibility

The client is responsible to confirm the works produced by VA are to brief, fit for purpose and function as expected. VA is not responsible to update websites when new browsers are released or the site does not work on browsers not included in the following list. All websites will be created to work on Microsoft Windows 7 and above using the latest releases of Firefox, Safari and Chrome, Internet Explorer 7 and above. All websites will be created to work on Apple OSX 10.5 and above using the latest releases of Firefox, Safari and Chrome. If Internet Explorer 6, mobile and tablet browsers or any browsers not stated above are required then additional charges will apply unless otherwise stated.

Website – Mobile

Unless expressly stated in this estimate, mobile compatibility is not included. If mobile compatibility is included the estimate will state which devices it is compatible with. Any devices or operating systems outside of those expressly stated will not be supported.