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Terms and Conditions

Upon sign off of the Quotation supplied the following terms and conditions form the legal obligations of the relationship between ProStudio Designs (ABN 16 815 255 058) and the Client (you).

1. QUOTATIONS

Are valid for 30 days. Once quote is approved and signed, artwork becomes chargeable.
Are a guide to the final payable amount and are based on initial information supplied by the Client verbally, written or digitally. These estimates are liable to change after the Client makes a deposit if artwork, text, project examples or project design specifications change.
May not include delivery fees, stock photography, purchased fonts, or other out of pocket expenses. The Client will be advised if these additional costs occur before adding them to the final invoice.

2. RATES AND PAYMENT

A deposit amount equal to or approximately 50% of the total is required upon commencement of the project. Once the initial payment has been made it is deemed as non-refundable due to time spent on the project. 50% of the deposit may be returned in good-will to the Client if time used is less than 2 hours.
In the event that a project continues over its estimated time, the duration taken to complete the project will be charged at a rate of $90.00 AUD per hour and calculated in 15 minute increments. This charge will begin only after prior notice is given and the Client accepts approval.
Additional charges including but not limited to: stock photography, domain name registration, web hosting, font sources and professional printing provided by third parties are non-refundable.
Once a project has been designed and completed by Prostudio Designs and approved by the Client the final balance of payment is then due in accordance with the supplied payment terms. No exceptions will be made, including in the event of a cancellation. Withholding payment will result in legal action if necessary, and all costs and expenses are chargeable to the Client if a legal situation occurs.
Once a project is deemed complete and accepted by the Client, they are obliged to pay the balance of the final invoice in full. Only once payment has been made in full can any work be released or websites set live.
Once full payment is received for a project, it is assumed that the project has been completed to the Client’s satisfaction and no refunds can be made.

3. LATE PAYMENT PENALTIES 

Once a project is deemed complete and accepted by the Client, they will be sent an invoice that is due within 14 days. A penalty of 2% of the total cost will be charged for each day (7 day week) on any overdue balance. Prostudio Designs will contact Clients via email or telephone to remind them of such payments and to claim the calculated penalties if payment is not received when due.
Whilst any payment due under the agreement remains outstanding, Prostudio Designs shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.

4. TRANSFER RIGHTS OF WORK AND INTELLECTUAL PROPERTY

Any project including but not limited to: websites, printed materials, graphics and any programming code remain the property of Prostudio Designs until all outstanding accounts are paid in full.
The Client will assume all reproduction rights upon full payment for the completed project and no rights to use any preliminary concepts unless specifically permitted by Prostudio Designs. An exception of all transferred rights exists to Prostudio Designs who retains the right to use the completed project and any preliminary concept designs for any purpose at its sole and absolute discretion including the display of the completed work within a portfolio or website.

5. PROJECT CANCELLATION

Should the project be cancelled at any stage in the process, Prostudio Design reserves the right to invoice the client for all costs incurred (including time) up until the time of cancellation. All work supplied to the client is to be returned to Prostudio Designs. Any invoice will be paid within 30 days of receipt.

6. DELAYS

Should any delays incur outside the control of either party to the production schedule, neither party shall incur penalty or legal liability. Such delays include but are not limited to state of war, delays due to 3rd party suppliers, energy failure/s, acts of God, equipment failure, riots, fire and civil disorder.

7. WARRANTY

Prostudio Designs warrants that all work provided will conform to the agreed requirements of the client. Should any such work not conform, Prostudio Designs will at no cost to the client make such corrections as necessary.

8. CONFIDENTIALITY

All work undertaken by Prostudio Designs remains confidential and will not be reproduced and or provided to any other party unless specifically requested by the client.

9. COMPLETION AND DELIVERY OF PROJECT

Any shipping or insurance costs will be charged to the Client.
Files are supplied as complete, un-editable design. They will not be supplied as original, editable format. Custom fonts will not be supplied due to third-party copyright but can be purchased and downloaded separately by the Client. Prostudio Designs reserves the right to refuse the supply of any original files. Exceptions to this term include EPS for logos, PDF files for print, PSDs for website development and any third-party purchases such as stock photos.
If professional printing is required then Prostudio Designs will not be held responsible for errors in a printed product outside of the approved final artwork. This includes: misspelling, graphic quality, grammar, punctuation, colour discrepancies or packaging damages. Prostudio Designs will do everything possible in the best interest of our clients to ensure the final printed job is of the highest quality. Please allow minimum 7 - 10 working days from artwork approval for your job to be printed. Critical colour & special printing processes may take longer.

10. COPYRIGHT INFRINGEMENT DISCLAIMER

Prostudio Designs cannot take responsibility for any copyright infringements caused by materials submitted by the Client. Prostudio Designs reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The rights to photographs, graphics, fonts and any third party items such as website source code always remain the property of their respective owners.

 

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