1. Price quoted is based on the original brief provided by the client and project overview outlined in the above costings. If the project varies from the original brief, additional costs will be incurred and added to final invoice.
2. 50% deposit is required before commencement of project.
3. If for any reason the project is put on hold by the client for a period of ten (10) business days or more, a further invoice of 30% of project total will be issued. Remaining 20% balance will then be issued on completion. All work will be 100% invoiced on completion.
4. AUTHORS AND CHANGES– Two rounds of basic authors corrections are included at no additional charge to allow for clients revision and feedback of artwork. This process begins after client is supplied their first PDF proof of artwork for review with all content and images in layout as supplied. We recommend client supplies all text and imagery for layout as final as possible to alleviate any additional costings to them for changes at a later date. These included “authors” corrections are to cover basic text and slight manipulations only. Process for feedback is as follows – 1. First set of client feedback and/or changes The Room allows up to an hour of studio time inclusive of original project cost. 2. Second round of changes the allowance is inclusive up to half an hour of studio time. No full layout or major document changes will be classified as “authors”. If the changes or alterations requested by client are outside of scope as outlined above the project will be re-quoted for the client based on the new specifications of the changes provided at The Room’s hourly rate of $180 p/h. The Room will await client approval on costings before we proceed.
5. If The Room Co Pty Ltd are contracted to provide services for a project and the project is cancelled, The Room Co Pty Ltd reserves the right to demand payment for all work and expense incurred by us to date. The Room Co Pty Ltd does not refund for any monies paid for cancelled jobs.
6. Payment of accounts must be made within seven (7) days of receipt of invoice unless other terms have been agreed to. The Room Co Pty Ltd reserves the right to pursue late payment.
7. The client has the right to use the artwork produced in undertaking the services only for the purpose for which it was commissioned. Intellectual Property in the artwork and associated materials shall remain the property of The Room Co Pty Ltd. Source files will be released on clients request at the price of the original design quote.
8. The Room Co Pty Ltd retains the right to use the artwork and associated materials for the purpose of design competitions, future publications on design, educational purposes, marketing materials and portfolio at our discretion.
9. The failure by The Room Co Pty Ltd to insist upon compliance with any provision of the terms does not constitute a waiver of that provision and The Room Co Pty Ltd shall be entitled to insist upon compliance with all provision of these terms at any time.
10. If a person or part of a provision of these Terms and Conditions is found to be invalid or unenforceable then that provision or part of a provision shall be severed and the remaining provisions shall continue to be binding and have full force and effect on the parties.
11. The laws of the State of Queensland shall apply and any legal proceedings commenced by any part to this agreement shall be issued out of and heard in the relevant court at Brisbane.
12. That the production schedules will be established and adhered to by the Applicant and The Room Co Pty Ltd. Neither party shall incur any liability or penalty for delays due to actions or negligence of Applicant, state of war, riot, civil disorder, fire, labor trouble, strikes, accident, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other cause beyond their control. The Room Co Pty Ltd shall be entitled to unilaterally extend production schedules for up to 60 days upon giving the Applicant written notice.
13. That except by force of law, the parties acknowledge that The Room Co Pty Ltd gives no warranty whether express or implied for the services and associate materials. In no event shall The Room Co Pty Ltd be liable for any person and/or entities consequential and/or incidental damages.
14. The client further agrees to indemnify and hold harmless The Room Co Pty Ltd for claims of any nature whatsoever pertaining to the Services and their associated material. This includes the loss of proofs and materials, missing projected deadlines set for the completion of the Services, loss of any information, claims relating to any intellectual property furnished by or to the Applicant.
15. WEB DEVELOPMENT – The Room offers a warranty on all websites for a period of 1 (one) month from deployment date.
16. Late Fees – The agency reservers the right to charge late fees on outstanding amounts exceeding the agreed upon trading terms. This fee will be based on 10% of the outstanding amounts plus Goods and Services Tax (GST), charged each thirty (30) days (or part there of thirty (30) days) until the debt is recovered or handed over for collection by an agency. All debt collection fees will be the responsibility of the client. Where the agency has handed over client invoices for collection, the client is responsible to pay the following: – All late fees as invoices by the agency and all collection fees incurred to recover the debt including: – The commission of the collection agency and legal fees or any incidental expense incurred by the collection agency in recovery of the debt
17. The Room reserves the right as part of the IP ownership to feature a small corporate tag line of their own design on footer/ bottom of clients websites on completion of design and deployment of said site.