Terms & Conditions

Terms & Conditions

Initial Marketing Pty Ltd

Standard Agency Terms & Conditions 

Last updated October 2024

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 unclear.

  1. Validity and GST

All costs provided exclude GST where applicable and are valid for thirty days from the date of the quotation.

 

  1. Quoted Costs and Budget Allowance

The costs provided when quoting are guides prices based on anticipated creative, time, and production requirements, typical processes, and the assumption of client cooperation in providing content, meeting deadlines, and approvals. Additional charges may apply if there are significant variations, although the client will be informed 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 account for potential unanticipated requirements, additional development, or ‘scope creep.’ Please note that late payment of invoices may incur additional charges.

 

  1. Project Commencement

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). This ensures the agency is fully equipped to provide the highest levels of service from inception to completion. For projects delivered in stages, a deposit will be required before proceeding to each new stage. Before commencing work, the Client must notify Initial Marketing Pty Ltd if a Purchase Order (PO) is required.

 

  1. Payment Terms

Unless otherwise agreed in writing, the balance of payment will be due in full upon project completion (e.g., on approval of the logo, delivery of printed items, website deployment, etc.). All invoices must be settled in full prior to the final delivery of assets or website go-live. Failure to make final payment at this point may result in project delays and additional charges for late payments. All invoices are due within 14 days of the invoice date.

  1. Staged Payments for Phased Projects

For projects delivered in phases, each stage must be paid in full upon completion before proceeding to the next phase. In cases where staged payments are applied (e.g., 50% deposit followed by two further 25% payments), the balance may be charged in full either upon project completion or over further staged payments at the agency’s discretion.

 

  1. Delayed Projects

If a project exceeds the estimated timeline or extends beyond twelve weeks from quotation approval (whichever occurs first), the agency reserves the right to invoice for completed work and cover any costs incurred, irrespective of content or final approval being provided by the client.

 

  1. Third-Party Services (Printing, Mailing, etc.)

For printing, fulfillment, mailing, or third-party services, a minimum up-front payment of 75% of the agreed cost (or higher, depending on value) is required before the agency can proceed. Proof of payment will be required before the next stage.

 

  1. Invoice Due Dates

Unless otherwise agreed in writing, invoices are due within 14 days of the invoice date. Failure to meet these terms may impact project timelines and result in additional charges, as outlined in Clauses 3, 4, 5, and 7.

 

  1. Project Timelines and Client Cooperation

Completion dates depend on client cooperation in providing information, resources (e.g., logos, images), and approvals. While the agency will do its best to meet timelines, delays caused by client inaction or third-party issues (including force majeure) may result in project delays without liability to the agency.

 

  1. Client Satisfaction and Feedback

If the client is unsatisfied with the work provided, they are required to offer constructive, detailed feedback. Design is naturally subjective, and the agency strives to create solutions aligned with the client’s goals. However, the client is asked to be mindful of the subjective nature of creative work. If the client remains unsatisfied and wishes to resolve the design with another supplier, compensation for the time spent on design will be required. In such cases, any design time already used will be billed.

 

  1. Revisions and Amendments

Each project includes an allowance of hours for revisions and amendments, as specified in the quotation or agreement. If revisions exceed the allotted hours, further work will be charged at the agency’s standard rate card. Rates are subject to change in the future, and clients will be notified of any rate changes. Any design time used after a rate change will be billed at the new rate card amount. The agency will notify the client when approaching the limit of the revision allowance. Any additional revisions after sign-off or project completion may incur extra charges, based on the rate card.

 

  1. Client Approvals

At the end of each stage (including, but not limited to, before sending items to print or publishing websites), the client must approve the work in writing. No further development will occur without written approval. Additional amendments after approval may incur further charges, with prior notice to the client.

 

  1. Meetings and Additional Charges

Fees include reasonable meetings at key stages between the agency and the client. Some meetings may incur additional charges for time spent, though the client will be informed in advance.

 

  1. Refund Policy

Deposits are non-refundable. No design time can be refunded. However, if the client has paid in advance for work yet to be completed, those hours may be held as credit for future projects or work with the agency.

 

  1. Exclusions and Third-Party Costs

Unless otherwise agreed, fees exclude GST, stock images, external photography or video, bespoke illustrations, copywriting, website hosting, backups, translation services, talent (e.g., models), third-party media, production, distribution, courier services, proofreading, and printing. Additional charges may apply for these services if required.

 

  1. Client-Supplied Materials

Unless otherwise stated, most copy and images will be provided by the client. The agency will assist with headlines and top-line messages as part of the creative process. Full copywriting or photography services can be provided at an additional cost.

 

  1. Print Services and Client Responsibility

The agency recommends using its preferred suppliers for print to ensure quality control. If the client chooses to use their own print supplier, the agency will provide print-ready artwork but will not be responsible for the final output or process. The client is ultimately responsible for print approvals. While we will always conduct a production checklist, the agency cannot be held responsible for inaccuracies in content (e.g., fact-checking, legalities, typos, etc.). Print quality and final content approval rest solely with the client.

 

  1. Third-Party Suppliers

The agency works closely with trusted third-party suppliers, including sign manufacturers, photographers, illustrators, web developers, and other partners, to provide an extended service offering. The agency takes responsibility for managing these relationships.

 

  1. Colour Accuracy in Print

Due to variations in printers, inks, substrates, and viewing devices, the agency cannot guarantee 100% colour accuracy. Clients may request a ‘wet-proof’ (subject to additional cost) to ensure accurate colour representation. Otherwise, some variance should be expected.

 

  1. Intellectual Property and Ownership

Until full payment is received, all designs, artwork, and rights remain the property of Initial Marketing Pty Ltd. Upon full payment, ownership and copyright of final work will transfer to the client, excluding alternative concepts or development files. The agency reserves the right to use completed work for self-promotion unless otherwise agreed in writing. The client has no right to use any part of the designs, artwork, or materials until payment is made in full.

 

  1. Copyright and Trademarks

The agency will not knowingly infringe any copyright or trademark. Clients are responsible for securing any necessary rights, trademarks, or copyright protections.

 

  1. End-Artwork and Source Files

The agency typically does not provide source files unless the intention of the job is to supply a source file. For example, if an InDesign template is required, an InDesign file will be provided. However, for projects such as annual reports or other deliverables, source files will not be provided unless a release fee has been agreed upon in advance.

 

  1. Client Responsibility for Content (Print and Web)

The client is ultimately responsible for the content provided, both for print and web projects. This includes ensuring the accuracy of information (e.g., factual accuracy, legal compliance, etc.) and maintaining security of any data captured through web forms or other means. The client is also responsible for ensuring that their website complies with applicable data privacy and security laws.

 

  1. Confidentiality

The agency will not use or disclose any proprietary client information without permission and will take reasonable steps to protect confidentiality.

 

  1. Indemnity

The client agrees to indemnify Initial Marketing Pty Ltd against any claims, losses, liabilities, or damages incurred in relation to work or services provided. The agency is not responsible for third-party errors or delays.

 

  1. Notification of Defects

The client must alert the agency to any defects or issues within 30 days of the final invoice. Claims made after this period will not be accepted.

 

  1. Web Projects Ownership

For web-related projects, the client retains 100% ownership of the website design only, unless otherwise agreed. The client is ultimately responsible for the content on their website, including security of any data captured (e.g., via forms). It is the client’s responsibility to ensure compliance with applicable data security and privacy laws.

 

  1. Attribution and Credit

Where possible, appropriate credit for work produced by the agency should be attributed to Initial Marketing Pty Ltd (e.g., in small print on websites or printed items). This work may also be used by the agency for promotional purposes unless otherwise agreed.

 

  1. Dispute Resolution

In the event of a dispute, both parties agree to enter mediation or arbitration before taking legal action to resolve any disagreement.

 

  1. Force Majeure

The agency will not be liable for delays or failures caused by events beyond its control, including acts of God, war, government restrictions, or third-party supplier delays.

 

  1. Limitations of Liability

To the fullest extent permitted by law, the agency’s total liability to the client for any damages, losses, or causes of action arising from or related to the services provided shall be limited to the total fees paid by the client for the relevant project. The agency will not be liable for any indirect, consequential, or incidental damages, including but not limited to loss of revenue, profits, or data.

 

  1. Non-Solicitation of Employees or Contractors

The client agrees not to directly solicit or hire any employees, contractors, or freelancers of the agency during the project or for a period of 12 months thereafter without the agency’s prior written consent.

 

  1. Use of Open Source Software (Web Projects)

The agency may use open-source software in the development of web projects. The agency is not responsible for any vulnerabilities or performance issues arising from the use of such third-party software, although we will endeavor to use widely supported and secure solutions.

 

  1. Termination

Either party may terminate the agreement in writing under certain conditions. Any work completed up to the point of termination will be chargeable, and deposits will not be refunded. The agency is under no obligation to deliver incomplete work or transfer files to the client unless paid in full.

 

  1. Changes to Terms

These terms and conditions supersede any previous versions and apply to all current and future projects unless otherwise agreed in writing. Initial Marketing Pty Ltd reserves the right to modify these terms at any stage with immediate effect.

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