Terms and Conditions of Trade with Image Direct
“Image Direct” or “us” or “we” or “our” refers to Image Direct Pty. Ltd. ABN: 49 126 128 228 and covers all Directors, Staff and Contractors. “You” or “Yours” or “Client” or “Customer” refers to the client of Image Direct.
By engaging us to do any task for you, you are agreeing to be unconditionally bound by these Terms and Conditions effective as at 31st January, 2023:
Please note: All content and explanatory information on this website forms part of our ‘Terms and Conditions’. In particular please also read the following pages:
- Deadlines and Content:
The work timeline begins once you have:
- accepted and signed our quote ( or proposal) or via Reply email stating you accept our quote; and
- provided digital content e.g.- text, logos and images. NB: content supplied as hardcopy will incur scanning and/or typing fees); and/or,
- paid a non-refundable deposit invoice if it has been issued to you. Some clients will pay on quote/proposal which we also accept as acceptance of quote/proposal.
Note: Printing and/or Web Development cannot proceed without you signing off Proofed Concept Work.
We will faithfully produce the work as it appears on your signed proof. Note that your proofs are usually digital laser and your final output may be via a different process or stock and colours may vary slightly. Note that website proofs are a flat static representation of a concept that we use to show colour, font, layout and form. To state the obvious we cannot 100% concept functional operations on a flat static concept. If you require working prototypes to be built please let us know and we will quote accordingly.
- Payment Terms:
In most circumstances, you will be given a non-refundable deposit invoice prior to work beginning and the balance including any additional work is due on completion and needs to be paid before:
- you take delivery of goods; or
- website goes live, or
- ownership transfers to you.
All work and time is billable in its entirety or in part as it is recorded as work done, regardless of actual job completion or quoting. A ‘mock up’ is considered billable. All Credit is subject to the full Terms and Conditions as set out at www.imagedirect.com.au/terms-and-conditions. By receiving credit, you agree to be bound by these Terms and Conditions in full. Unless otherwise agreed in writing, our Credit Account Terms are pay before picking up goods. Some items such as monthly subscriptions for website maintenance can accumulate a balance outstanding. Balances over 45 days due from invoice date may be handed to a credit collection agency without further notice and you accept liability for all fees and charges associated with your debt recovery and permit Image Direct Pty Ltd to release your personal/company information for the purposes of debt recovery.
Please note: Unless instructed otherwise, all jobs over $100 require a 50% deposit. Jobs under $100 must be prepaid. Why? Whether we are designing and building a website or creating an awesome logo and business card for your business, we cannot put this ‘back on the shelf’ and sell to someone else if for some reason the job is not paid for.
Subscriptions: Some of our services are charged on a subscription basis. This is especially the case when third party plug-ins and apps have been requested to be installed by you on your website. If you no longer wish to continue with a subscription please write to us with at least 14 days notice and we can cancel it for you. Failure to give this notice will mean we cannot cancel it until the next subscription cycle. Given that some subscription cycles are yearly, please check with us if you are unsure what subscription cycle you are on.
- Overdue projects: ‘Flexibility’ is the key term here. We understand ‘things get in the way’ as we experience them ourselves in the day to day running of our business. Unexpected third party delays and unplanned upstream events are just two elements we deal with in the operations of our studio every day. We incur expenses in setting up, building and maintaining websites and if your project goes over the expected time frames we reserve the right to charge a weekly fee while waiting on any of the following: content to finish off a project, sign-off from decision makers and change of scope after delivery of concepts and initial deposit invoicing. The current weekly fee is $50 ex GST. The reverse is also true, if you have signed-off on scope and concept as well as delivered content within agreed timeframes and have paid your Go Live invoice on a website job and are waiting for your website to go live we will deduct $50 for each week it may go over agreed delivery date. Note this DOES NOT include training on your website which is a prepaid service. If we believe a project is not going to finish for lack of sign off from your end or lack of provision of information from you we reserve the right to cancel the project and delete all files. In a circumstance such as this we will notify you in advance. No refunds will be issued.
Image Direct Pty Ltd (Image Direct) acknowledges that information to be furnished is in all respects, confidential in nature, other than information that is in the public domain through other means. We will treat all information we collect from you as strictly confidential. Image Direct does not share its customer lists with any third parties. We will not sell, distribute, share or pass onto any third party (other than those who are contracted or supply services to Image Direct) any personal information that you may have provided to us unless we have your express consent to do so, other than in circumstances required by law or as set out in our Privacy Agreement.
By participating in this transaction, you acknowledge and automatically authorise us to use your name, logo and work samples for the express and sole purpose of identifying you as a client of Image Direct in our marketing material, both Print and Electronic. You may elect to withdraw permission, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain. You accept that all Image Direct work is branded with our job number and contact information for ease of archiving and reference. You may elect to remove our contact information but you accept that all our work shall carry our 6 digit Job Number (for ease of archiving, a free service to you).
- Copyright and Liability:
Image Direct maintains copyright ownership of all material we create unless previously agreed to in writing. You accept full copyright liability for all digital and hardcopy briefs, text and images you supply or submitted by you or on behalf of you or your organisation and indemnify Image Direct Pty Ltd and staff totally against any injury, loss or damage caused by a breach of copyright in relation to any work we do for you. Unless you are paying for editing and copy writing, you are responsible for final proofing of any work. Changes made after proofing may be chargeable as Author’s Corrections.
- Proof Approval
Proof Approval not returned within 14 days will be considered as Acceptance of all work done to date. No feedback from you during and/or after this time may see us considering your job to be complete from the last proof and your outstanding balance may be invoiced. A ‘mock-up’ is considered to be the same as a concept.
- Concepting, Design, Layout and Coding is a service:
Estimates and Quotes are based on a defined process and a set amount of time, additional rounds of changes or Author’s Corrections will be billed at our standard hourly rate. Studio Corrections will not be billed.
- Sign Off: When you sign off proofs as ready to print, you accept the accuracy of the content and agree to take possession of the work as it appears on your signed proof.
- Errors and Omissions Excepted. All Estimates and Quotes are valid for 30 days.
- Delivery and Rollback: In some instances we complete the work on live websites and other digital media. In the event of failure to pay for these services we reserve the right to rollback work undertaken.
- Life of a website: All our websites are built and serviced* with the expectation that the website will function in the same way it did when it went LIVE for a full 24 months. In many cases the website will continue to function and operate in the same way it did at GO LIVE for more than 24 months however you should NOT expect this to be the case and should plan to need a new website 2 years (24 months) after the GO LIVE date. *Only where you are paying our monthly maintenance fee.
- Access to digital platforms: A rare bonus with our WordPress websites is that you own them outright as part of your Intellectual Property. Your website forms part of your branding IP (Intellectual Property). The systems used by us and functionalities built by us (Image Direct and its employees and associates) and the way in which we have assembled our technology and that of external providers, forms part of our IP (Intellectual Property). Different levels of access to the website impacts how these can or may be impacted. For example if you have been provisioned with ‘editor’ access to change words and pictures on the website, not much harm to how the website performs is at stake and neither is the IP of parties involved. However if you have requested and been provisioned ‘administrator’ access which allows changes to plugins, website code and other major settings, we (ie. Image Direct) cannot be held liable for performance of your website from the date on which said access has been provisioned. In colloquial terms we say ‘if you break the website, you get to keep both pieces’ and we will charge you to fix it, if it can be fixed. It’s worth mentioning that admin or administrator access is NOT needed to change words and pictures and/or create new pages and posts on your website and will NOT be provisioned if that is all you are doing. If you need to add/remove plugins and /or code please describe this in detail in your request for admin/administrator access.
- Moving your website away from our hosting and/or monthly maintenance fee: A per clause 14 above, you own your website and as long as you are paying the monthly fee we will do our best to maintain your website at ‘day of delivery status’. This means maintaining its look and feel, form and function as it was on the the day it went live. Note however that technology can change at a rapid rate and upstream and downstream providers can stop support without notice. In most cases you should expect your website to last a minimum of 2 years (24 months) as long as the monthly fee is paid. You are free to choose to move the website to another hosting environment and we will assist to the best of our abilities, subject to the following conditions:
- We are given 14 days notice in writing that you intend to move the hosting
- All amounts outstanding by you to us have been paid in full.
- You agree that Image Direct cannot be held liable for the performance and behaviour of your website after the transfer away from us.
- We will remove any functionality we have created and coded ourselves. The words, pictures, layout and core functionalities are yours to keep.
Note: If you attempt to move, remove and/or copy the website without notifying us in writing with 14 days notice we cannot help you with the move and you do so at your own risk. Some plugins and other elements of technology will have been set up under agency subscriptions and the like and may not continue to function once the website is moved away.