The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Between the Pixels.
All design work is carried out by Between the Pixels on the understanding that the client has agreed to abide by Between the Pixels' Terms and Conditions.
Copyright of all graphic design work is retained by Between the Pixels including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Between the Pixels as fulfilling the contract. All other artwork designs remain the property of Between the Pixels, unless agreed in writing.
Project Acceptance
At the time of proposal, Between the Pixels will provide the client with a written estimate or quotation via email. The validity duration of the estimate or quotation will be stated within the document. Full Terms and Conditions can be read on Between the Pixels' website.
A reply email is to be sent to Between the Pixels by the client to indicate acceptance. Alternatively, the client may send an official order in reply to the estimate or quotation that binds the client to accept Between the Pixels' terms and conditions. No work on a project will commence until either acceptance method has been received by Between the Pixels.
Design Fees
From July 1st 2017, 10% GST will be applicable on all Between the Pixels services, including quoted services approved prior to July 1st 2017.
Fees for design services to be provided by Between the Pixels will be set out in the written estimate or quotation that is provided to the client.
Public sector/Government organisation client: Are exempt from a deposit payment. Work on the project will commence when the client has provided written acceptance of the estimate or quotation to Between the Pixels.
Private sector/non-government organisation/individual client: At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Between the Pixels has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design will become fully payable at the time of project completion.
Payment
Clients will normally be invoiced on our standard 30 days terms. Payments may be made by electronic funds transfer, credit card (only via an internal GPEV payment system) or Paypal.
Public sector/Government organisation client: Invoicing will occur at the completion of work; if the work(to-date) is to be released for trial use (within a Government organisation setting); if no changes have been requested after a period of 3 months, if requested by the client for End-Of-Financial-Year purposes. As of 1 July 2015, accounts which remain outstanding for 30 days after the date of invoice, will incur a compounding interest charge of 5% per month (accrued monthly) of the outstanding amount.
Private sector/non-government organisation/individual client: Invoicing will occur at the completion of work. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month (accrued monthly) of the outstanding amount. Publication and/or release of work done by Between the Pixels on behalf of the client, may not take place before funds have cleared. Payment in full is required prior to artwork being sent to print.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Between the Pixels shall be considered entitled to remove Between the Pixels' and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Clients whose accounts become default agree to pay Between the Pixels reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Between the Pixels for inclusion in the client's artwork, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Between the Pixels on behalf of the client, will remain the property of Between the Pixels and/or it's suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.
The client may request in writing from Between the Pixels, the necessary permission to use materials (for which Between the Pixels holds the copyright) in forms other than for which it was originally supplied, and Between the Pixels may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Between the Pixels reserves the right to charge fees for additional usage.
By supplying images, text, or any other data to Between the Pixels, the client grants Between the Pixels permission to use this material freely in the pursuit of the design and to utilise the designs in Between the Pixels' portfolio unless agreed otherwise.
Should Between the Pixels, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Between the Pixels to remove and/or replace the file.
The client agrees to fully indemnify and hold Between the Pixels free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to an additional charge.
The client also agrees that Between the Pixels holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing or idea created for the client by Between the Pixels, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Between the Pixels and any of its relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Between the Pixels will not be held responsible for any and all damages resulting from such claims. Between the Pixels is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Between the Pixels responsible for any such loss or damage. Any claim against Between the Pixels shall be limited to the relevant fee(s) paid by the client.
Data Formats
The client agrees to Between the Pixels' definition of acceptable means of supplying data to the company.
Text is to be supplied to Between the Pixels in electronic format as standard text (.txt), MS Word (.doc) via e-mail.
Images which are supplied by the client must be of a quality suitable for use without any subsequent image processing, and Between the Pixels will not be held responsible for any image quality which the client later deems to be unacceptable. Between the Pixels cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Between the Pixels of a design project's duration is to be considered by the client to be an estimation. Between the Pixels cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Between the Pixels.
Public sector/Government organisation client: Estimated project duration should be deemed to be from the date that written acceptance of the estimate or quotation is received by Between the Pixels.
Private sector/non-government organisation/individual client: Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Between the Pixels.
Design Project Completion
Between the Pixels considers the design project complete upon receipt of the client’s approval sign off via email. Once the work is approved, Between the Pixels is not responsible for any oversights made by the client during the review and approval process.
Design Credits
The client agrees to allow Between the Pixels to place all designs on Between the Pixels' own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise. An applicable Government copyright watermark will be placed on Government owned works.
Rights of Refusal
Between the Pixels will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Between the Pixels also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Between the Pixels does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Between the Pixels to remove the contravention without hindrance, or penalty. Between the Pixels is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders must be made in writing via e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
Disclaimer
Between the Pixels makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Between the Pixels will not be held responsible for any and all damages resulting from products and/or services it supplies. Between the Pixels is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Between the Pixels responsible for any such loss or damage. Any claim against Between the Pixels shall be limited to the relevant fee(s) paid by the client.
Between the Pixels reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Between the Pixels will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Between the Pixels and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Between the Pixels recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Between the Pixels is not responsible for any copyright violations the inclusion of fonts in generated PDF files might inflict. Please read your font license agreement before distributing such PDF files or using such fonts.
Between the Pixels is not responsible for any copyright/licensing violations redistilling/distributing/misusing protected PDFs or extended feature PDFs might inflict. Please make sure that you are not violating any copyright/licensing before redistilling or distributing such files.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Between the Pixels reserves the right to change any of the Terms and Conditions at any time and without prior notice.
This is version 4, published 01/06/17.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Between the Pixels and validated by the client's written acceptance via email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Between the Pixels.