1. PROJECT ACCEPTANCE
Issho ni Creative will provide the Client with a written estimate. A copy of the written estimate must be signed and dated by the Client to indicate acceptance and should be returned to Issho ni Creative. Alternatively, the Client may send an official order in reply to the estimate in either written or verbal form, which will be deemed to bind the Client to accept Issho ni Creative’s terms of business. No work on a project will commence until either document has been received by Issho ni Creative.
Any estimate produced by Issho ni Creative is valid for 7 days from the date of its issue, and is based upon the Client’s instructions, brief and description of the work to be completed. All amended requirements or additional work requested by the Client (including any outside services necessarily procured in order to carry out this work) which is not specifically referred to in the original estimate, shall be regarded as additional to the cost given in the estimate, and will be additionally invoiced. All estimates of costs and services are given inclusive of GST. All estimates exclude travel, courier and delivery costs associated with the project unless specifically stated.
Issho ni Creative does not accept responsibility for missed deadlines unless arising directly from Issho ni Creative’s negligence. When sending briefing instructions by post or electronic mail it is the Client’s responsibility to ensure a follow-up call is made to satisfy itself that Issho ni Creative are in receipt of the project details and deadlines.
4. PRIORITY SERVICE
Sometimes a project is required within a timeframe which necessitates the working of overtime. Issho ni Creative charge a 20% premium on its normal fee to do work of this nature. If a Client wishes to have a project completed within a short timeframe or if the timeframe for a project is important this must be discussed and agreed with Issho ni Creative. Issho ni Creative will confirm whether your project is achievable within the specified timescale and the likely additional costs which must be agreed by the Client before Issho ni Creative shall incur any liability in respect of a failure to achieve any timeframe.
5. FEES AND COSTS
Work is generally charged on a time/cost basis. The scale of hourly charges vary according to the type of work, or the experience and expertise that a project may demand. It is Issho ni Creative’s normal working practice to provide a detailed production estimate for the approval of the Client before any work commences. All such estimates given by Issho ni Creative shall be based on the Client’s instructions specifying the work required. Estimates are based on what Issho ni Creative consider to be a reasonable time schedule for a project’s completion during normal office hours, including the cost of time, and the cost of services anticipated to be provided by external sources.
On acceptance of a Estimate, you accept these terms & conditions and a non-refundable deposit of 40% of the Estimated fee will become immediately due. Work on the project will not commence until Issho ni Creative has received this payment. Charges for any additional services are payable in full at the time of estimate or quotation acceptance. Accounts will be issued upon completion of an order and payment is required within 14 days — a specific due date is clearly stated on all invoices. Please note: All promotional product orders require payment in full before we will proceed with the order. All payments are non-refundable and required even if deliverables are not used by client. Accounts which remain outstanding for 14 days after the due date of invoice, without a reasonable attempt to contact issho ni creative to organise a payment extension and/or payment plan, will be re-issued with a 2% fee and a new due date within a time frame deemed reasonable by Issho ni Creative. Publication and/or release of work completed by Issho ni Creative on behalf of the Client, will not be authorised until cleared funds have been received. Issho ni Creative shall be entitled to retain material produced by, or for Issho ni Creative until payment has been made in full of any outstanding invoice. Should the Client fail to pay any outstanding invoice in due time Issho ni Creative shall be entitled to treat that failure as a repudiation of the whole contract, cease any continuing work for the Client and recover costs and damages.
Issho ni Creative currently accepts the following payment methods:
Bank Deposit : Please use your invoice number as reference when paying and provide us with a remittance advice
Credit Card : We currently only accept Visa and Mastercard. Payments can be made online via your invoice link, in person or over the phone. All credit card transactions incur a 1.7% fee which is added at the time of your payment.
Once the estimate or quotation has been confirmed, the Client may still cancel their instructions on the express condition that Issho ni Creative shall be indemnified against all costs or fees already incurred.
An account shall be considered in default if it remains unpaid for 21 days from the date of invoice, or if a cheque or other method of payment is dishonoured. Issho ni Creative shall be entitled to remove Issho ni Creative’s and/or the Client’s material from any and all computer systems, until the amount due has been fully paid. Accounts may be in default in relation to, amongst other things, 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 materials from computer systems does not relieve the Client of its obligation to pay the due amount. Clients whose accounts are in default agree to pay Issho ni Creative’s reasonable legal expenses and third party collection agency fees in respect of the enforcement of these terms of business.
9. COPYRIGHT AND OWNERSHIP
Illustrators and photographers commissioned by us, on behalf of the Client, retain ownership of full copyright in their work unless specifically stated on the estimate or quotation. Charges for illustrations and photographs are for one time use only, unless otherwise agreed and specifically stated on the estimate. Title to all design work including words, pictures, ideas, visuals and illustrations delivered to the Client remain the property of Issho ni Creative unless specifically released in writing and after all costs have been settled. The Client undertakes to return all such material to Issho ni Creative on demand where such material is no longer required for the purposes specified by the Client and agreed by Issho ni Creative. If a choice of design is presented, only one solution is deemed to be given by Issho ni Creative as fulfilling the contract. All other designs remain the property of Issho ni Creative, unless otherwise agreed in writing. The electronic file remains the property of Issho ni Creative. The Client has no authority to retain a copy, sub-licence or alienate any such copyright to any other third party to use the copyright material for any other purpose than as agreed by Issho ni Creative. Photo libraries from which Issho ni Creative hires visual images on behalf of the Client, retain ownership of full copyright in their work, unless specifically stated on the estimate. Charges for such photo library visual images are for one time use only, unless otherwise set out on the estimate. Issho ni Creative retains the right to feature any work in its marketing and/or promotional material. i.e. website, brochure, etc. without prior permission from the Client.
Issho ni Creative will take every reasonable precaution to ensure the accuracy of text, tabular matter and visual elements. However, the Client is solely responsible for checking the accuracy of all material as soon as reasonably practical after its receipt. Any costs or claims which arise from errors or omissions in the material must be borne solely by the Client unless attributed to Issho ni Creative’s negligence.
The Client agrees that Issho ni Creative accepts no responsibility for any amendments made by any third party, before or after a design is published.
12. CLIENT’S PROPERTY
The Client’s property and all property supplied to Issho ni Creative by, or on behalf of the Client while in Issho ni Creative’s possession, will be held to be at the Client’s risk unless otherwise agreed in writing. The Client should insure accordingly.
13. WARRANTY AND INDEMNITY
The Client warrants and represents to Issho ni Creative that any information or material which is supplied to Issho ni Creative will be accurate and in no way misleading and will not infringe any third party’s copyright, registered design, or other intellectual property rights or obligation of confidentiality, complies fully with data protection legislation and other legislation and is not defamatory or obscene. The Client will indemnify Issho ni Creative against all actions, suits, claims, demands, losses, damages or expenses Issho ni Creative may directly or indirectly incur in relation to a breach of this warranty and representation.
Issho ni Creative shall not be liable to the Client in respect of a claim unless the Client shall notify Issho ni Creative in writing of such claim to be received by Issho ni Creative within seven days from the date that the Client could, exercising reasonable care and diligence, have discovered its right to bring a claim. The above time limit shall not apply where the Client can show that compliance with the time limit was not possible and that notice of the Client’s claim has been given to Issho ni Creative as soon as reasonably practicable. Any liability incurred by Issho ni Creative in respect of any work undertaken pursuant to these terms and conditions shall be limited at the costs of remedying the defect in the work subject to maximum costs of the amount paid by the Client to Issho ni Creative in respect of the work which is defective, save that nothing in this condition shall operate to exclude any liability on the part of Issho ni Creative for personal injury or death.
15. GOVERNMENT LAW
These terms of business shall be governed by and construed in accordance with the Federal laws of Australia and the State Laws of South Australia.
David Peter Fergusson and Dannielle Marie-Laura Icke ATF The Fergusson Family Trust trading as issho ni creative
ABN 12 155 715 974