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.

2. ESTIMATES

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.

3. BRIEFING

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.

6. PAYMENT

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. All promotional product orders and printing orders require payment in full before we will proceed with the order unless otherwise specified. 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 : Our bank deposit details are provided at the bottom of your invoice. Please use these details to complete your payment through your online banking account. Please use your invoice number as reference when paying and provide us with a remittance advice. Alternatively, you can complete a bank deposit payment by using the payment link on your invoice and inputting your bank details using Payrix Australia Pty Ltd's secure payment gateway.

Credit Card Payment : Issho ni Creative uses Payrix Australia Pty Ltd's secure payment gateway to process all Credit Card Payments. All credit card payments incur a 1.75%* surcharge payable by the client at the time of processing. Credit Card payments can be made using the payment link on your invoice or by calling our office to process your payment over the phone. We currently only accept Visa and MasterCard.
*Additional 1.10% may apply for international cards

Payment Plans : Issho ni Creative will negotiate a payment schedule with you and then provide you with a direct debit authority to complete. You are required to set up your direct debit options and agree to the direct debit terms and conditions upon receiving the invoice before any work on your project will commence. You can choose to have your payments automatically direct debited from either a bank account or a credit card. All credit card payments incur a 1.75%* surcharge payable by the client at the time of processing. There are no fees associated with direct debit from a bank account. Please ensure funds are available when automatic direct debits are due. Failed or rejected automatic debits will incur a $4.40 fee payable by the client. Issho ni Creative will contact you if a payment has failed to advise a date that the automatic debit of your payment will be re-attempted.
* Additional 1.10% may apply for international cards

7. CANCELLATION

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.

8. DEFAULT

An account shall be considered in default if it remains unpaid for 21 days from the date of invoice, or if a 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.

10. APPROVAL

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.

11. ALTERATIONS

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.

14. LIABILITY

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.

Privacy Policy

Issho ni Creative regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all Issho ni Creative users, and conforms to Internet privacy standards. If you have questions or concerns regarding this statement, you should first contact Issho ni Creative at accounts@isshonicreative.com

COLLECTION OF INFORMATION

In order to use the Issho ni Creative website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by Issho ni Creative is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.

USE OF COLLECTED INFORMATION

Any details collected from Issho ni Creative customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.

STORAGE OF COLLECTED INFORMATION

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on the Payrix Australia Pty Ltd Payment Gateway, the information collected is encrypted using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at accounts@isshonicreative.com.

ACCESS TO COLLECTED INFORMATION

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at accounts@isshonicreative.com

ORDERS

If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

COMMUNICATIONS

Issho ni Creative uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at accounts@isshonicreative.comYou will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

THIRD PARTIES

Issho ni Creative may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. Issho ni Creative does not share any information with third parties for any unknown or unrelated uses.

LEGAL

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

LINKS

Links on the Issho ni Creative site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.isshonicreative.com

CHANGES TO PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.

SECURITY POLICY

Issho ni Creative uses the Payrix Australia Pty Ltd Payment Gateway for its online credit card and direct debit transactions. Payrix Australia Pty Ltd processes online transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online transactions performed on this site and through our Xero invoicing system using the Payrix Australia Pty Ltd gateway are secured payments.

• - Payments are fully automated with an immediate response.
• - Your complete credit card number cannot be viewed by Issho ni Creative or any outside party.
• - Payrix Australia Pty Ltd is fully compliant with the Payment Card Industry Data Security Standard (PCI DSS) Level 1, and a registered Australian Financial Services License holder (AFSL No. 418105) with ASIC. The Payrix Payment Portal is secure with 256-bit TSL (v1.2) encryption to ensure the highest level of protection. Please review the Australia Pty Ltd PCI Certificate here: www.payrix.com/au/pci-compliance-certificate
• - All transaction data is encrypted for storage within Payrix Australia Pty Ltd’s bank-grade data centre, further protecting your credit card data.
• - Payrix Australia Pty Ltd is an authorised third party processor for all the major Australian banks.
• - Any personally identifiable information collected through the Payrix Australia Pty Ltd payment gateway are bound by Payrix Australia Pty Ltd's Privacy Policy. Please review the Payrix Australia Pty Ltd Privacy Policy here: www.payrix.com/privacy-policy
• - Payrix Australia Pty Ltd at no time touches your funds; all monies are directly transferred from your payment method to the merchant account held by Issho ni Creative. For more information about Payrix Australia Pty Ltd and online payments, please visit www.payrix.com/au/

INVOICE PAYMENT POLICY

After paying online, you will receive an email confirmation from Payrix Australia Pty Ltd containing your payment details (if you have provided your email address). If you wish to query a payment please contact us at accounts@isshonicreative.com

The Trustees for The Fergusson Family Trust trading as issho ni creative
ABN 12 155 715 974