Terms & Conditions
TERMS AND CONDITIONS OF TRADE
By accepting any quotation or artwork approval provided by Imagenta you
(the purchaser) agree to proceed with the work stated within those
documents bound by these terms and conditions. Please take time to read
and understand this document, and
keep it in your records.
1. Acceptance of Artwork
a. Prepress artwork is supplied to the purchaser for the purpose of
checking copy, while every attempt is made to simulate the finished
product, Imagenta accepts no responsibility for minor variations in form
or colour due
to inconsistencies between media and production
processes.
b. Copy provided to Imagenta is received in good faith, and Imagenta
accepts no responsibility for copyright disputes or infringements
incurred by reproduction of supplied material. Permission to use such
copy must be obtained by the purchaser prior to production of the
finished artwork.
c. Copy provided to Imagenta that is deemed by Imagenta to be offensive
in any way or contain elements that may be inflammatory, unlawful or
otherwise be deemed unfit for reproduction will be rejected at
Imagenta's discretion.
d. Deadlines given to Imagenta for production and supply of goods are
conditional to prompt refinement and acceptance of artwork. Delays in
supply of goods incurred by extended periods of consultation or late
confirmation of artwork supplied is not the responsibility of Imagenta,
and Imagenta will accept no claim for any loss or penalty incurred by
such a delay.
e. All artwork supplied by Imagenta from concept to finished art remains
the property of Imagenta until such time as the full amount indicated
in a supplied invoice is provided to Imagenta in cleared funds.
Reproduction of any artwork supplied by Imagenta that has not been paid
for in full, or does not have permission supplied by Imagenta for
reproduction remains the intellectual property of Imagenta, and Imagenta
will take action to claim payment or recover loss for the use of such
artwork. Imagenta reserves the right to use artwork purchased for the
promotion of Imagenta's services unless negotiated in the sale of such
artwork.
2. Quotation of Work
a. Quotation for supply of goods and services will be available by
request and will be provided in writing to the purchaser. The quote will
remain current 30 calendar days from the date of issue as stated in the
quote. Imagenta provides pricing based on current issue from suppliers,
but will hold no responsibility for increases in materials or
production cost passed on to Imagenta from such suppliers between quote
and production dates, and will pass on such increases at Imagenta's
discretion.
b. In the event of materials contained within a quote being unavailable
or supplied with delay at time of production, Imagenta may seek an
alternative directly or instruction from the purchaser as to the
preferred option to complete the work by the deadline supplied. Imagenta
reserves the right in such a case to deviate from the description of
articles provided in the quote to provide the goods and services
contained in the quote. Imagenta reserves the right to change pricing
structure without notice, but where reasonable will be bound by the
rates supplied in a quote for the period indicated on the quote and
subject to these terms and
conditions.
c. The pricing structure contained in a quote provided to the purchaser
is valid only for the purchaser listed on the quote provided, with a
valid signature to authorise the purchase of the contents of the quote
supplied.
d. Goods and services supplied based on verbal negotiation is provided
subject to Imagenta's discretion, and Imagenta takes no responsibility
for change in the content or amount of such negotiation at time of
billing.
e. Once agreement is made for supply of goods or services between
Imagenta and the purchaser, further negotiation will only be made at
Imagenta's discretion. Extras and additions will be supplied additional
to the original agreement, and will be requoted on request.
f. A upfront payment of typically 50% of the total purchase is required
to commence work as stated in the quote provided and must be received in
full and cleared funds before any work will commence. The initial
payment amount is applied at Imagenta's discretion, and is subject to
all jobs unless negotiated within the initial consultation. Where
reasonable, a deposit request will be forwarded on acceptance of the
quote supplied, however a deposit is required
regardless of whether you receive a deposit request or not and must be
received in full before work will commence.
g. Acceptance of work contained within a quote will only be deemed valid
if signed and dated in accordance with the instructions provided within
the quote, and returned promptly and in good order. Verbal or written
acceptance outside the instructions contained within the quote will only
be accepted at Imagenta's discretion.
3. Payment
a. Imagenta retains ownership of all goods and services until full
payment of cleared funds is made to Imagenta in accordance with the
instructions provided within the invoice supplied. Imagenta reserves the
right to
remove or reclaim goods or services provided to the
purchaser unless payment is made in accordance with the conditions
provided within the invoice.
b. Artwork supplied prepress remains the property of Imagenta until full
payment has been made in accordance with the instructions provided, and
reproduction may only be made with permission from Imagenta. Use by, or
provision of artwork to any other company or individual for any other
purpose other than proofing of final production without final payment is
not permitted, and Imagenta will take action to reclaim any loss.
c. Payment made in arrears to the conditions provided within the quote
will be subject to administration fees upon final payment. Imagenta
reserves the right to change administration fees provided without notice
and apply such fees at Imagenta's discretion.
d. Purchaser's who do not provide payment in accordance within these
terms and conditions and the terms provided within the invoice supplied
may be presented with a letter of demand. If payment is not made in
accordance with the instructions contained in this letter and these
terms and conditions, Imagenta will take action to against the purchaser
for the entire amount, and any additional fees incurred in reclaiming
this amount.
e. All amounts provided by Imagenta are in Australian Dollars, and all
payment must be made to Imagenta in Australian Dollars.
4. Work Onsite
a. Imagenta will only agree to conduct consultation and work onsite if
provided with a safe working environment in accordance to the
Occupational Health and Safety legislation, and may refuse to enter any
situation
deemed potentially unsafe or harmful.
b. Imagenta holds no responsibility for the conduct of contractors
employed or working in conjunction with Imagenta. Whilst every effort is
made to ensure contractors conduct themselves professionally and
safely, Imagenta takes no responsibility for the conduct of contractors
contrary to instruction or expectation.
5. Warranty
a. Imagenta will repair or replace goods or services without cost to the
purchaser where reasonable fault with those goods or services is found
at time of provision. Imagenta may repair or replace goods or services
supplied without cost to the purchaser where fault is
found after provision at Imagenta's discretion.
a. Imagenta will only warrant goods or services provided used in
accordance to instructions, and within the reasonable limits of the
material provided. Imagenta will hold no responsibility for selection of
materials proving to be unsuitable for the given application. Imagenta
will offer options to the purchaser in accordance with manufacturers
recommendation, but it is the responsibility of the purchaser to gain
any additional professional advice required to assess the suitability of
goods or services supplied, unless negotiated at the initial
consultation.
b. Imagenta will not be held liable for transportation of goods supplied
subject to a warranty claim for the purpose of repair. Goods returned
to Imagenta for the purpose of a warranty claim must be in original
condition, and any attempts to change or modify the goods or services
supplied will void any warranty claim.
c. Fault found with goods and services supplied arising from material
defect will be subject to the warranty of the supplier of that material,
and repair will be conducted in accordance with suppliers instructions
and to the extent of their instructions. Any additional cost to repair
or replace this material used within the goods and services supplied may
be passed on to the purchaser at Imagenta's discretion.
d. Imagenta reserves the right to effect repair of faulty goods or
services, where reasonable, before replacement or refund of the purchase
is provided.
e. Imagenta will not be held liable for any damage or loss faulty goods
and services cause the purchaser beyond those directly and reasonably
incurred by the fault in such goods or services.
f. Imagenta will only hold valid warranty claims made by the original
purchaser.
6. Content
a. Imagenta takes no responsibility for any dispute, offence,
misconception or otherwise arising from the content contained within the
goods and services provided. All care has been taken to identify and
remove any copy
that may cause such a dispute, but no responsibility will
be held by Imagenta for such a claim. The purchaser will be responsible
to validate any content that may cause such a dispute, and make sure
the content is suitable for the general public.
b. Imagenta takes no responsibility for any goods or services that cause
dispute or loss used in a manner contrary to instruction or in a manner
that may cause such dispute or loss.
c. Imagenta will take no responsibility for copy supplied for the
purpose of reproduction that contravenes any copyright, trademark, or
patent. The purchaser is responsible to investigate potential
infringement and to obtain any permissions required for such copy.
7. Web Development and Hosting
a. Proposals supplied to clients are indicative in nature, and small
variations in functionality may be inevitable due to technological or
budget constraints. Imagenta will accept no liability for such variances
and will
renegotiate with clients whose requirements are outside
of technological or budget constraints.
b. Timelines supplied to clients are indicative in nature, and variable
outside of Imagenta's control may push deliverables beyond the expected
delivery date. Imagenta will make every effort to adhere to a quoted
timeline, but will not be bound to such a timeline unless a specific
deadline is negotiated prior to acceptance of the work. Deadlines may be
considered by Imagenta after the acceptance of a project, but Imagenta
reserves the right to do so at it's discretion and also to renegotiate
quoted amounts for the project in question.
c. Imagenta conducts testing prior to launch of all major web projects,
and seeks to be diligent in identifying and fixing any bugs,
functionality issues, and browser compatibility issues that arise. It is
impossible, however to replicate every scenario and environment during
testing, and unless specifically contracted (to test a particular
scenario or environment), Imagenta will accept no liability for loss or
damage for any such issues that may affect site performance post launch.
Imagenta agrees to remedy any issues affecting site performance within
the constraints of the resources at hand, and in a timely fashion
provided the claim can be replicated inhouse, and is a direct result of a
error, omission, oversight, or such by Imagenta or one of it's
contractors. Issues must be presented within up to 2 months from launch
of site, and must critically affect the function or display of the site.
Changes outside of the accepted layout, or featureset described will be
conducted and charged as an extra by Imagenta at it's discretion.
Imagenta will accept no claim for repairs or changes after additional
contractors or individuals outside of those endorsed by Imagenta have
had access to and/or made changes to the site's appearance or function
that fall outside of the predetermined areas of client editable
content.
d. Imagenta will provide instruction and resources in order to instruct
purchasers of dynamically driven websites with additional server
software for administering the site, in it's use and function up to one
hour in person (visitation, phone, video, streamed content eg webinar or
such), with supporting documentation. Beyond this introduction, if
additional training is required, unless negotiated at the acceptance of a
proposal, this will be charged at Imagenta's discretion at the hourly
rate for the instructor responsible.
e. Ongoing support for websites constructed and managed by Imagenta is
supplied on a reasonable limit arrangement. For instance supply of
instructions to set up email accounts, lost admin details, account info,
and information of this nature is supplied as part of the management
arrangement. Setting up email accounts on client machines, repairing
site functionality, detailed technical support, modifying account
details and function, and issues of this nature will be charged at the
technician attending's hourly rate.
f. Clients and authorised representatives are responsible for the
security of all log in information, and administration of site content
(where control has been given to the client), no liability will be
accepted by Imagenta for loss or damage, caused by compromise to the
security of such information, or for any other reason. Where content has
been entered into a site in an administration role, the client and
authorised representatives are solely responsible for administering and
approving such content, and Imagenta will accept no liability for loss
or damage caused by such content published. All content administered by
clients and authorised representatives is the sole responsibility of
those individuals, and must be backed up in accordance with safe data
procedures, Imagenta will accept no liability for loss or damage from
lost or corrupted information stored on it's web servers.
g. Software platforms provided by Imagenta for website development and
function can be provided by third parties, and Imagenta will pursue such
companies in the event of issue or failure but will accept no liability
for loss or damage as a result. Imagenta reserves the right to upgrade
or change such software technologies as upgrades are available or
systems become obsolete. At any point Imagenta reserves the right to
discontinue selected software platforms, and will provide notice and
upgrade options to affected clients. Where changes will affect the
appearance or function of the site or administration in an upgrade
scenario, notice will be given by phone call and/or email. All issues
arising from migration to new software platforms will be dealt with in a
timely manner by Imagenta technicians or contractors, but Imagenta will
accept no liability for slight variance in function or appearance
between systems. Imagenta reserves the right to charge for system
migration in the event of software platform redundancy or discontinuing
of support from the provided.
h. Information supplied by clients and authorised representatives must
be supplied complete, pre-edited, and in accordance with instructions
from Imagenta to maintain supplied timelines. Imagenta will take no
responsibility for delay caused by content not supplied in accordance
with Imagenta's instructions. Further charges will be applied for any
editing, redemptive work, creation of content, and/or maintaining
timelines with late supply of content in addition to supplied quotations
and may be applied without prior notice or approval.
i. Website, custom web application development and delivery of all
other major online content or products will be billed in installments.
The first installment is due on placement of an order and will form 50%
of the total for the fixed component of a quote or scope document
provided. For larger development work, further installments may fall
periodically during the development as milestones are completed and
approved, totaling 40% of the fixed total agreed in the original order
with the addition of any variances or additional works. These further
installments totaling the amount indicated above are due on approval of
the finished product BEFORE that product is uploaded to a live server,
linked to a domain, or supplied to the client. The remaining 10% of the
fixed agreed amount for the original order is due after the product is
delivered, or linked to a domain, or uploaded to a live server in
accordance with the terms supplied in that invoice. An amount for
hosting may accompany any stage of payment dependant on the cost
incurred by Imagenta if applicable to the product supplied, and must be
payed in advance before such a product is delivered, or
linked to a domain, or uploaded to a
live server.
8. Disputes
a. Negotiation over a dispute between Imagenta and the purchaser will
only be entered into if the representative is the individual/s whom
authorised the work or an appropriate representative, and such
individual/s or
representatives have demonstrated they have adhered to the terms and
conditions contained within this document.
b. Imagenta reserves the right to involve an authorised representative
to consult and act in proxy for legal and/or financial matters resulting
from a dispute.
c. Where the work supplied has been delivered in accordance with an
approved quote and layout, and these terms and conditions, full payment
must be made before any negotiation will be entered into over such a
dispute, and Imagenta reserves the right to demand such payment in
accordance with supplied invoice terms.
Imagenta must be given reasonable time to make good any issue as a
result of a dispute before
