Below is DING DING DING pty ltd standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from DING DING DING pty ltd you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.
TERMS OF ENGAGEMENT
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (The Client/s) engaging the services of DING DING DING pty ltd., its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
2. Any clause in this agreement may be altered by mutual consent of both parties.
3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Visual Brief) will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the Client’s business design requirements.
5. If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.
6. The Company does not offer a set number of revisions to logo Artwork under the original Visual Brief.
a. The Company will not charge for additional revisions of logo Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided).
7. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $180 per hour, billed in 15 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
8. Quotations are generated by the Company on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
1) All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
9. The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
10. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
11. The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
12. The Company reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (19)
13. The Company reserves the right to invoice for work completed if the project exceeds 60 days.
14. The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.
15. All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.
16. Unless other arrangements are agreed, one half of the fee for each phase of work shall become due on starting. Thereafter invoices will be sent weekly, relating to work done to date. The client agrees to settle accounts within 15 days of receipt of invoice. Accounts outstanding for a period in excess of 15 days will be subject to a late fee: 10% of the total invoice amount. Days thereafter that an invoice remains unpaid will incur an overdue rate of 0.3% per day and subsequent days. We will be under no obligation to proceed to an ensuing stage of the project until all outstanding invoices have been paid in full.
17. The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 15 days.
18. The Company reserves the right to delete web sites with accounts more than 30 days outstanding payment.
Cancellation and Variation Policy
19. The Company reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).
20. If the Client requests the cancellation of a Contract, The Company will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
21. The Company will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.