Colour Cult – Terms and Conditions
By undertaking any project with Colour Cult, you agree and consent to the following terms and conditions which form our full and legally binding conditions of trade. Please take the time to read through them, as these Terms and Conditions are enforced on every project, without exception. This is a summary of our full, legally binding trading terms, so please contact us via email at firstname.lastname@example.org if you are unsure or need clarification on anything within them.
“Customer” means the purchaser of Goods or Services from Colour Cult.
“Goods” mean all or any goods sold and/or delivered by Colour Cult to the customer.
“Services” mean all or any services provided by Colour Cult to the Customer
“Order” means the order placed by the Customer being an offer to purchase Goods or Services from Colour Cult to be supplied or undertaken in an agreed timely manner.
Related Bodies Corporate and Subsidiaries have the same meaning as in the Corporations Act 2001 (Cth).
“Terms” means these terms and conditions of sale.
“Project Brief” means the outline of a particular project by Colour Cult to the Customer and the varied terms and processes required to complete such project.
“We”, “Us”, “Our”, “The Designer” shall mean Colour Cult, its successors and assigns or any person acting on behalf of and with the authority of Colour Cult.
“You” shall mean the Client (or any person acting on behalf of and with the authority of the Client).
BASIC RATES, ESTIMATES & ACCEPTANCE
Any instructions received by Color Cult from the Client for the commencement of a Project Brief shall constitute acceptance of the terms and conditions contained herein.
Where specified, capped or fixed rates apply to artwork and are outlined in our prospectus. The prospectus outlines design fees only – printing costs are to be quoted separately, except for where clearly stated otherwise. These fixed fees apply to the current job in progress only. All prices are quoted in Australian Dollars and are subject to GST where applicable. Colour Cult reserves the right to change pricing without notice. Quotes are provided at our discretion and are valid for 30 days from the date provided. If a quotation is not accepted and actioned by the client within this timeframe it is subject to re-evaluation.
Colour Cult will begin work when an estimate has been issued and approved by the client by way of a signed project agreement and for all projects over $300, a payment of a minimum 50% deposit.
Approved clients requiring long term or ongoing design work may be automatically placed on non-estimate terms, which will allow the Client to forfeit the estimating, project agreement and deposit phase. This is at the discretion of Colour Cult and such clients remain bound by these terms and conditions. Colour Cult has the right to alter any non-estimate terms at any stage during a project.
We reserve the right to change the price in the event of a variation to our quotation. Any variation from the original scope of the project will be charged for on the basis of our quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion. All work carried out whether experimentally or otherwise at your request will also be invoiced and unless otherwise agreed, the client shall bear the cost of fonts, colour proofs, photography, artwork specially purchased or produced, website themes and plugins at your request. Contingency charges may also include express fees for jobs with short deadlines. These are charged at the Colour Cult’s discretion.
Once accepted, our written quotation shall be deemed to interpret correctly your instructions, whether written or verbal. Where verbal instructions only are received, we cannot be held responsible for errors or omissions due to oversight or misinterpretation of those instructions.
BILLING & PAYMENT
Prior to work on a project commencing, a non-refundable deposit of 50% of the total quoted price is required, with the balance payable prior to delivery of final artwork or commitment of files to our subcontracted printers (with the exception of clients on other trading terms as agreed to in writing).
Time for payment for the project shall be of the essence and will be stated on the invoice. Payment may be made by cash, cheque, credit card (plus a surcharge of up to three and a half percent (3.5%) of the price for Visa and Mastercard), direct deposit, or by direct debit instalments is also acceptable at Colour Cult’s discretion.
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month, compounded monthly.
In the event that your payment is dishonoured for any reason, you shall be liable for any dishonour fees incurred by Colour Cult.
If the client defaults in payment of any invoice when due, Colour Cult reserves the right to implement the action of third party debt collection. If debt collection is required for outstanding amounts, the client is responsible for any costs incurred.
Should a client be flagged as a bad debtor, we reserve the right to refuse acceptance of any future projects and may take legal action for any unauthorised use of our intellectual property. We will not be liable for any loss or damage you may suffer as a result of Colour Cult exercising this right.
If for any reason, you are finding it difficult to meet your obligations with regard to payment, please contact us as soon as these issues come to light, so that we may discuss a suitable solution and avoid additional charges being applied to your account.
CANCELLATION & HOLD
Should a project be terminated after artwork has commenced, any billable hours spent on the job must be paid for in full. Colour Cult will invoice immediately for all remaining hours exceeding any deposit paid. Fees may apply at Colour Cult’s discretion.
Should a client fail to make contact within a thirty (30) day timeframe after a project has been commenced and/or reached proofing stage, Colour Cult reserves the right to stop work and classify the project as “on hold”. We will issue an “on hold” invoice with the understanding that the client is being invoiced only for work completed to date (beyond any deposit paid), and the Client is welcome to recommence the project at any time dependant on Colour Cult’s scheduling.
Colour Cult reserves the right to utilise incomplete designs for other projects if necessary. Unused design concepts remain the property of Colour Cult and may be used at any time ensuring not to breach copyright of your project.
Work will not begin on any new projects until all outstanding accounts are settled in full.
While we endeavour to complete 100% of projects undertaken in time to meet a client’s deadline (specified clearly at the time of booking), any delay in the completion of the project due to actions or negligence of the client, including unreasonable time allowances for alterations outside of the Project Brief and also actions such as unusual transportation delays, unforeseen illness, or external forces beyond the control of Colour Cult including but not limited to war, strikes, lockouts, acts of God, industrial disputes or unrest, government restrictions, fire, power outages, internet service interruptions, failure attributable to suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism, shall entitle Colour Cult to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
Colour Cult will provide initial artwork concepts to the client, only after the client has supplied all copy and imagery required for the project. We aim to do this within seven (7) working days. Subsequent revisions to these concepts will be presented to the client within 3-4 working days upon receipt of their written feedback. During peak periods when the studio is working at capacity, these timeframes may be extended at the discretion of the Colour Cult and clients will be advised should this scenario arise.
All proofs and design concepts will be forwarded to the client via email (Dropbox for larger files).
Our telephone contact hours are strictly 10.00am – 4.00pm Monday – Friday except Tuesday(s). Email contact may be initiated outside of these times at the Colour Cult’s discretion.
APPROVAL OF ARTWORK / PRINT & COLOUR VARIATION
While Colour Cult takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production on any medium.
With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at the expense of Colour Cult.
The Client is to proof-read and approve all final copy artwork before the release of digital, or the production of hard copy artwork. The email verification of the client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation.
No refunds or reprints will be granted after a final approved design has gone to print due to oversights by the client’s proof-reading. By approving artwork, the client enters a contract stating they agree to these terms and conditions.
It is preferred that any images required to complete the project be supplied by the client. Should you wish for Colour Cult to source suitable imagery for a project, stock photography will be utilised for this purpose. Any such images used by Colour Cult will require licence rights to be purchased by the client and any time taken to source images by Colour Cult will be charged accordingly.
The Client warrants that all designs or instructions to Colour Cult will not cause Colour Cult to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Colour Cult against any action taken by a third party against Colour Cult in respect of any such infringement.
Any images supplied by the client must be provided in high resolution, preferably CMYK. We are not responsible for colour variations in conversion from RGB to process CMYK. Colour Cult is not responsible for the reproduction quality of supplied images. Whilst all care is taken, Colour Cult does not take responsibility for client supplied artwork that does not print properly, nor for printing errors using the client’s chosen printer, unsupervised by Colour Cult.
The client assumes full copyright and reproduction rights of final artwork only upon full payment of a completed project. All source, native or master files remain the property of Colour Cult and will not be distributed without prior approval from Colour Cult and only under certain circumstances. Additional charges may apply. Hand drawn artwork master files will always remain the property of Colour Cult and individual elements as a small part of the entire project may be used more than once for multiple projects from time to time when necessary at Colour Cult’s discretion. Colour Cult will ensure not to breach copyright infringement to do such actions.
Colour Cult makes every effort to produce original artwork. If, however, we create artwork for you which inadvertently infringes on any existing trademarked artwork, Colour Cult’s liability is limited only to a refund of the paid amount by the client.
Colour Cult retains personal rights to use completed projects and concept artwork for the purpose of marketing Colour Cult. All images displayed on the Colour Cult’s website or Social Media pages are subject to copyright, and must not be copied or used without full permission from Colour Cult and the Client.
Any breach of copyright will result in swift legal action being taken as necessary.
Colour Cult reserves the right to display a small text link to our own website at the bottom of the client’s website.
While we endeavour to ensure all websites run free of errors, we cannot to be held liable for any losses incurred due to any malfunction within the website or its code.
While Colour Cult makes every effort to design responsive websites that display acceptably in popular current browsers and devices, we cannot accept responsibility for pages which may not display correctly in versions of browsers released after the site is sent live or devices that run on multiple screen sizes.
In the case where the client is provided login details to administer the website (CMS), the client is responsible for any problems that may occur due to misconfiguration. If Colour Cult is required to solve the misconfiguration issue/s, additional fees will apply and charges will be at determined in line with the work required.
Colour Cult cannot be held liable for:
(1) Loss or damage caused by inaccuracy, delay or error.
(2) Loss or damage to client’s artwork/photos contained within the site.
(3) Loss or damage caused by any decision, refusal or positioning results made by any search engine or directory service.
(4) Loss or damage due to downtime of any servers.
CHANGES TO PLATFORMS
Colour Cult has no control over and accepts no responsibility for changes to procedures and layouts by third party websites or suppliers. We accept no responsibility for any issues that may arise due to such changes in relation to the use or application of artwork created by us. Should artwork changes be required due to third party changes, alteration fees will apply.
CUSTOMER SATISFACTION GUARANTEE
If you are not satisfied with your project at completion we will work with you in a fair manner at Colour Cult’s discretion until you are. Due to scheduling (especially in peak times), amendments to your project can be delayed slightly at Colour Cult’s discretion.
This is how it works:
(1) You give us the brief for your design requirements based on our questions/discussions/consultations/correspondence.
(2) We then produce a concept/s based on this.
(3) We work with you to refine your concept during a number of “set revisions” which is selected by you prior to the project commencing. This applies to new projects only and is not available with templates of any kind. We follow through this process until you are happy. If you require more revisions than originally agreed upon, fees will apply at Colour Cult’s discretion.
Please note there are clauses that apply to the Custom Satisfaction Guarantee.
(1) If you’ve already confirmed acceptance of or approved a design, this represents acceptance of the final project, serving as an implicit statement of your satisfaction.
(2) If your project scope changes you will be quoted and charged as if it were a new, separate job.
(3) If the company or business for who the design was performed should close, alter its trading name or undergo any other changes rendering the current design invalid, the guarantee becomes void.
(4) You must advise us within seven (7) working days from the date on your proof of any alterations required in order for them to fall under the guarantee.
Any information provided to Colour Cult via our website will be used solely for our own marketing, portfolio and promotional purposes. It will not be sold to any third party.
ALL RIGHTS RESERVED
Colour Cult reserves the right to alter these terms and conditions at any time, and will endeavour to advise all clients of any changes on implementation.
Graphic design, strategy, photography, illustration, web design and marketing are all highly creative and subjective art forms. As such, Colour Cult takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Colour Cult cannot be held responsible for variations between expectation and outcome.
The failure by Colour Cult to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Colour Cult’s right to subsequently enforce that provision.