Terms & Conditions
Thanks for taking a look at the Copper & Zinc Design’s terms and conditions. In order to have a business relationship with trust, clear communication, and great outcomes, we both need to understand our roles, responsibilities, and obligations to each other.
PLEASE NOTE: By indicating you want to work with us and paying your deposit/first invoice, you are also stating that you’ve taken the time to read and agree to the terms and conditions of our working arrangement. Please make sure you do!
1. General Conditions of Contract
1.1 These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, websites, brand identity, illustrations, images, and photography (Artwork).
1.2 These Terms and Conditions are subject to change without notification by the Company.
1.3 These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
2. Briefing Process
2.1. The Company (that’s us) and the Client (that’s you) will attend an initial consultation, either via phone, Zoom, or in person at no charge to the Client. A brief will be constructed through a branding questionnaire (to be completed by the Client), the collection of existing logos and designs, and any other visuals the client has. This will assist in the evaluation and formulation of the Client’s business design requirements.
2.2. If no delivery date for final Artwork is decided upon during the initial consultation, payment will be required at the time/s detailed in clause (4.1); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.
2.3. The Company allows for two rounds of revisions to all Artwork under the original brief.
2.4. Any additional work, revisions, or variations outside of the original Visual Brief will be charged at the rate of $100 per hour, billed in 15-minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
3.1 Quotations are generated by the Company on the basis of the initial brief and expected time investment. Quotations may be subject to change if additional work is required.
3.2 All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.
4.1. The Company requires a 50% deposit from the Client prior to starting work on their project or artwork. A deposit invoice will be generated and delivered to the 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.
4.2 If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
4.3. The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of printing or final artwork being provided to the Client. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
4.4 The Company reserves the right to invoice prior to the time detailed in clause (4.1) if the Client has been uncontactable/ unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (5).
4.5 The Company reserves the right to invoice for work completed if the project exceeds 60 days.
4.6 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 by both parties in writing.
4.7 All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.
4.8 All payments are to be made within 14 days of invoicing.
5. Cancellations and Variations
5.1. 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 30 days.
5.2 The Company reserves the right to delete web sites created by them, or web content with accounts more than 90 days outstanding payment.
5.3. 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 (2.1).
5.4 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.
- 5.4.1 If the determined monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference.
5.5 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.
6. Approval of Proofs/Designs/Printing
6.1 The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images, and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
- 6.1.1 the Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size, and type. You shall indemnify the Company, its directors, and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to the provision of Materials, use of Services by you or anyone else, or otherwise arising.
- 6.1.2 With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
7. Limitation of Liability
7.1. The Client agrees and accepts that the Company is not legally responsible for any loss or damage suffered or incurred related to use of any of the Company’s services, whether from amendments, errors, or omissions in documents, designs, information, or any goods or services offered by the Company. This includes the Client’s use or reliance on any third party content, links, comments, or advertisements. The Clients use of, or reliance on, any information or materials the Company produces, amends or designs is entirely at your own risk, for which we shall not be liable.
7.2. It shall be the Clients own responsibility to ensure that any products, services or information they use meet their specific requirements.
7.3. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of the Company for any such inaccuracies or errors to the fullest extent permitted by law.
7.4 The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
8. Submission of Client Artwork
8.1. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.
8.2 Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
8.3 It is the Client’s responsibility to ensure that any Artwork, images, files, and text submitted does not violate Australian copyright laws. The Company and its contractors assume all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
9.1 Ownership of copyright over all concepts and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
9.2 For more information visit http://www.copyright.org.au
9.3 Artwork designed will remain the property of the Company until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. Upon full payment of the account, copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
9.4 The Company does not take any responsibility for Trademarking of any kind. It is the Client’s responsibility to check trademarking laws and existing Trademarks for availability.
10. Native Files & Archiving Files
10.1 If the Client requests native design files (InDesign, Illustrator, or Photoshop files) an additional fee of no less than $200 will be charged. Final amount charged will be at the discretion of the Company.
10.2 Copper & Zinc Design will keep native design files for a period of two years from the date of completion of each job. The client can request final artwork files (PDF, jpg, or png) to be resupplied at no charge during this time.
11.1 The Client agrees to allow the Company to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.
11.2 The Client also agrees to allow the Company to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.
11.3 Upon completion of a website build, the Company will provide the Client with the opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).
11.4 Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
11.5 The Company can be notified of any minor requested changes by email. If no notification of changes is received in writing from the Client within 14 days of the start of the review period, the Company will consider that the Client has accepted the original draft.
SEO Search Engine Optimisation & Search Engine Listings
11.6 The Company builds web sites according to the trends of SEO at the time of building. We will help you to explore your keywords/keyphrases; however final key phrase choice is the responsibility of the Client. The Company recommends the client engage an SEO specialist after web build is complete.
11.7 The Company cannot guarantee and is indemnified by the Client against any claims regarding the following: the presence of Google or search engine listing, the position of a website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of keywords/key phrases.
11.8 If the Client is dissatisfied with web site listings, the Client should engage an SEO specialist.
11.9 Relating to clause (8), the Company takes no responsibility for duplicate content found on the Clients website or if the website is search engine blacklisted due to the written content or images of their site.
11.10 The Company does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Emails errors of any kind and Email Signatures.
11.11 The Client is to refer to hosting and domain name providers for queries regarding the following services listed in point 11.10.
11.12 The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures
11.13 The Company holds no responsibility if your email addresses are targeted with spam as it is outside of our control. The Company holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.
11.14 The Company builds and designs websites to the best of their knowledge at the time of completion. The Company cannot take responsibility if the Client’s site is “hacked” or maliciously attacked in form. The company will not be held responsible and is not liable for any loss of income arising from the client’s website “going down”, being hacked or otherwise. The Company does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Company does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.
11.15 The Client agrees, to the extent permitted by law, the Company, its directors and employees hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity;
(b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end-user in connection with Services, or use of Services; and
(c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to the provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.
Content Management Systems (CMS)
11.16 CMS Content Management Systems websites are delivered in agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to The Company are the responsibility of the site owner.
11.17 Web sites are built using the latest software available at the time. All website terms and conditions also apply to CMS.
11.18 The Company does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibility of The Company.
11.19 The Company does not hold any responsibility for the misuse of the CMS or website.
11.20 The Company does not back up web site content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their web site.
12. Force Majeure
12.1 The Company shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, pandemics, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.