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These Terms and Conditions will apply to all products and services provided by Andrew Kearns trading as Graffects (“Graffects”).
By seeking a proposal or requesting Graffects provide any product or services will be provided you agree to be bound by these Terms and Conditions.
Graffects may amend these Terms and Conditions from time by time. All references to the Terms and Conditions relates to the most current version of the Terms and Conditions available on Graffect's website, www.graffects.co.nz.
Project Acceptance
In response to your request that Graffects provide certain services and/or products (a “Project”), Graffects may provide you with a written estimate or quotation for that Project.
A copy of the written estimate is to be signed and dated by you to indicate acceptance and should be returned to Graffects. Alternatively, you may send an official order in reply to the estimate. No work on a Project will commence until either document has been received by Graffects.
Charges
Charges for each Project to be undertaken by Graffects, will be set out in the written estimate provided to you. If Graffects requires a deposit, work on the Project will not commence until Graffects has received this amount.
Charges for Other Services
Where you request additional products or services beyond the scope of the original Project estimate, Graffects will provide a further estimate for the additional products or services. If you accept this further estimate, charges for the additional products or services must be paid in full at the time of estimate or quotation acceptance.
Approval
On completion of the Project, you will be asked to sign and return to Graffects a form approving the results of the Project (“Approval Form”). If you do not sign and return the Approval Form or advise Graffects that you do not accept the results of the Project within 5 days, you will be deemed to have approved the results and to have signed the Approval Form.
If you do not accept the results of the Project you must advise Graffects in writing within 5 days providing reasons. Graffects will have the opportunity to undertake further work and resubmit the work for approval.
Payment
On actual or deemed receipt of an Approval Form, Graffects will issue an invoice for all amounts outstanding in relation to the Project..
You must make payment on all invoices within 30 days of the date of invoice.
Payments may be made by cash, cheque or (for overseas customers), US International Money Order or previously agreed electronic funds transfer.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount compounded daily until payment is received. You will meet all legal expenses and third party collection costs incurred by Graffects in enforcing these Terms and Conditions.
You must pay Graffects an additional fee of $50 per returned cheque. Graffects reserves the right to consider an account to be in default in the event of a returned cheque.
Graffects retains all rights in relation to any product or the result of any Project until all amounts payable by you to Graffects have been received by Graffects in cleared funds. Without limiting such rights, Graffects may remove any such product or result from any computer, network, website, sub-contractor, printer, photographer, library or any other agency. Such removal does not relieve you of your payment obligation.
Intellectual Property
By supplying text, images, data or any other work or mark to Graffects for use in the Project or inclusion in any product, you warrant that you hold all necessary rights in relation to that work or mark and that Graffects use of that work or mark will not infringe any third party rights. You will indemnify and hold Graffects harmless from harm, cost or liability arising from a breach of this warranty. The ownership of such work or mark will remain with you or your licensor.
Other than rights in the work or mark provided by you under the above paragraph, all rights in any copyright work, design, trade mark, know how or confidential information (“IP Rights”) created in Graffects performance of a Project, will remain the property of Graffects and/or it's suppliers.
Subject to meeting your obligations under these Terms and Conditions, Graffects will license it's IP Rights in an agreed work, design or product set out in the applicable Approval Form for the sole purpose agreed in relation to that Project. You may not modify, re-use, or re-distribute such IP Rights in any way or form without the express written consent of Graffects.
Where Graffects provides multiple options for a design, work or product, the above licence only applies to the chosen design or work set out in the Approval Form and no licence is granted in relation to any other design or work.
Graffects is not responsible in anyway for the registration of any IP Right.
Data Formats
You must supply text in electronic format as standard text (.txt), MS Word (.doc), on CD-ROM, or via e-mail.
Images you supply in an electronic format must be provided via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Graffects will not be held responsible for any image quality which you later deem to be unacceptable. Graffects cannot be held responsible for the quality of any images which you wish to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Project Duration
Any indication given by Graffects of a project's duration is an estimate only. Graffects cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be the date that cleared funds are received by Graffects for the initial payment if a deposit is required or otherwise the date confirmed in writing by Graffects.
Design Project Completion
Graffects considers the design project complete upon receipt of the customer's signed Approval Form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc, contracted on your behalf, constitute a separate project and can be treated as a separate charge.
Design Credits
Graffects can place a small credit on printed material exhibition displays, advertisements and/or a link to Graffects own website on your website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
Graffects can place websites and other designs, along with a link to your site on Graffects own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Graffects will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Graffects also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Graffects does include in all good faith, and then finds out that it contravenes these Terms and Conditions, you must allow Graffects to remove the contravention without hindrance, or penalty. Graffects is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Graffects will need formal notification in writing to the company's postal address. You will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Graffects within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Graffects makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Graffects will not be held responsible for any and all damages resulting from products and/or services it supplies. Graffects is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. Graffects will not be responsible for any such loss or damage suffered by you. Any claim against Graffects shall be limited to the relevant fee(s) paid by you.
Graffects reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Graffects will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Graffects and you agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Graffects recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General
No failure or delay by Graffects to exercise any right or remedy under these Terms and Conditions will be treated as a waiver of such right or remedy. These Terms and Conditions are governed by the laws of New Zealand.
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