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NYTCO CREATIVE | GOLD COAST GRAPHIC DESIGN TERMS & CONDITIONS IT IS VITAL THAT YOU READ OUR T&C

GENERAL CONTRACT
Our Terms and Conditions cover all contracts entered into by all individuals, businesses or companies with Nytco Creative, for services relating to design, copywriting, printing, websites, visual media, brand identity, illustrations, photography and images.

These Terms and Conditions apply to all aspects of Nytco Creative, including all of its contractors, subcontractors and employees. Nytco Creative reserve the right to amend these Terms and Conditions without notification.


QUOTATIONS
Quotations are generated by taking into account the initial visual brief and expected time investment. Quotations are subject to change if the brief is altered or additional work is required.

All quotations are an estimate and may be exceeded. A client will always be notified in advance about an exceeded quote and steps will be taken to either keep within the quoted estimate or, if this is not capable, a revised estimate will be given.

No quoted artwork delivery dates are guaranteed and can vary.


PACKAGE CONTRACT
On initial consultation (phone/in person) a visual brief will be created and examined. A 50% commencement payment (disregarding any printing) is required before any designs/services are conducted. The project will not commence until this commencement payment is received. The remaining 50% of the total price (plus total printing costs) will be due upon completion of the work, prior to release of copyright and designs.

Nytco Creative does not offer a set number of revisions to logo designs and will not charge for additional revisions to the logo in the case of a Package Contract. However, the Client’s revisions must conform to the original visual brief. If the original brief is altered or ‘changed’, while project is undergoing, an additional artwork fee will occur. Any additional revisions/variations etc. that are requested after the package is completed will be charged at the rate of $100 per hour, billed in 15 minute increments. All prices exclude GST.

Any projects, which fall outside/are not included in our packages will be charged for separately to the total package price, unless agreed on by both parties in writing.


HOURLY RATE CONTRACT
On initial consultation (phone/in person) a visual brief will be created and examined. At the time, Nytco Creative, will present the customer with a written estimate or quotation.

Unless agreed otherwise by both parties, hourly rate services require an advance payment of 50% or 1 hour of the project quotation. The outstanding 50% or remaining hourly of the total quotation price (plus total printing costs) will be due upon completion of the work, prior to release of copyright and designs.


PAYMENT TERMS
All projects require a deposit prior to starting work, unless agreed on by Nytco Creative. An invoice will be generated and provided to the Client for payment. By remitting the deposit funds to Nytco Creative, the Client is accepting the full Terms and Conditions and acknowledges that they are entering a binding contract. If deposit is not requested, and agreed upon by Nytco Creative, the Client accepts the Terms and Conditions when requesting services/work.

Nytco Creative will invoice the Client for the remaining 50%, outstanding hourly rate, or any artwork/services prior to website construction, printing, or release of copyright/files. We reserve the right to hold off on these services until full payment is received.

If the Client has been uncontactable/unresponsive for more than 30 days, Nytco Creative reserve the right to invoice for any outstanding services/work. We may accept a payment plan at its discretion. All payment plans must be agreed to by both parties in writing and must be placed on a weekly scheduled direct debit.

All prices outlined/quoted on Nytco Creative’s website and advertising include delivery and exclude GST unless stated otherwise.

All payments are to be made in full within 14 days of invoice date. If an account is outstanding by more than 90 days, Nytco Creative reserve the right to remove the website until full payment is received.


CANCELLATION AND VARIATION POLICY
If an original brief is altered or ‘changed’, or the Client requests amendments, an additional artwork fee will occur. Nytco Creative reserves the right to charge additional costs if instances like this occur. Any further artwork requested will be charged at the rate of $100 per hour, billed in 15 minute increments. All prices exclude GST.

If, for any reason, a Client requests the cancellation of a contract with Nytco Creative, we will determine the cost of designs and services completed. The Client will be invoiced for the amount owing on any completed work, minus any deposits paid on the project to date. If the determined amount owing is less that the deposit paid, a refund will be issued for the difference.

If no response is received form the Client within 30 days of providing concept/completed artwork, Nytco Creative will declare the project completed. An invoice will be sent to the Client for payment to the amount of designs and services completed. Non-payment will result in collection processes. Legal action may also be taken by Nytco Creative to recover any outstanding payments.


APPROVING PROOFS/DESIGNS/PRINTING
It is the Client’s full responsibility to approve all artwork files and ensure accuracy. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is a Client’s responsibility to request another proof if the one provided is difficult to read or needs changes. Client’s are notified to print the proof at final size (100%) to confirm colours, design, size and legibility.

The Client’s accepted artwork proof will be submitted for printing or website construction. No reprints will be issued, or website development at Nytco Creative’s expense.


SUBMISSION OF CLIENT ARTWORK
A client is solely responsible for the end result in printing for any files/images/artwork they submit to Nytco Creative. Clients are informed to submit print-ready artwork to specific specifications. If the specific specifications are not met, additional costs will occur to correct the file for printing. Nytco Creative is not responsible for any artwork mistakes, nor liable for supplied file errors. As a result no reprints will be conducted at the companies expense. Due to printing processes, the trimming of the artwork may vary in position – up to 2-3mm. The client will be notified of this and Nytco Creative holds no responsibility for the position of the trimming.

It is the Client’s responsibility to ensure that their artwork, images, files and text submitted to Nytco Creative does not violate any Australian copyright laws. Nytco Creative, and it’s contractors, assume all written/visual content abides by these laws and correct permission has been given, or royalties paid, to use them.


COPYRIGHT
Nytco Creative holds all ownership of copyright on all concepts/preliminary artwork. This includes, but is not limited to; logos, symbols, compositions and copy. A client is prohibited to use any of these files without written consent from Nytco Creative. The use of Artwork prior to payment is illegal. Nytco Creative reserve the right to re-use any un-used concepts/preliminary artwork.

Final artwork will remain the property of Nytco Creative until the account is paid in full. Once the account is paid in full, copyright ownership will be transferred to the client.

Nytco Creative, and it’s designers, reserve the right to utilize any Client’s artwork for portfolio use or self-promotion.


PRINTING AND DELIVERY
Printing will not commence until full payment for completed work and printing (if requested) is received. Turnaround time for printing will depend on the project, however, will usually consist of 5-10 working days, commencing at the time of approval and payment.

Due to price varying over periods of time by printers, quoted printing costs are not guaranteed and may vary depending on time frame.

Due to the printing process there may be some colour variations from what the Client may see on their screen, or printed at home. This is something out of Nytco Creative's control. There will be no re-prints at the companies expense due to colour variations.

Nytco Creative cannot be held liable for printing jobs that are damaged, lost or delayed during post or courier.


WEBSITE DESIGN
Once the final proof is provided to the Client, and the Client approves such proof, the website will be built. If changes are requested, to the overall design/framework of the website, after Nytco Creative have commenced building, an additional fee will occur.

Once a website is constructed, Nytco Creative will provide the Client with the opportunity to preview the work. One set of minor changes is given, at no extra cost, once the website is constructed. This must be requested within 14 days of first preview. These minor changes will consist of small textural changes and small adjustments to item placements. Replacement of images, colour schemes or navigation is not included in these minor changes and will occur a fee if requested.

If no notification of changes is received in writing within 30 days, Nytco Creative will consider that the Client has accepted the original submission of preview and will close the job.

In entering in to a contract with Nytco Creative, the Client agrees to allow us to add a small credit on their website in the form of a small text link in the footer.


SEO SEARCH ENGINE OPTIMISATION AND SEARCH ENGINE LISTINGS
Nytco Creative strives to build websites according to the current trends in SEO, if requested by the client or included in a package. We help research key phrases, which might suit the Client’s business, however, final key phrase choices is the sole responsibility of the Client.

Nytco Creative cannot guarantee, and is indemnified by the Client, against any claims regarding the position of the website in Google’s listing, showing up in Google search engines and the time it takes for the key phrase to take effect. If the Client is dissatisfied with their website listing, the Client is advised to take other means, like Google Ad-words, to boost their website.

Nytco Creative take no responsibility for duplicate content or if the website is search engine black listed.


WEBSITE TECHNOLOGY CONTRACT
Nytco Creative is not a hosting specialist. The Client is to refer to hosting and domain providers for questions regarding domain names, hosting, SSL certificates and email addresses.

Nytco Creative is not competent in technical support of any kind. For problems and enquiries regarding installation of emails, emails regarded as spam and emails not functioning, the Client is to refer to their technical support company. It is outside Nytco Creative's control if the Client’s email addresses are targeted with spam, or used to send spam/malicious material, and Nytco Creative hold no responsibility for this.

Nytco Creative's website designs and construction are completed to the best of the companies knowledge. Nytco Creative cannot take any responsibility if the Client’s site is ‘hacked’, or if unforeseen advancements in technology occur, which may have negative effects on the site or system. The company also does not undertake any software updates for the Client’s website.

To extent permitted by law, Nytco Creative, 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
(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 Nytco Creative, 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 provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.


CMS CONTENT MANAGEMENT SYSTEMS
All Nytco Creative's website designs, seo and technology terms and conditions also apply to CMS (Content Management System) webites.

When the CMS websites are signed off, the Client agrees that their website is in good working order. Nytco Creative is not responsible to changes made to the CMS system by the Client or a Third Party and also do not hold any responsibility for misuse of the CMS or website. If changes are requested to the CMS after sign off, a fee will apply to make the changes.

Nytco Creative is not held liable for any content or duplicative content on a Client’s website, do not back up any content and are not responsible for partial or complete loss of data. It is the sole responsibility of the client to back up their site.

Due to the ever-growing advancement in technology Nytco Creative are not responsible for any repercussions due to this, whether it be the CMS or server/hosting.

If you have any questions in regarding to these Gold Coast Graphic Design Terms and Condtions, please contact Nytco Creative.






It is vital that, as a Client, you read through our Gold Coast Graphic Design Terms & Conditions thoroughly and make sure you understand them before commencing any work with Nytco Creative. If you are unsure about anything in our conditions, in any way, please contact us before starting work.

By commencing work with Nytco Creative you agree, in full, to our Terms & Conditions and acknowledge that you are bound by this contract. Please also be aware that payment is required for any designs/services completed.




 
   
© Nytco Creative | Gold Coast Graphic Design Specialists | Terms and Conditions