Please read the following terms and conditions carefully, as they set out our and your legal rights and obligations as by accepting any quotation provided. Upon hiring Katie Gannon Digital Media, it is deemed that the client has read and agreed to the terms and conditions as outlined below.
DEFINITIONS & INTERPRETATION
- ‘Katie Gannon Digital Media’ or ‘Katie Gannon’ means Katie Gannon trading as ‘Katie Gannon’
- ‘Client’ means a person/s or company who engages Katie Gannon Digital Media for design and related services
- ‘Quotation’ or ‘Estimate’ means the design quotation provided to the client in writing by Katie Gannon Digital Media
- ‘Project’ means the scope and purpose of the client’s identified usage of the work product as described in the quotation
- ‘Service’ and ‘services’ means the service/s and to be provided to the client by Katie Gannon Digital Media, as described and otherwise further defined in the quotation
- ‘Deliverables’ means the end product/s to be delivered by Katie Gannon Digital Media to the client, in the form and media specified in the quotation
QUOTATION/ESTIMATES
All Quotations/Estimates are provided by Katie Gannon Digital Media free of charge and are valid for 30 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All quoted are priced in Australian Dollars. Additional work which is outside the original scope and not provided for in the original quotation, is charged at an additional hourly rate of $80 to $120 per hour ex. GST dependent on the particulars of the project.
INVOICES & PAYMENT
An invoice will be issued to the client for all work to be completed by Katie Gannon Digital Media. All invoices are payable within 7 calendar days of date of issue, unless otherwise agreed. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 7 calendar days of date of issue.
COMMUNICATION
All communication on a project must be provided to Katie Gannon in writing via email. Verbal communication/instructions via phone will not be recorded, and it is understood that the client assumes and accepts liability for any miscommunication errors as a result of verbal instructions. These errors will be fixed at the cost of the client and charged at an hourly rate of $80 per hour.
CONSULTATIONS/MEETINGS
As of Jan 1st 2017, on-site consultations are charged at $120 per hour ex. GST unless otherwise specified. Travel time and associated costs for on-site consultations may also be calculated as an additional cost.
CONFIDENTIALITY
Katie Gannon Digital Media and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information, shall not disclose confidential Information to any third party, and shall not use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
DEADLINES
Every effort possible is made by Katie Gannon to meet required deadlines. Additional charges may apply if Katie Gannon is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify Katie Gannon of deadlines prior to the commencement of the project. Katie Gannon will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond Katie Gannon’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of art must also be provided to Katie Gannon Digital Media in writing before any work is released – verbal approvals cannot be accepted.
PROOFS
All concepts presented by Katie Gannon Digital Media are created to the very best of Katie Gannon Digital Media’s ability and knowledge. The client must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.
REVISIONS
Any and all corrections, changes or amendments to a project must be provided to Katie Gannon in writing via email. Each quotation allows the client two rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $80 per hour. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date.
ERRORS & OMISSIONS
Whilst all care is taken by Katie Gannon in producing proofs and final art, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of art is provided to Katie Gannon in writing – verbal approvals cannot be accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. Katie Gannon Digital Media cannot issue credit or refunds.
OFFSET & DIGITAL PRINTING
Files provided by the client to Katie Gannon Digital Media for use in high quality print reproduction, must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where Katie Gannon Digital Media is required to manipulate and convert client supplied files, to ensure they are press-ready. Katie Gannon Digital Media thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, colour and stock. The client accepts that Katie Gannon is not responsible for any client supplied images that do not print as expected. Katie Gannon Digital Media supplies files to print companies and other third parties for high quality reproduction, at a minimum of 300dpi at actual size, or as high resolution PDF’s, and as per their required specifications.
Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project, and that Katie Gannon Digital Media is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost, prices are available upon request. Katie Gannon will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The client accepts that Katie Gannon Digital Media is not responsible for any print inaccuracies that may arise.
FILE FORMATS
Katie Gannon Digital Media does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request. Upon project completion, Katie Gannon Digital Media securely backs up and stores all associated files. Should the client request the supply of any files more than 30 days after project completion, a small retrieval fee may be incurred. Artwork and files required to be saved on a zip drive and posted to client incur a fee of $60 per drive, to cover time and consumables.
COPYRIGHT
Katie Gannon Digital Media cannot use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. Katie Gannon can source professional stock photography as required. Professional stock photography that is no accounted for in the initial quotation attracts an additional cost which is payable by the client.
INCOMPLETE & CANCELLED PROJECTS
The client, within 14 calendar days of receipt of each proof, shall notify Katie Gannon Digital Media of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact Katie Gannon Digital Media within 14 calendar days of receipt of proof/s, and notify Katie Gannon Digital Media of any corrections, changes or amendments, or of final proof approval, Katie Gannon Digital Media reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, Katie Gannon Digital Media will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
THIRD PARTY COSTS
Quotation pricing includes Katie Gannon Digital Media’s fees only. Any and all third party costs will be invoiced to the client, unless specifically otherwise provided for in the quotation. Such outside costs include, but are not limited to, postage and packaging, freight and shipping, courier fees, high resolution proofs from chosen offset printer, offset printing, digital printing, photocopies, artwork burnt to disk, sub-contractor’s costs and fees, stock photography, photography and or artwork licenses, online access or hosting fees, parking fees, tolls, taxi fares and public transportation fares.
LIABILITY
Katie Gannon’s liability to the client under or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited as follows:
(a) Katie Gannon will not be liable for any: (i) loss of profits, income or anticipated savings, (ii) loss or corruption of any data, database or software, (iii) reputational damage or damage to goodwill; (iv) loss of any commercial opportunity, or (v) indirect, special or consequential loss or damage;
(b) neither party will be liable for any losses arising out of a Force Majeure Event
PROMOTION
Katie Gannon Digital Media retains the right to publish and display any client projects in Katie Gannon Digital Media’s portfolio, website, design periodicals, and other media or exhibits.