Terms & Conditions
Prepare yourself for an electrifying plunge into the captivating universe of legal jargon. If you like watching paint dry or grass grow this page is for you. Happy reading!
- Quotes are based on the original brief provided by the client and project overview outlined in the costings. If the project varies from the original brief, additional costs will be incurred and agreed in a written variation of the Quote.
- Subject to the terms of the Quote and Clause 7, all work will be invoiced in full upon completion of the project unless previously agreed otherwise.
- Standard Quotes include three (3) minor sets of author’s corrections, unless specified otherwise. Additional client author’s corrections and/or variations will attract additional fees and will be charged at the hourly rate specified in the Quote. Where alterations are required because of incorrect work by Bright Yellow, no charges will be made for the changes. Where changes of a subjective nature are requested, and the work is deemed to be of a proper and correct standard, then a charge will be levied for the time taken to respond to those changes.
- Our fees include an allowance for attendance at a certain number of meetings/conferences, as specified in the Quote. All further attendances at meetings/conferences will be charged for separately at the hourly rate set out in the Quote.
- If Bright Yellow are contracted to provide services for a project, and the client terminates the project, Bright Yellow shall apply a charge equal to the value of the work done to the date of cancellation plus 10%. Bright Yellow reserves the right to withdraw its professional services at any stage and will not be liable for any loss or damage (including consequential loss or damage) arising directly or indirectly from such cancellation.
- Subject to the terms of the Quote, payment of accounts must be made within seven (7) days of invoice. All material remains the property of Bright Yellow until payment is received in full, including all out-of-pocket expenses of any kind.
- Out-of-pocket costs. Subject to the terms of the Quote, all out-of-pocket costs incurred by Bright Yellow will be paid for as follows:
- Incidental office expenses will appear as disbursements on the final account. These include the costs of handling source material, digital scanning, international phone calls, printing, postage and/or couriers.
- Major out-of-pocket expenses include amounts payable to Bright Yellow’s suppliers for work done on the project. Bright Yellow will forward to the client an invoice covering such expenses as and when incurred during the project. The client will pay these invoices immediately upon receipt. Bright Yellow will not be obliged to continue the project until the invoices are paid in full.
- The Quote may specify that the client will pay amounts upfront to Bright Yellow on account of out-of-pocket Major and/or Incidental expenses. In that case, Bright Yellow will apply such upfront amounts against the expenses referred to in paragraphs (a) and (b) above prior to submission of any balance remaining to the client for payment and will provide the client with a detailed invoice showing how much upfront moneys have been applied.
- Bright Yellow reserves the right to pursue late payment. Late payment may incur a surcharge if payment has not been paid in full on or before the specified due date.
- If Bright Yellow is required to work on a weekend, overnight, or public holiday a surcharge of up to 100% of the original fee will be charged. This applies where the client has requested Bright Yellow to do so, briefing material has not been received on time, or changes occur during the production period that cause delay, but the original deadline must be adhered to.
- All care will be taken to complete the work according to the deadline. However, our ability to complete the service on time is subject to receiving the essential information from the briefing party once the work commences within the specified time frames. If the information is not available or not provided within the relevant time frames changes to the schedule will be discussed and a new completion time will be set.
- Bright Yellow will not incur any liability or penalty for delays of production schedules due to actions or negligence of the client whatsoever or due to events beyond its control, including, but not limited to, energy failure, equipment breakdown, delays of suppliers or carriers, action of government, natural disaster and acts upon God and other causes beyond their control. In the event of any such production delays, Bright Yellow shall be entitled to unilaterally extend production schedules for up to 60 days upon giving the client written notice.
- The client will be granted full licence to use the artwork produced at their discretion but only for the purpose for which it was commissioned.
- All concepts not chosen by the client will remain the property of Bright Yellow.
- Bright Yellow retains the right to use any artwork and any associated materials for design competitions, future publications, educational purposes, marketing materials and portfolios at their discretion.
- No claims levied against Bright Yellow in relation to loss or damage will be considered unless all amounts owing by the applicant to Bright Yellow are paid in full.
- The laws of the State of Queensland shall apply and any legal proceedings commenced by any part of this agreement shall be issued out of and heard in the relevant court at Brisbane.
- Except by force of law, the parties acknowledge that Bright Yellow gives no warranty, whether express or implied, for the services and associated materials. In no event shall Bright Yellow be directly or indirectly liable for any person and/or entities loss or damages, including consequential and/or incidental damages.
- Confidentiality It is agreed that the directors and or employees of Bright Yellow shall not at any time during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client to anyone whatsoever without the previous written consent of the client.
- Liability regarding work and materials provided It is agreed that all work and materials provided for the client by Bright Yellow and for Bright Yellow by the client will be free and clear of all liens and encumbrances and may be lawfully used by the client or Bright Yellow without infringing upon the rights of others including and without limiting the generality of foregoing, any copyright trade secret patent. The client warrants the accuracy of all material supplied to Bright Yellow and also warrants that it is not defamatory of any person or organisation. The client will indemnify Bright Yellow in respect of all liability, loss or damage (including consequential loss or damage) that Bright Yellow may incur in respect of or arising directly or indirectly out of the use or publication of any work created by Bright Yellow pursuant to the Quote.
- In these terms and conditions:
- the term “Quote” includes any written variation agreed to by both parties;
- the term “project” means the project referred to in the Quote.
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