1.1 In these Terms and Conditions:
(a) “Agreement” means any order relating to the Services, and these Terms and Conditions.
(b) “We” or “Us” means Catherine Watson trading as Documents by Design and her successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all Services we will supply to you under a quote, proposal, order or invoice relating to graphic and web design.
2.1 Price plus tax: You will pay the price indicated on the invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.2 Quotation: Any quotation we have made for the supply of Services constitutes an invitation to treat and not a binding offer. All quotations lapse after 28 days but we reserve the right to change or withdraw any quotation without notice at any time.
2.3 Change of Rates: We reserve the right to change any previously notified hourly rate for casual work on 60 days’ written notice to you.
2.5 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.6 Cancellation: Where cancellation occurs before we start our work any deposit paid may be refunded at our sole discretion. No refund will be made where cancellation occurs within 24 hours of the time set for performance of the Services. If cancellation occurs after we have started the work we reserve the right to invoice you for work that has already been done where:
(a) the amount of any deposit paid is not enough to compensate us for that work; or
(b) you have not paid a deposit.
3.1 Deposit: In order to confirm a booking for Services you may be required to pay a deposit of 50% of the Price.
3.2 Payment of balance: You will pay the balance of your account within 7 days of the invoice date. We reserve the right to not release our work to you until the account has been paid in full.
3.3 Expenses: Agreed out of pocket expenses will be invoiced in advance and we reserve the right not to progress the associated Services until we receive these payments. Expenses include print work above $400. For print work below $400 we may require a deposit.
3.4 Acceleration: Notwithstanding such credit period, full payment for all unpaid Services will become due immediately upon:
(a) You or any guarantor becoming insolvent or bankrupt;
(b) The commencement of any act or proceeding in which your or any guarantor’s insolvency is involved; or
(c) You or any guarantor resolving to wind up or being ordered to be wound up or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or
(d) You or any guarantor ceasing to trade.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at 1.5% per month will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which We may suffer or incur as a result of any failure by you to make due and punctual payment.
5. PERFORMANCE OF THE SERVICES
5.1 Time: We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement.
5.2 Use of reports: Any reports prepared or procured by us as part of the Services are to be used only by you.
5.3 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us. Unless otherwise agreed, the Price includes only the design option you have chosen.
5.4 Declining Services: We reserve the right to decline any request for work that We consider is contrary to Our professional standards or that in Our view may be harmful to your or Our reputations. If you object to Us declining any work under this clause We have the right to terminate this Agreement with immediate effect.
5.5 Portfolio: You agree that We may use samples of the work we have prepared on your behalf for the purposes of marketing our services and our business.
5.6 Copyright: Unless otherwise agreed, we retain intellectual property rights in all original work we have prepared on your behalf as part of the Services until the Price is paid in full. In the case of no final design option being chosen copyright on all options is retained by us.