Vertigo

Terms & Conditions — Vertigo

Terms & Conditions

All Works and Services are provided by Vertigo on the basis of the following Terms and Conditions, which constitute the terms of any contract between Vertigo and its Clients. These Terms and Conditions are applicable to all projects undertaken by Vertigo regardless of size, scope or budget, and without exception. Projects will commence upon the Client's acceptance of these Terms and Conditions.


1. General

As used herein and throughout this Agreement:

“Agreement” refers to the content of these Terms and Conditions, the Written Proposal document(s) (if any), Schedule(s) (if any), together with any other Supplements.

"We", "Us", " The Designer" refers to Vertigo.

"You", "the Client", "Client" refers to you.

“Works” refers to all creative projects produced by Vertigo.

“Copyright” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.

“Services” means all services provided to the Client by Vertigo, as described and otherwise further defined in the Proposal and Handbook.


2. Quotations

Quotes and proposals are valid for 14 days from the date of issue. Project estimates are based on information provided by the Client at the time of quoting. If the quoted Works evolve outside of the original quote or proposal, further fees will apply. See 8. Expansion of Scope.


3. Projects

Vertigo will not commence any Works or Services until a delivery date has been confirmed by both parties.

Vertigo will not commence any Works or Services until all content required to carry out those Works or Services is provided by the Client.


4. Deposit, Payments & Delays

The Client agrees to pay a non-refundable deposit of 50% of the quoted project cost, and understands that Works will not commence until the deposit has been paid. Deposit terms for Works and Services are as follows:

(i) Less than $1000 = total cost upfront with any additional services invoiced separately upon completion;
(ii) $1000 – $5000 = 50% deposit + 50% of the remaining balance payable before delivery; and
(iii) $5000+ = 50% deposit + 2 x 25% payments payable upon the first stage of completion (to be determined) and the delivery date.

(b) The Client understands the remaining balance of the project is due before final files are released. Any Works and materials will be withheld pending payment. If extra Services are required, the Client will be invoiced separately. See 8. Expansion of Scope.

(c) All payments for Works and Services are via direct deposit EFT.

(d) The Client confirms they will be available for the duration of the project and will ensure to minimise any delays for its completion. Delays include but are not limited to: providing answers, information, feedback, revisions, assets, content, approvals and payments.

(e) Overdue accounts will be subject to interest at the rate of 8% per month of the outstanding balance, calculated for the period the account is due until the date it is paid. Vertigo may implement the action of third party debt collection for outstanding amounts. The Client is responsible for any costs incurred.

(f) The Client understands they are responsible for all external third party costs, including but not limited to: domain purchase, email service, website templates (Wordpress, Shopify), website hosting, website subscriptions (Squarespace), print services, typography (fonts), stock photography.

(g) All prices are in AUD and exclude GST.


5. Cancellations

Cancellations for Works and Services by the Client must be made in writing within 7 calendar days and is subject to a 50% cancellation fee of the remaining project cost plus any Works carried out up until that time.

(a) While Vertigo makes every effort to ensure the Client understands their project requirements, we reserve the right to cancel a project after commencement. Reasons include but are not limited to: lack of communication from the Client, significant delays as per 5. Deposit, Payments & Delays (d). In the event that Vertigo cancels a project, the Client will be invoiced for any Works carried out up until that time plus a 50% cancellation fee of the remaining project cost.

(b) In the event of cancellation, Vertigo retains the Copyright to all Works and reserves the right to use those Works for other projects.

(c) A $130 cancellation fee will apply to cancellations of consultation services, presentations or meetings with 24 hours' notice or less. Cancellations must be made during business hours and in writing via email. Notice does not cover weekends.


6. Copyright

Under Australian Copyright Law, Vertigo retains ownership of copyright in all Works produced by us, including all reproduction rights on the copyrighted Works.

(b) Once Vertigo's project fee is paid in full by the Client, the Client has the right ("license") to use the Works for the purpose(s) for which it was commissioned, however the Works may not be reproduced in any other form without prior written consent from Vertigo and payment of a licensing fee to procure Copyright beyond the scope of the project. No Copyright or any other Intellectual Property (IP) rights in the materials will be licensed to the Client until Vertigo has been paid this fee.

(c) The ownership of copyright in all Works produced by Vertigo which are not ultimately used remains with us. Vertigo also retains Copyright in the following:

1. Draft concepts;
2. Working notes and any other internal written materials;
3. Drawings, illustrations, photographs and designs;
4. Preliminary digital works including website drafts, source code development, programs and programmers’ notes;
5. Draft videos, sound recordings, storyboards;
6. Designs rejected by the Client; and
7. Source files.


7. Expansion of Scope

Work falling outside of the scope of the Services requested by the Client, either orally or in writing, will incur charges additional to Vertigo's Fee. Work falling outside of the scope of the Services includes, but is not limited to:

1. Additions to the list of Works;
2. Alterations to text supplied by the Client for use in the Works;
3. Additional drafts or revisions required in the provision of the Services;
4. Changes to the Client’s instructions or the brief;
5. Changes to any of the Works after the Delivery Date;
6. Additional consultations;
7. Auxiliary resources required to improve or complete the Works (such as the purchase and licensing of typography); and
8. Conversion, adjustment or manipulation of images.

(b) Urgent work requested on the same day, or outside of ordinary business hours will be charged at an overtime rate of $250 per hour. Business hours are Monday to Friday 9:30 AM – 5:30 PM. The studio does not operate on weekends and public holidays.


8. Images

Vertigo requests all images supplied by the Client to be of high quality and high resolution, and created by professionals where possible. Should the Client wish for Vertigo to source suitable imagery for a project where a professional is not available, stock photography will be utilised and licensing rights to be purchased by the Client.

(b) The Client warrants that all images provided for their project will not cause Vertigo to infringe any patent, copyright, registered designs or trademarks. The Client agrees to indemnify Vertigo against any action taken by a third party against Vertigo should any such infringement occur.

(c) Images supplied by the Client for print purposes must be in CMYK colour mode and in TIFF or JPG format at 300dpi. Vertigo is not responsible for any colour variations for RGB files or different file formats supplied by the Client.

(d) Vertigo is not responsible for the reproduction quality of images supplied by the Client. Whilst all care is taken, we accept no responsibility for Client-supplied materials that do not print properly, nor for printing errors caused by the Client’s chosen print company. See 10. Errors & Liability (b).


9. Errors & Liability

While Vertigo takes all care to avoid errors, it is the Client's responsibility to check for any typographical errors, spelling mistakes, incorrect information or any colour variations committed to print or production.

(b) Vertigo ensures to advise the Client on the variation of colour in regard to print and digital, and will not be liable for any errors in the print process or with third party companies. 

(c) It is the Client's responsibility to proofread and approve all final copy before the release of any Works from Vertigo. Written verification by the Client shall be conclusive of approval of all Works prior to printing, implementation or installation. Vertigo is not responsible for the cost of any reprints or retractions due to Client errors or oversights.

(d) Vertigo does not accept responsibility for any website errors made by the Client, including but not limited to: changes to site code, HTML, CSS; content including text, images, layout. Any changes made in error that the Client cannot revert, Vertigo will amend for a fee. The Client is liable for third party costs to amend the error if it is outside of Vertigo's scope of work.

(e) Vertigo does not accept responsibility for third party transactions or impact of services should they arise, including but not limited to: email clients, web hosting, domain setup, website maintenance, online payments and orders for third party services. The Client must contact the third party directly to resolve any issues.

(f) If authorising Vertigo to act on their behalf for third party services, the Client agrees they have read all contracts and written agreements governing such access, login information and passwords, and they have all the necessary contractual and legal rights to give Vertigo access, login information and passwords.

(g) While Vertigo offers professional advice on brand identity and design, we will not be held liable for any decisions made by the Client that negatively impact their business.


10. Files & Records

Vertigo maintains and retains an extensive studio archive of Works and Services records, artwork and digital document libraries, for up to three years. 

1. The Client is provided the relevant files of all project materials and it is their responsibility to ensure they maintain these materials.
2. Request for files misplaced by the Client will be subject to a fee for retrieval and resending.

(b) The Client agrees to provide Vertigo two samples of printed materials, per design, for its studio archive.


11. Promotion

Vertigo retains the right to use and reproduce the Works for the purposes of and not limited to:

1. Promoting the Vertigo’s skills and services, including by entering the Works in competitions or design publications relating to professional quality and recognition in Vertigo’s industry; and
2. Display of the Works in Vertigo’s portfolio of work, including for the purpose of soliciting new work.

(b) The Client agrees to allow Vertigo to retain a credit and link in the footer of Works such as a website (where applicable).


12. Delivery

In the event of a fire, flood, or any other unforeseeable disaster that prevents Vertigo from completing the project, Vertigo will not be held responsible for any delays and will contact the Client to arrange alternative measures suitable for and to be agreed upon by both parties.


13. Privacy

Vertigo will keep confidential and not disclose to any third party or make use of material or information communicated in confidence for the purposes of the Works or Services, except as may be reasonably necessary to carry out the Works or Services. Should this occur, Vertigo will always seek permission from the Client first.

(b) The Client understands their name and email address will automatically be added to Vertigo's marketing newsletter. The Client is able to opt out of this communication at any time.

(c) Vertigo respects its Clients' privacy and will not disclose or sell any personal or contact information to third parties for advertising purposes.


14. Agreement

I have read, understand and agree to these Terms & Conditions *
 
 

Commencement of your project signifies your acceptance of these Terms & Conditions. 
If you have any questions about this Agreement, please contact us