TERMS + CONDITIONS

Terms of trade for all ARTWORK / DESIGN / PRINTING & PRODUCTION

Confirmation of quotes and/or approval to proceed with project or printing via email correspondence or payment of any deposit for projects or printing shall be deemed as full acceptance of all terms of trade.

ARTWORK / DESIGN

  1. Stimuli Marketing + Design does not handover InDesign, Photoshop, Illustrator or any source files or fonts or originals of illustrations. We will supply final flattened, printable or distributable files for the client to use. The intellectual property that we have developed in setting up files is not part of the sale; hence we do not hand over source files. Stimuli Marketing + Design retains intellectual property rights over all files except the *final artwork.
  2. Until full payment has been made, Stimuli Marketing + Design retains ownership of all original artwork or parts contained therein (other than material supplied by the client), whether preliminary or final. Once a final concept is delivered to a client and full payment is received the final artwork files* will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice only for the purposes in which it was created. Any other usage not discussed will need to be negotiated.
  3. *Final artwork indicates the final artwork as a whole. Client does not have rights to use, modify or distribute any individual elements, i.e.; photos, illustrations etc. or to modify and resell this artwork.
  4. This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Stimuli Marketing + Design retains ownership of all artwork and website architecture. Stimuli Marketing + Design reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
  5. Stock photos purchased by Stimuli Marketing + Design are licensed to us only. They may be used in projects that are created by us only. We cannot transfer any license of images and you do not have any rights to use, distribute or sell them.
  6. Stimuli Marketing + Design will not be liable for any intellectual property or copyright issues resulting from the use of client supplied resources.
  7. The Client also agrees to allow Stimuli Marketing + Design to showcase any/all work created in the course of a project as part of our portfolio.
  8. The first consultation with the client is free. Additional one-on-one consultations of any duration, including travel time, and any phone consultations over 30 minutes are billable at our hourly rate of $120 + gst in increments of 15 minutes.
  9. All invoices are strictly “payable upon receipt of invoice”.
  10. Upon acceptance of any quote, you must pay a 50% deposit. The Client agrees to our payment structure of:
  11. 50% non-refundable deposit of the quoted amount to commence the design project.
  12. 25% is due after 3 rounds of changes/revisions have been complete and (in projects totally over $2000 only)
  13. 25% is due on the day of delivery, sign off or live date.
  14. The project deposit is non-refundable, and if a project is cancelled by the Client, for whatever reason, the deposit will serve as a cancellation fee. Along with a pro rata payment based upon the time spent if it exceeds 50% of the quoted work. If the Client did not pay a deposit, in the event of cancellation, the Client will be obligated to pay all fees and expenses associated with the work performed up to the date of cancellation.
  15. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced.
  16. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Stimuli Marketing + Design will deem the project complete. At such time, Stimuli Marketing + Design shall have no further obligation to the client, and the client shall pay Stimuli Marketing + Design all fees and expenses associated with the work performed.
  17. Invoices are considered delinquent thirty (30) days from the date of the invoice. After the thirtieth day, a late charge of $50.00, together with interest pursuant to the provisions of the Queensland Supreme Court Act 1947, currently set at 10% per annum (calculated daily), and shall be added to the total debt owed.
  18. You shall be liable for all costs related to collection of delinquent invoices, at the agreed rate of up to 75% + GST, plus any third party fees, court costs and attorney’s fees, which shall be added to and form part of the total debt owed.
  19. If we are providing printing or production of artwork in any form, you must also read and agree to our printing / production terms and conditions.
  20. If we are engaging in a website project, you must also read and agree to our website terms and conditions that will be included in your contract.
  21. Any other contract you enter into with Stimuli Marketing + Design shall be read in conjunction with and add to these terms and conditions.

PRINTING / PRODUCTION

  1. In circumstances where the customer provides artwork prepared by a third party, Stimuli Marketing & Design shall not be responsible to check the material for accuracy before printing or production and all material produced from that artwork shall be at the risk of the customer.
  2. Because of difference in equipment, processing, paper, inks, pigments and other conditions between colour proofing, computer monitors and production pressroom operations, a reasonable variation in colour between proofs and the complete job shall constitute acceptable delivery.
  3. Orders-
Once the artwork has been approved and sent to the printer, please assume it to be final and it may not be able to be altered, changed or deleted once the order has been received, without a cancellation fee and/or associated costs.
We may not send resupplied artwork, dependent upon which stage the job in question has progressed to. Should incorrect artwork have been supplied, we must be notified by telephone or email and may incur associated costs, again dependent upon which stage the job in question has progressed to.
  4. Pre-Press -
We do not colour match business cards or letterheads. Colours may vary from day to day, press to press, board to board and back to front. Varnishes and laminates may also affect colour output. We will not reprint for colour or shade discrepancies.
  5. Printing/Finishing – 
Please note there can be a trimming variance of plus or minus two millimeters due to the guillotine cutting system. Business cards may vary more than above due to the celloglaze plastic compressing under the pressure from the guillotine.
  6. Dispatch -
We will not be held liable for any orders that are delayed either from the printer’s production facility or by any third party provider. We will not be held liable for any loss of earnings or any legal action taken as a result of a delay in production or delivery.
If the goods are delivered in a damaged condition or in damaged boxes, it is your responsibility to note this on the delivery docket with the courier immediately upon delivery. Any goods signed for will not be reprinted unless this has been done.
  7. Reporting Errors -
Any queries regarding printing, finishing or accounting errors must be made within 7 days of receipt of goods or invoice.
All reprint requests must be made via email or post, and a posted sample of the goods in question must be sent to us with this 7 day timeframe.
If the error is clearly identified as a printing or finishing error, all steps will be taken to rectify the problem within a reasonable amount of time, at the discretion of the printer. 
If the problem is a result of incorrect artwork the client will be responsible for the reprinting and any associated costs.
  8. Accounts -
All accounts must be paid for prior to printing.
Any outstanding balances that incur a cost of recovery to us, including interest, will be on-charged accordingly.
  9. The placement of any order, with or without a purchase order, is a legally binding contract and by this you are agreeing to these terms and conditions, and that you will abide by these at all times.
  10. No physical or electronic proofs have been allowed for and may incur an additional cost.