Summary of Graphic Design & Artwork Terms and Conditions

  • The full balance to be settled within 7 days after each invoice.
  • The proposal will set the requirements of the projects and what needs to be fulfilled.
  • The proposal is a quote for services to be offered. Anything outside this will be handled in two ways:
    • Any changes to the scope of work requested by the client after signing the agreement will be estimated and provided to the client for approval.
    • Any work we think that needs to be done outside the scope of the project will be advised to the client and quoted and it is up to the client to initiate our recommendations.
  • Eightball Media is not accountable to any of the content placed on an artwork. It will be assumed all content is proofed by the client before an artwork is distributed and any changes can be made by the client before artwork distribution.
  • If payment is not met within 30 days Eightball Media will suspend any artwork activities until the balance is paid.
  • If a client wishes to acquire any working files a fee of 25% of the value of the original artwork will be charged prior to releasing the files.
  • Once any artwork has been approved any changes there after will incur a design fee of $150/hour ex GST. Most pricing will be able to be quoted before changes begin.

 

Graphic Design & Artwork Agreement

Copyright to Artwork
Copyright to the finished artwork produced by Eightball Media is owned by Eightball Media. Upon final payment of project contract, the client is assigned rights to use as required. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Unless previously agreed upon, all original source files and work-up files are the property of Eightball Media. Should a client requires the original source files and work-up files a fee of 25% of the value of the original artwork will be charged prior to releasing the files. Eightball Media and its subcontractors retain the right to display graphics and other artwork elements as examples of their work in their respective portfolios.

 

Fonts
Commercial fonts that are included in any artwork designed are rasterized and outlined. Should a client require the font  the client will need to acquire it legally from the font creator/shop. Eightball Media does not distribute fonts to its clients.

 

Completion Date

To be able to achieve the project in a suitable timeframe, the client agrees to supply materials i.e.  Corporate branding promotional materials, logos in a suitable format, make available hours for meeting and to deliver key information promptly for Eightball Media to complete work on schedule. Failure to do so will cause a project to be delayed and other projects will take priority according to the time lines that need to be maintained.

 

Assignment of Project

Eightball Media reserves the right to assign subcontractors to this project to ensure the right skill for the client’s artwork as well as to ensure the scheduled completion date is met.

 

Payment of Fees
Fees to Eightball Media are due and payable on the following schedule:

In order for Eightball Media to remain in business, payments must be made promptly. The client must adhere to due dates (generally 7 days from date of invoice) of Eightball Media invoices. Delinquent bills will incur a $30 charge, if payment is not received within 14 days of the due date. If an amount remains delinquent 30 days after its due date, an additional $30 penalty will be added for each month of delinquency. Eightball Media reserves the right to not provide artwork until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Eightball Media. Unless agreements are made in writing, after a 90 day period your account will be passed to a debt collection agency for further follow up.

If payments are not made in a timely manner and if required content is not received by Eightball Media on time there may be delays to the completion of the artwork. Additional requests that are outside the scope written in the proposal document will incur an additional investment on Eightball Media behalf.

Should there be delays on approval of concepts, receiving of content or if the artwork is placed on hold for unforeseen reasons there may be additional fees should any artwork updates need to occur.

 


 

Summary of Website Development Terms and Conditions

  • The full balance to be settled within 7 days after each invoice.
  • The Design Plan will set the requirements of the projects and what needs to be fulfilled.
  • The proposal is a quote for services to be offered. Anything outside this will be handled in two ways:
  • Any changes to the scope of work requested by the client after signing the agreement will be estimated and provided to the client for approval.
  • Any work we think that needs to be done outside the scope of the project will be advised to the client and quoted and it is up to the client to initiate our recommendations.
  • Eightball Media is not accountable to any of the content placed on to the website. It will be assumed all content is proofed by the client before the site is launched and any changes can be made by the client before the website is launched.
  • If payment is not met within 30 days Eightball Media will suspend your website and email activity till the balance is paid.
  • If a client wishes to transfer the website, database, CMS, hosting, Emails and entire setup to another company to take control a $295 ex GST port out fee applies for additional work required by us to release the website. Once release we will take no responsibility of the features functions and operations of the website.
  • We will graphically design concepts of how the site will look. If after previewing them, any changes are required they will need to be provided all at once in a typed document; these changes will be made at no additional cost. All changes must be finalised before the implementation phase begins. Any changes that occur once the implementation of the website additional fees at the hourly rate of $150 ex GST will apply for changes. Most pricing will be able to be quoted before changes begin.
  • Once the website design has been approved and the development has begun any changes there after will incur a development fee of $150/hour ex GST.
  • Monthly lease fee is paid by direct debit set up by Eightball Media. If this arrangement is not suitable for the client, one of the following alternatives must be met:
    • The client should pay the full value of 3 monthly leases in advance
    • The client should pay the full value yearly
    • Further payment arrangements can be met with our recommended financial advisors

 

Website Development Agreement

Authorization
The named client is engaging Eightball Media as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web space (depending on the software available) or on suitable web hosting provided by Eightball Media. The client hereby authorizes Eightball Media to access this account, and authorizes the web hosting service to provide Eightball Media with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Eightball Media to publicize their completed website to Web search engines, as well as other Web directories and indexes.

 

Website Maintenance and Hourly Rate
The agreement includes minor website maintenance to regular web pages over a two month period, including updating links and making minor changes to a sentence or paragraph. It does not include complete page re-construction or additional graphic design elements. If the client or an agent other than Eightball Media attempts updating pages (except using the Content Management page editor and tools provided by Eightball Media), time to repair the website will be assessed at the hourly support rate of $150 ex GST per hour, and is not included as part of the updating time. Changes requested by the client beyond those limits will be billed at the standard service rates of Eightball Media. The two month maintenance period begins from the day of completion of the final website construction phase.

 

Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows Eightball Media full access to the website via FTP, a MySQL database if required by Eightball Media, and access to a web hosting control panel. Other access or tools may be required by Eightball Media, and they will be provided or paid for by the client. Eightball Media is a provider of suitable web hosting services. It is recommended that Eightball Media be used as the web hosting service.

 

Completion Date

To be able to achieve the project in a suitable timeframe, the client agrees to supply materials i.e.  Corporate branding promotional materials, logos in a suitable format, make available hours for meeting and to deliver key information promptly for Eightball Media to complete work on schedule. Failure to do so will cause a project to be delayed and other projects will take priority according to the time lines that need to be maintained.

 

Assignment of Project

Eightball Media reserves the right to assign subcontractors to this project to ensure the right skill for the client’s website as well as to ensure the scheduled completion date is met.

 

Legal Disclaimer
Eightball Media does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Eightball Media be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Eightball Media has been advised of the possibility of such damages. The client will indemnify and hold Eightball Media harmless against any claims by third parties, including all costs, expenses and legal fees incurred by Eightball Media arising out of or in conjunction with the Client’s performance or breach of this agreement. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Copyrights and Trademarks
The client represents to Eightball Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Eightball Media for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Eightball Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

 

Electronic Commerce Laws
From time to time government entities enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Eightball Media and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

 

Copyright to Web Pages
Copyright to the finished assembled work of web pages produced by Eightball Media is owned by Eightball Media. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Eightball Media and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

 

Website Built & Online Marketing Accreditation
All websites built by Eightball Media will include an accreditation link.  For example “This website was built by Eightball Media” or a similar variation. These links appear in the footer of all web pages unless otherwise agreed on. There is a fee of $1,000.00 inc GST to remove any on page accreditation.

By signing up with Eightball Media we have the rights to use your project for promotional and portfolio purposes unless otherwise agreed on.

 

Payment of Fees
Fees to Eightball Media are due and payable on the following schedule:

If the total amount of the contract is less than $1,000.00, the total amount shall be paid upon signing this contract. Advertising the pages to Web search engines and updating occur only after the final payment is made. All monetary amounts stated in this document are in Australian Dollars, and all payments will be made in Australian Dollars.

In order for Eightball Media to remain in business, payments must be made promptly. The client must adhere to due dates (generally 7 days from date of invoice) of Eightball Media invoices. Delinquent bills will incur a $30 charge, if payment is not received within 14 days of the due date. If an amount remains delinquent 30 days after its due date, an additional $30 penalty will be added for each month of delinquency. Eightball Media reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Eightball Media. Unless agreements are made in writing, after a 90 day period your account will be passed to a debt collection agency for further follow up.

If payments are not made in a timely manner and if required content is not received by Eightball Media on time there may be delays to the completion of the website. Additional requests that are outside the scope written in the design plan document will incur an additional investment on Eightball Media behalf.

Should there be delays on approval of concepts, receiving of content or if the website is placed on hold for unforeseen reasons there may be additional fees should any website software updates need to occur. Should there be any technical updates required such as server, software or plugins after 6 months of the start of development separate charges may be made.

 

Sole Agreement
The agreement contained in this “Website Development Agreement” constitutes the sole agreement between Eightball Media and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for three (3) months after both parties sign this contract. Continued services after that time will require a new agreement.

 

Initial Payment and Refund Policy
This agreement begins with a non-refundable initial payment of $695 ex GST.

If the client halts work and applies by registered letter for a refund within 10 days, to Eightball Media, P.O. Box 8319, Sunnybank QLD 4109, Australia, work completed shall be billed at the hourly rate of $150 ex GST per hour, and deducted from any payments made beyond the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $150 ex GST per hour. No portion of this initial payment will be refunded unless written application is made within 7 days of signing this contract. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

Last updated: 06/06/2016

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