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Terms and Conditions

Last Modified: 28 . April . 2018

Thank you for considering 1VINE Design for your next project. Before we get onto the really fun bits, here are a few Terms and Conditions that, essentially, serve to avoid any misunderstandings. We have tried our best to filter out any complicated legal terms but if there is anything that you would like us to further clarify, please don’t hesitate to contact us.

One more thing before we go on; whenever we mention "you / your", in this document, we mean the client, and whenever we mention "us", we’re talking about 1VINE Design.

1. Our Agreement

By agreeing to these Terms and Conditions, you affirm that you have the authority to enter into this contract on behalf of yourself, your company or your organisation.

You also agree to provide us with the assets and information that we need, in the formats that we ask for in the time that we specify in order for us to complete the project.

Once the work is done, you will review our work and provide written feedback and written approval in a timely manner. Deadlines work two ways, so you will also be bound by the agreed dates.

We affirm that we have the experience and ability to perform the work we have promised and agreed to in a professional and timely manner. We aim to meet every deadline that is set.

2. Quotations / Estimates

Quotations provided by 1VINE Design are free of charge and will only be valid for 30 days from the date of issue. Any quotations that are not accepted within this time are subject to change.

Unless otherwise noted, all prices are in Australian Dollars (AUD).

Any additional work which is outside of the quoted scope will be charged at an additional hourly rate agreed upon by the two parties.

Any additional work leading to an increase in fees and expenses not previously agreed on, will not be actioned until we receive the client’s written approval.

The fees and expenses shown in Quotations are estimates only. They are based on the minimum total payable price and do not include any additional work. Final fees and expenses will be as shown in the final Invoice.

3. Invoices, Deposits and Payments

An Invoice will be issued to the client outlining the work to be completed by 1VINE Design.

Before any work is actioned or commenced, an up-front deposit is required and the amount is determined as follows:

Unless otherwise agreed, and stated in writing, all outstanding balances are to be paid within 10 business days of receipt or at handover, whichever comes first. Payment is required in full prior to handover.

1VINE Design reserves the right to withhold delivery of any work or service until all outstanding balances have been paid.

Overdue balances will incur a one-time penalty of 10% of the total invoice amount.

The client is responsible for all debt collection fees, legal fees and court fees necessitated by failure to pay invoices within the agreed time.

4. Revisions and Variations

All modifications, revisions or variations to the original agreement must be written and agreed upon prior to any commencement of work on said modifications.

"Revisions" are minor changes that may or may not adhere to the agreed upon specifications of the project. A change is deemed minor, or a "Revision", if it affects less than 20% of the deliverable work.

Our contracts allow for a limited number of free "Revisions". However, 1VINE Design understands that, sometimes, a few extra changes are all that is needed to make a great work perfect and is happy to be flexible. If you would like a "Revision" made that is outside the nominated number of free "Revisions", 1VINE Design will issue a separate invoice for the additional work done.

"Revisions" are billed as agreed in the initial consultation.

"Variations" are major changes to the scope of the project which affect more than 20% of the deliverable work. 1VINE Design is also happy to comply and allow for “Variations”. However, since these changes generally require more time, they are billed at a higher hourly rate as they risk interfering with other clients’ work. If you would like a “Variation” made, 1VINE Design will issue a separate invoice for the additional work done.

"Variations" are billed as agreed in the initial consultation.

5. Cancellation

In the event of a cancellation of the work, 1VINE Design retains the ownership of the work and all copyrights. A cancellation fee for the work completed, based on the contract price and expenses already incurred, shall be paid by the client.

6. Work Schedule and Deadlines

This agreement assumes work will be completed within the standard work week (Monday through Friday, 9am to 6pm). 1VINE Design is closed on all major holidays and extra days around Christmas and New Year's Eve. If 1VINE Design perceives that your work may be affected by any changes in our schedule, a letter / email outlining these changes will be issued to you as soon as we are aware of any changes.

1VINE Design aims to meet all required and agreed upon deadlines. In extreme circumstances, however, 1VINE Design will not be liable nor held responsible for any deadline not met, or any costs incurred as a result, due to circumstances beyond 1VINE Design’s control such as illness, injury, client delay or third-party or sub-contractor turnaround times.

Please note that revisions, variations, delayed written feedback or delayed written approvals from the client will affect the deadlines as well. Verbal approvals or phone texts will not be accepted as written approval. Emails are the only exception and will only be accepted from the person(s) and email address(es) provided and quoted in the contract.

7. Proofs

Any proofs provided by 1VINE Design for feedback and approval from the client will be presented in low resolution formats for on-screen proofing and may include temporary watermarks where it doesn’t affect the design presentation. Final high-resolution files will only be released once full payment is received.

1VINE Design will exercise reasonable effort to proof and test the work prior to presentation.

All concepts presented by 1VINE Design will be created to the very best of 1VINE Design’s ability and knowledge.

Written feedback and / or written approval from the client must be provided within a reasonable time after receipt of proofs, remembering that work cannot proceed until written approval has been received.

Once written approval has been provided, 1VINE Design will resume work to the consecutive stages of the project. Also note that the client assumes and accepts liability for any and all errors not corrected once written approval of the proofs has been received. It is the responsibility of the client to proof-read the work and identify any errors or omissions prior to final approval.

8. Intellectual Property Rights

To note, "Intellectual Property" means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

The client guarantees that all elements of text, images or other artwork provided to 1VINE Design is either owned by the client or that you have permission to use them. By providing text, images or other artwork to us, you agree to protect 1VINE Design from any claim by a third party that we are using their intellectual property.

In return, 1VINE Design guarantees that all elements of the work delivered to you are either owned by us or we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you are using their intellectual property.

9. Displaying Our Work

1VINE Design reserves the right to publish and display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio, on websites, magazine articles, books and other media or exhibits.

Disclaimer: Please bear in mind that by accepting any quotation you have received from us, and therefore hiring us, 1VINE Design assumes that you have already read through and agreed to these Terms and Conditions.