Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Branddspace Marketing Pty Ltd.
All work is carried out by Branddspace Marketing Pty Ltd on the understanding that you have agreed to our terms and conditions.
Copyright is retained by Branddspace Marketing Pty Ltd on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Branddspace Marketing Pty Ltd, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Branddspace Marketing Pty Ltd will provide your company with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Branddspace website.
Estimates sent to your company must be approved via the estimate link sent on email acknowledging acceptance of the estimate.
For the avoidance of doubt, Branddspace Marketing Pty Ltd Terms & Conditions are what govern the job, not any conditions on your company purchase order.
Design Charges
Charges for design services to be provided by Branddspace Marketing Pty Ltd will be set out in the written estimate or quotation that is provided to your company. At the time of acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% or more of the quoted fee will become immediately due.
Unless agreed otherwise with your company, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to you for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Source Files
Branddspace Marketing Pty Ltd will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if your company require these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or that are out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
Your company will be provided with a statement of account at the completion stage. At this time the remainder of the amount due will become due and payable on receipt.
Any invoice/statement queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest at a rate of 2% on the outstanding amount from the date due until the date of payment.
Payments may be made by online/wire transfer, credit card (Visa, Mastercard) PayPal or Debit Card. Cheques are not accepted.
Publication and/or release of work done by Branddspace Marketing Pty Ltd on behalf of your company, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Branddspace Marketing Pty Ltd shall be entitled to remove its and/or your companies’ material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, website builds, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve your company of its obligation to pay the due amount.
Clients whose accounts become default agree to pay all Branddspace Marketing Pty Ltd’s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Branddspace Marketing Pty Ltd for inclusion in the customer’s website or other medium, your company declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with your company, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Branddspace Marketing Pty Ltd on behalf of your company, will remain the property of Branddspace Marketing Pty Ltd and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to your company as a client solely for the project defined in the scope or request and not for any other purpose.
You may request in writing from Branddspace Marketing Pty Ltd, the necessary permission to use materials (for which Branddspace Marketing Pty Ltd holds the copyright) in forms other than for which it was originally supplied, and Branddspace Marketing Pty Ltd may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of your company, not Branddspace Marketing Pty Ltd.
By supplying images, text, or any other data to Branddspace Marketing Pty Ltd, you grant Branddspace Marketing Pty Ltd permission to use this material freely in the pursuit of the design.
Should Branddspace Marketing Pty Ltd, or your company supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, your company will agree to allow Branddspace Marketing Pty Ltd to remove and/or replace the file on the site.
Your company agrees to fully indemnify and hold Branddspace Marketing Pty Ltd free from harm in any and all claims resulting from your company in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
Your company agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where you make changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
Your company also agrees that Branddspace Marketing Pty Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for your company by Branddspace Marketing Pty Ltd, or any of its contractors, is licensed for use by your company on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of marketing agency and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by your company with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Branddspace Marketing Pty Ltd will not be held responsible for any and all damages resulting from such claims.
Branddspace Marketing Pty Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. Your company agrees not to hold Branddspace Marketing Pty Ltd responsible for any such loss or damage.
Any claim against Branddspace Marketing Pty Ltd shall be limited to the relevant fee(s) paid by your company.
Data Formats
Your company agrees to Branddspace Marketing Pty Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Branddspace Marketing Pty Ltd in electronic editable format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder, or through any other medium prescribed by Branddspace Marketing Pty Ltd as part of their in house design process.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Branddspace Marketing Pty Ltd via e-mail/FTP/shared folder. Images must be of a quality suitable for use without any subsequent image processing, and Branddspace Marketing Pty Ltd will not be held responsible for any image quality which your company later deems to be unacceptable.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images, which will be considered additional services to be separately billed for.
Design Project Duration
Generally, a project completion date is identified for each project up front and, if a project specific contract is signed between your company and Branddspace Marketing Pty Ltd, the completion date is stipulated within it. In those cases, both parties have an obligation to ensure that they carry out their individual responsibilities in supplying content and effecting revisions in a timely and reliable manner to meet the project completion date agreed upon. If no specific project contract is enforced for a project, the terms and conditions stipulated in this agreement will apply. A typical project time frame usually does not exceed one calendar month.
In all scenarios, all projects undertaken by Branddspace Marketing Pty Ltd have a set payment completion cycle of 30 days after receipt of the initial deposit, all balances being due after the 30-day cycle, even if delays experienced have resulted in the non-completion of the project. Branddspace Marketing Pty Ltd would still be liable to complete the outstanding work as per the original scope detailed in the company invoice. An extension/grace period of 3 weeks will be extended to your company to complete the project, and no further charges for the 3-week extension will be charged. If, however, the project runs over the 3-week extension period, a flat fee of $80 per week will be charged for every week that the project lapses before completion.
Rights of Access for Website Construction
Your company agrees to allow Branddspace Marketing Pty Ltd all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The client also agrees to allow Branddspace Marketing Pty Ltd access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
Your company agrees to supply Branddspace Marketing Pty Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website design only
Branddspace Marketing Pty Ltd require that a template is approved by the customer before we proceed with the build of a website. Once the template(s) for the website are approved by your company, your online development will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
Once web design is complete, Branddspace Marketing Pty Ltd will provide your company with the opportunity to review the resulting work. Branddspace Marketing Pty Ltd will make 2 sets of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to, colour schemes or any navigation features, or major structural changes. Branddspace Marketing Pty Ltd will consider that your company has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting websites
Branddspace Marketing Pty Ltd may request that your company change the type of hosting account used if that account is deemed by them to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Fees due to third party hosting organisations are the responsibility of your company and Branddspace Marketing Pty Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of your company/domain owner.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Branddspace Marketing Pty Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
Your company agrees to allow Branddspace Marketing Pty Ltd to place a small credit on websites completed by them in the form of a link to Branddspace Marketing Pty Ltd ‘s own website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
Your company also agrees to allow Branddspace Marketing Pty Ltd to place websites and other designs, along with a link to your companies site on Branddspace Marketing Pty Ltd own website for demonstration purposes and to use any designs in its own publicity and portfolios. Your company also agree that Branddspace Marketing Pty Ltd may feature your company’s logo on our website or on other materials indicating that we have serviced you as a client.
Cancellation
Cancellation of services may be made initially by telephone contact, or e-mail. Your company will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days.
Disclaimer
Branddspace Marketing Pty Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Branddspace Marketing Pty Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Branddspace Marketing Pty Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. Your company agrees not to hold Branddspace Marketing Pty Ltd responsible for any such loss or damage. Any claim against Branddspace Marketing Pty Ltd shall be limited to the relevant fee(s) paid by your company.
Branddspace Marketing Pty Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Branddspace Marketing Pty Ltd will not knowingly perform any actions to contravene these and your company also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Branddspace Marketing Pty Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Branddspace Marketing Pty Ltd, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.branddspace.com
