General Terms of Work & Sale
PLEASE REFER TO ANY SIGNED OR IMPLIED AGREEMENT FOR TERMS SPECIFIC TO YOUR SERVICE.
By accepting any quote – and commissioning Holiday Brands to undertake work – with order of work to be accepted as verbal or written confirmation, or by paying your provided invoice, you are agreeing to these terms and their boundaries.
Holiday Brands reserves the right to change, amend or cancel any of these terms and conditions at any time without notice, provided updates are maintained on this page.
To view terms and conditions relevant at time of sale, all clients are required to visit this page.
VALIDITY OF QUOTES
Quotes provided by Holiday Brands are valid for 14 days from date of supply – unless otherwise arranged.
On acceptance of quote or job, you are advised to supply an artwork brief, with design ideas and requirements before concepts or proofs can be created.
DISCLAIMER OF QUOTE COVERAGE
Prices are inclusive of the details specifically quoted and outlined on supply of price only. If additional artwork is needed or changes are made to the order at time of acceptance, start or during work completion, additional charges will apply.
PLEASE CHECK ALL DETAILS, SPELLING, LAYOUT, SIZE, COLOUR, TRIM MARKS, NUMBERS, ETC! (EVERYTHING!)
Milk WILL NOT be held responsible for errors or required re-prints as a result of in-comprehensive proofing.
We are only human! Please check everything carefully when proofs are supplied as re-prints and refunds ARE NOT offered as a result of human error appearing on artwork that has been approved.
Confirmation of artwork via email or verbally over phone WILL BE taken as a binding approval on your behalf to these conditions and will waive all responsibility on Holiday Brands’s behalf.
Once artwork has been finalised, due to the fact that each design is individual and created especially for you or your business a securing NON-REFUNDABLE deposit of 50% is required before jobs can be queued to print or finished.
Discounts may be available if accounts are finalised up-front for large orders.
All orders must be paid in full prior to dispatch unless other terms are arranged prior to order commencement.
On approval of quotation or job, a credit card number must be supplied to secure your job.
In the event that invoices are not paid after 14 days of due date, your credit card will be charged with outstanding balances.
All payments are to be made by direct bank deposit, credit card, or cash only.
We do not accept payment via cheque unless arranged prior to commencement of work.
In all payment arrangement circumstances (account or COD) , if payment has not been received by the due date late fees of 5% will apply fortnightly (compounding), in order to cover additional accounting time and administrative efforts required to recoup overdue invoices.
In the event that payment has not been received and all effort has not been made to make arrangements to settle accounts, all costs associated with recovering payment via external parties will be added to the account and will be the responsibility of the client.
All website work must be paid for within 3 days of work completion, otherwise overdue penalties will apply.
Whilst all effort is taken to maintain the highest print standard and consistency between print jobs, please be aware that finished quality will vary slightly (in most cases) from one job to the next.
Please be aware factors such as stocks, presses, colours, coverage, coating, temperature, and weather may/can effect the finished quality of the job. Milk WILL NOT hold responsibility for reasonable variations in print.
PLEASE NOTE – COLOURS WILL VARY FROM SCREEN TO SCREEN AND PRINTER TO PRINTER – whilst all effort is taken to maintain colour consistency we WILL NOT be responsible for slight and reasonable variations in colours.
WEBSITE DESIGN, HOSTING AND DOMAIN REGISTRATION SERVICE TERMS OF AGREEMENT
Ownership & Registration
If Holiday Brands is asked on behalf of a client, to register a domain name/s, that domain name will be registered under Holiday Brands’s business registration details and management account in order to complete and authenticate registration by a business, unless otherwise specified.
This is for the purposes of ease of management, support and service with the domain registrar.
By authorising Holiday Brands to register your domain or hosting, you authorise Holiday Brands to act on your behalf when contacting the domain registrar or hosting service provider (eg, for technical support etc).
In the event that the client would like their domain registered to their ABN and/or business details, under a separate management account, the client will need to advise of this preference before initial registration.
This will also require the client to provide all hosting account information, passwords and cpanel information to Holiday Brands in order for Holiday Brands to be able to complete and work, build or maintain your site. Any changes after initial registration to ownership or account management will be classed as change of ownership or cancellation, and fees will apply.
Once registration has occurred, change of ownership details can only be made via formal application, at a cost determined by the hosting provider plus $99 (inc GST) for Holiday Brands administrative charge.
Any client wishing to change or cancel hosting , service providers, or name registration (including name server, or domain name registration changes), will be liable for a $200 +gst (2hrs) one-off cancellation or change charge in order for us to administer & complete this process.
Management of renewals
As of the 1 July 2017, all clients must pay an annual management and renewal fee for their domain name &/or hosting account. As we only on-charge clients the cost that the hosting or registrar charges us, this fee will be added in order to cover time needed to complete and manage the renewal and account.
Website design service or website delivery:
Any website design service or complete website provided by Holiday Brands will be limited to the initial scope of quote or agreement for work at time of first service.
Website design or build prices DO NOT include ongoing maintenance, support or content updates.
All information provided by the client at time of build will be taken to be the final content in which is required to complete the quote or work requested.
Any content, work, images or build required after this time will be classes as new work and charged at an hourly rate determined by Holiday Brands.
Website delivery will be classified as complete and final 1 week after website design completion and login details are provided, unless Holiday Brands is contacted in writing and notified of any perceived errors or incomplete elements.
Holiday Brands will not be held responsible for failures, breaches, or crashes, caused after initial build hand-over that is caused by a 3rd party provider (eg, plugin, hosting provider, cms updates etc). Assistance and support provided in order to help with these problems will be charged at the usual hourly support rate.
Basic training for website management can be provided if requested, but may incur an additional cost, flat rate or hourly, depending on the time required for training.
Refer to website contract and terms of sale if provided. Any contract signed at time of work will override all website terms listed here.
TERMS OF SERVICE FOR DISCOUNTED CONTRACTOR RATES
These terms apply to all clients requesting or using the discounted contract/retainer marketing design services provided by Holiday Brands via discounted hourly rates.
Additional hours will be charged at discounted rate of $66 per hour.
Minimum contract terms apply to service. This is negotiated per-client based on the clients ongoing needs for support.
8-12 weeks are considered standard terms of contracting, and through roll-over hours may accrue for unused weekly hours, roll-over caps apply for unused hours.
Any unscheduled urgent, priority or after hours work will be booked at x1.5 the time taken at the arranged hourly rate.
These terms and rates include graphic design, marketing services, and web maintenance services only.
CONCEPTS AND COPYRIGHT
All concepts/designs/ logos or samples provided to you remain the property of Holiday Brands at all times and must be returned if requested.
Holiday Brands retains copyright of ALL designs and samples unless otherwise agreed.
If an agreement has been made between parties, copyright WILL NOT be released until payment has been received in full for all outstanding invoices.
Any overdue or outstanding payments for unpaid invoices accrued after initial copyright release will be classed as breach of agreement and Holiday Brands will be reinstated as copyright owner of all design and print material until outstanding payments are received.
Any release of copyright will be taken to include only one licence for one business activity (1 store, 1 business, 1 branch). In the event that the business/company/trader begins using the artwork for franchise activities, in multiple locations, or under on-selling licences, Holiday Brands at its discretion may charge an additional copyright release fee for each subsequent activity or business the artwork is used for.
The client holds all responsibility for copyright and client indemnifies Holiday Brands against all complaints or cases related to copyright infringement or penalties caused by use of client supplied materials. It is the clients responsibility to ensure all clearances and permissions are gained by owners prior to supplying materials to be used in designs or any other work performed by Holiday Brands.
Holiday Brands does not release artwork working files.
If artwork working files are required, this must be specified at time of order, and this will be accounted for in the quote.
Request for working or editable files post job completion will be at the discretion of Holiday Brands’s management, and will incur additional charges for file release and copyright release.
These terms are taken to be true, correct and accurate as at 1 July 2020.