Unlimitly Pty Ltd (ABN 64 162 410 200)
Below is Unlimitly Pty Ltd (Unlimitly)’s standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project or sign up with us. By requesting designs and/or services from Unlimitly you agree to our Terms and Conditions and you are aware that you are entering a binding contract - payment is required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Unlimitly Pty Ltd, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
- These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork).
- These Terms and Conditions are subject to change without notification by the Company.
- These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Subscriptions, Creative Brief, Variations and Guarantee
- If the Client signs up to a plan, the Company and the Client will complete an initial brand profile and strategy session at no charge to the Client. This can be held via phone or in writing (email). This will assist in the evaluation and formulation of the Client’s business design requirements.
- The Client can submit a design task at any time via email or the chosen communication platform.
- Each design task is as outlined in the Agreement. For additional concepts, submit a new task.
- Turnaround time is as outlined in the Agreement. This may be exceeded in certain circumstances.
- The Company requires each design task to be completed one at a time. One task must be completed before another one can be submitted. If a new task is submitted while another task is in progress, the new task will wait until the existing task is complete.
- The Company offers an unlimited number of revisions to design Artwork under this Agreement.
- The Company requires full upfront payment from the Client prior to starting work on a task. By remitting funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
- The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of website construction. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
- For Clients in Australia, prices include GST.
- The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
- Where the Client has automatic payment, the Company reserves the right to cancel subscriptions with accounts more than 14 days outstanding payment.
Cancellation, Variation and Refund Policy
- If the Client requests the cancellation, The Company will contine to provide services until the end of the current period.
- The Company will declare a project completed if no response is received from Client within 14 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork.
- The Company has a satisfaction guarantee for the first 14 days of a subscription where, if the Client is not happy with the service, they can cancel and get a 100% refund.
- It is the Client’s responsibility to ensure that if they wish to cancel the subscription they must do so prior to the rollover date during the month.
- Any other refunds are at the sole discretion of the Director of The Company and will usually incur an Administration fee to cover processing and any exchange rate variations.
The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
Submission of Client artwork
- Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. The Company is also not liable for supplied file errors.
- Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-5mm, hence a suitable internal margin from the bleed line is required if the Client is supplying Artwork.
- It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate any copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
- Ownership of copyright over all concepts and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
- Artwork designed will remain the property of the Company unless the Client requests an Intellectual Property transfer. Extra fees may be incurred.
- Where copyright ownership is transferred to the Client, the Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
Amendments to these Terms and Conditions
All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of The Company prior to the commencement of work.