terms & conditions

Below is WagTail Designs BASIC (Print/Web) terms & conditions. It is vital that you please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with "WagTail Designs". Please also note that from time to time WagTail Designs may need to alter these terms and conditions.

For our FULL (Print/Web) terms and conditions, download a copy in PDF format here.
For terms and conditions specific for Web Design, download a copy in PDF format here.

• Standard Terms & Conditions
  • Project Terms
    • 30 day period
      • Estimates/Quotations are only valid for 30 days from date of issue. If, for any reason, WagTail Designs does not commence the work within 30 days of acceptance of the offer, we reserve the right to renegotiate.
      
      
    • written approvals
      • The Client agrees to provide written approval or emailed approval of provided submission before any work is commenced, as a Letter of Agreement between the Client and WagTail Designs concerning the work outlined in the WagTail Designs Project Proposal.
      
      
    • excess work
      • This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of The Client.
      
      
      • From time to time the Client will require extra design requirements during a project, or extra files upon completion of a project.The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of AUD$50 (plus GST if applicable) per hour will be payable. Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
      
      
      • Publication and/or release of work performed on behalf of the Client by WagTail Designs may not take place before cleared funds have been received. Any booking fees, design commencement fees, or progress payments are non-refundable.
      
      
    • project alterations
      • Client alterations are any requested changes to : design, structure or content, mechanicals or disks produced correctly; which vary from the original brief or changes requested after approval of that project stage has been received. However, no additional payment shall be made for changes required to conform to the original assignment description. Any other changes requested by the Client shall be considered Client’s Alterations if they are requested after the acceptance of the Work.
      
      
      • Once web design is complete, WagTail Designs will provide the customer with the opportunity to review the resulting work. WagTail Designs will make one set 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 images, colour schemes or any navigation features. Any minor changes can be notified to WagTail Designs by e-mail. WagTail Designswill consider that the Client 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. An hourly fee after this time for tweak and amendments is payable of AUD$50 (plus GST if applicable).
      
      
• Fees / Payments
  • FEES
    • fees for service
      • It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, The Client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Whereever possible the client will be notified of increases in the scope of the project.
      
      
    • fee estimates
      • Quotations are estimates and the total fee amount may change due to variables that may occur during the course of the project. Every project is different and variables that may affect it are, but not limited to; time duration of each project, amount of information provided by the Client, amount of resources in images or graphics provided by the Client, amount of resources in images, graphics or copy provided by WagTail Designs, research, imaging services (photo touchups, montages etc), file conversions (image to vector), third party fees or billable expenses (eg. travel/research, delivery, photocopying/printing, etc).
      
      
  • PAYMENTS
    • payment terms
      • Accounts will be rendered either monthly as the work proceeds or in stage payments if previously agreed. Payment of all accounts and invoices without retention or discount is required within seven days from the date of invoice. A 50% deposit is required on all Supplies with a price above $500 which is at the discretion of WagTail Designs. The amount is non-refundable and is due immediately upon the signing of the contract. WagTail Designs reserves the right not to begin the Work until the said deposit has been paid in full. No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque or bank transfer will entail waiting for clearance before supply of files.
      
      
    • late payments & defaults
      • An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the Client has stated expressly that they do not intend to pay an invoice by WagTail Designs, unless prior arrangements have been made. WagTail Designs shall at it's sole discretion suspend any and all services provided to the Client by WagTail Designs or it's subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries daily for each day payment is overdue.
      
      
      • Suspension of such services does not relieve the client of it's obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full. WagTail Designs retains all copyright for work performed until full project costs have been paid. WagTail Designs reserves the right to reuse or resell work undertaken in the case of payment default.
      
      
      • WagTail Designs accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and the Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
      
      
• PRINTING
  • artwork approvals
    • approval of final artwork
      • The Client is to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. While WagTail Designs takes all care to avoid errors, WagTail Designs accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given after a final approved design has gone to print due oversights by The Client's proof reading.
      
      
    • print colour variations
      • With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like. This is due to the nature of CMYK printing, paper texture and bulk-run printing system. There will be no reprints at the expense of WagTail Designs.
      
      
• Legal stuff
  • liability & disclaimer
    • liability
      • Under no circumstances shall WagTail Designs be liable to the Client for an indirect or consequential loss suffered by the Client relying on information included in the artwork prepared by WagTail Designs including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the artwork only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reasons is specifically excluded unless separately agreed in writing.
      
      
    • disclaimer
      • WagTail Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Proposals and offers are valid for a period of thirty days from the date issued. WagTail Designs is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the thirty days that the offer is valid. If an acceptable timetable has not been approved by both parties within thirty days of the offer being made, the offer is deemed to have expired.
      
      
  • intellectual property
    • offers and proposals
      • Offers and proposals made by WagTail Designs to potential clients should be treated as trade secrets and remain the property of WagTail Designs. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from WagTail Designs. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
      
      
    • property rights warranty
      • The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to WagTail Designs for inclusion on the Website. The conclusion of a contract between WagTail Designs and the Client shall be regarded as a guarantee by the Client to WagTail Designs that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of WagTail Designs and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.
      
      
    • licenses
      • All creation files remain the property of WagTail Designs. WagTail Designs shall be free to reproduce, use and distribute any item unless specifically agreed otherwise. Further, WagTail Designs shall be free to use any ideas, concepts, know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products an other items incorporating such information unless specifically agreed otherwise. All artwork created for the Client by WagTail Designs are assigned a license of use. This license of use cannot be transferred to another 3rd party unless otherwise separately stated by WagTail Designs.