These are the standard Terms and Conditions of Artek Signs & Design Pty Ltd trading as Artek Signs. Please take the time to read through out Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting services from Artek Signs, you agree to our Terms and Conditions and acknowledge that you are entering into a binding contract - payment is required.

The conditions outlined below are construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Artek Signs, its contractors, subcontractors, and employees unless otherwise agreed to in writing by both parties.

General Conditions of Contract

1. These Terms and Conditions cover all Contracts entered into by a Client with Artek Signs for services related to design, signage, manufacturing, printing, copywriting, visual media, brand identity, illustrations, images, and photography.

2. These Terms and Conditions are subject to change without notification from Artek Signs.

3. These Terms and Conditions apply to Artek Signs and all of its contractors and subsidiaries.

Original Brief, Variations, and Guarantee

1. Artek Signs and the Client will attend an initial consultation at no charge to the Client. This consultation can be held via phone, video conference (such as Zoom), or in person. An (Original Brief) will be constructed through the collection of logos, text, and imagery. This will assist in the evaluation and formulation of the Client’s requirements.

2. If no delivery date for final Artwork is provided and noted during the initial consultation, payment will be required at the times detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.

3. Artek Signs does not offer a set number of revisions to any work undertaken. Revisions are invoiced in addition to any quotations provided and are charged at our hourly rate unless the client requests that revisions be included as part of the project. If this is requested, the quote shall include an allowance for this part of the work.

4. Any additional work, revisions, or variations outside of the original brief or quotation will be charged at our hourly rate, billed in 15-minute increments. All prices exclude GST. Additional expenses will be charged accordingly.

Quotations

1. Quotations are generated by Artek Signs based on the original brief and may be based on an estimate of the time required to complete, or on a base fee determined by Artek Signs which we deem reflects our expertise in order to complete the work required. Quotations may be subject to change if additional work is required.

2. All time quotations are an estimate and are based on calendar working (business) days.

3. All quotations are valid for 30 days from the date issued on the quotation and may be subject to change after this time.

Payment

1. Artek Signs reserves the right to request a deposit from the Client prior to starting work on their project. If a deposit is requested by Artek Signs, an invoice will be generated and delivered to the client via email, and payment must be received before commencement. By remitting deposit funds to Artek Signs, the Client is accepting the Terms and Conditions and entering into a contract with the Company.

2. If a deposit is not requested, the Client is considered to have accepted the Terms and Conditions upon request of services/work from Artek Signs.

3. Artek Signs will invoice the Client for the remaining cost of any works and associated services upon completion of such work and expects the Client to make full payment within 30 days from the invoice date.

4. Artek Signs reserves the right to issue interim invoices for work completed after 30 days, or if the works are expected to take longer to complete.

5. The Client reserves the right to request a payment plan, which may be accepted by Artek Signs at its discretion. All payment plans must be agreed upon in writing by both parties.

6. All prices quoted by Artek Signs include GST and exclude delivery fees.

7. All payments are to be made within 30 days of invoicing.

8. Artek Signs is entitled to charge the Client for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

9. Artek Signs retains ownership of all works until full payment is received.

Cancellation and Variation Policy

1. Artek Signs reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, alters the original project outcome, or requests additional works – refer to clause (5).

2. If the Client requests the cancellation of a Contract, Artek Signs will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date. a) If the determined amount payable is less than the deposit paid, a refund will be issued by Artek Signs to the Client for the difference.

3. Artek Signs will declare a project completed if no response is received from the Client within 30 days of providing a concept Artwork, and this Artwork will be determined as the final accepted Artwork. Artek Signs will then invoice the Client for final payment of the total project, and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.

Approving Proofs/Designs/Printing

1. The Client is 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. a) The Client’s final accepted proof is the artwork that will be submitted for print and/or digital files. There will be no reprints at our expense. You shall indemnify Artek Signs, its directors, and representatives from and against all actions, claims, damages, liabilities, or costs (including legal costs) arising from, or directly or indirectly related to, the provision of Materials, use of Services by you or anyone else, or otherwise arising.

Limitation of Liability

1. The Client agrees and accepts that Artek Signs is not legally responsible for any loss or damage suffered or incurred related to the use of any of the services carried out by Artek Signs, whether from amendments, errors, or omissions in documents, designs, information, or any goods or services offered by Artek Signs. This includes the Client's use or reliance on any third-party content, links, comments, or advertisements. The Client's use of, or reliance on, any information or materials Artek Signs produces, amends, or designs is entirely at their own risk, for which we shall not be liable.

2. It shall be the Client’s own responsibility to ensure that any products, services, or information you use meet their specific requirements.

3. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly excludes the liability of Artek Signs for any such inaccuracies or errors to the fullest extent permitted by law.

Submission Content by the Client for Inclusion in Artwork

1. Clients who choose to submit their own files/images/barcodes, etc., are solely responsible for the way they appear on the final printing. Customers are reminded to submit high-resolution files to the correct specifications. Artek Signs is not responsible for artwork mistakes. Artek Signs is also not liable for supplied file errors. There will be no reprints at our expense.

2. It is the Client’s responsibility to ensure that any Artwork, images, files, and text submitted do not violate Australian copyright laws. Artek Signs and its contractors assume all written and visual content adheres to copyright laws and that all correct permissions have been sought and/or royalties paid for use.

Copyright

1. Ownership of copyright over all concepts and draft artwork remains with Artek Signs. This includes, but is not limited to, logos, symbols, illustrations, compositions, and photography. Unlawful use of these Artworks or their individual parts by the Client is strictly prohibited without written consent from Artek Signs. The use of them prior to payment is illegal.

2. For more information, visit Copyright Australia.

3. Artwork designed and all manufactured items will remain the property of Artek Signs until the account is paid in full. Upon full payment of the account, copyright and product ownership will be transferred to the Client.

4. Artek Signs and their designers retain rights to utilize Artwork and all design elements for portfolio/self-promotion/award entries.

5. The Company does not take any responsibility for trademarking of any kind. It is up to the Client to check trademark laws and existing trademarks for availability.

In-House Production

1. Artek Signs will provide an estimated time for the turnaround of all works. This may vary depending on the complexity and finishing requirements of each job. Production will not commence until the Client has provided written approval of the artwork as a PDF and confirmed the quantity.

2. All time quotations are an estimate and are based on calendar working (business) days. No production, artwork, and delivery dates are guaranteed and can vary.

3. With all printing, some colour variations may occur from the electronic visual representations of artwork, in-house digital print copies, and previous print orders to the final printed artworks. This is due to the nature of printing processes. There will be no reprints at our expense.

Delivery

1. All courier and postal fees will be passed on to the Client and appear on invoices as completed.

2. Although the utmost care will be taken to ensure the products arrive on time and undamaged, Artek Signs cannot be held liable for printing products which are damaged, lost, or delayed when delivered by post or courier.

Force Majeure

1. The Company shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or Prtly due to any cause or circumstances whatsoever outside the reasonable control of Artek Signs including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to 3rd party suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.