| |
|
|
|
Copyright
This web site including all data and images is protected by copyright. Any use without permission is illegal.
Privacy
You may visit this web site without revealing your identity. The electronic trail you leave includes ISP, the linking web site, the pages you consulted within decorate.com.au.
Media Library Code of Ethics
1/ In principle we will use wholesalers’ images in ways that benefit their company and brands.
We recognise the effort and expense that goes into creating a product photo library and do everything
we can to protect the copyright whilst actively promoting the pictures.
2/ We ask our clients to contact suppliers prior to publishing photography, images or brands to web or print, as it is their responsibility to get approval for use of wholesaler photography.
In each case, we act under instruction from our client – any breach of copyright across any media provided by decorate.com.au is the responsibility of our client.
3/ Where use of images or photography is refused, we withhold access.
4/ Where images or photography are provided with an accompanying watermark or logo as a condition of use we always create the final art including same.
5/ We advertise the fact that we hold suppliers photography in our library, within the trade.
This allows our clients to access all the leading suppliers photography and images from one source.
This is convenient and cost effective for our clients, us and the suppliers.
6/ We actively manage suppliers photography in certain cases.
7/ We actively promote suppliers products on our web site, print & advertising media in certain cases.
8/ Decorate.com.au website and email hosting is typically up 99% of the time. We do not guarantee 100% uptime for hosting or email. We invite clients to call us if they suspect there is.
Payment Terms
Where print, advertising and/or web work has been completed for a client, but has not been paid for seven(7) days from invoice, we reserve the right to recover the outstanding balances in any way we see fit; including debt collection, picking up printed material, suspension of web or email hosting, domains and e-mail, forwarding domains to decorate.com.au, selling or auctioning domain names etc.
TERMS AND CONDITIONS
Agreement between decorate.com.au and business or individual identified on any project/work.
The client is subject to the following terms and conditions:
GENERAL WORKING AGREEMENT – This document defines the terms and
conditions of our working relationship. All projects or services that decorate.com.au may be
contracted to produce or provide for CLIENT will be subject to the following:
WORKING/BILLING PHASES – Based on our experience with long-term design
communications projects, we have found that it is mutually advantageous to handle
each project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes
makes it impossible to accurately estimate in advance the total cost of a project.
Planning the work, cost estimating, and billing in several phases permits decorate.com.au or
CLIENT to adjust for such revisions/or halt work before completion if a project is
postponed or canceled. Any canceled project is billed only through phases and/or
portions of phases that were actually completed by decorate.com.au. For each project,
CLIENT will receive a proposal/estimate outlining the project specifications and our
proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and
separate itemized costs for anticipated out-of-pocket expenses.
We will begin work upon the decorate.com.au receiving a signed copy or payment of a
deposit. The signed quotation or deposit received will constitute an enforceable
agreement between us.
PAYMENT/ESTIMATES – CLIENT agrees to pay decorate.com.au in accordance with the
terms specified in each quotation.
Unless otherwise specified, all subsequent balances due are payable upon art approval.
Interest on past due balances is 18% per annum or 1.5% per month. We reserve the
right to refuse completion or delivery of work until past due balances are paid.
Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date
on quotation. Client requested changes will be billed additionally. The client will be
notified of any price changes.
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside
purchases such as, but not limited to, printing, photography, color printouts, laminating,
illustrations, separations, shipping and handling or courier service. Expenses are
itemized on each invoice. Expenses are subject to Goods & Services Tax.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by
decorate.com.au after a proposal/estimate has been approved is considered a revision or
alteration. If the job changes to an extent that substantially alters the specifications
described in the original estimate, we will submit a proposal revision memo to you, and
a revised additional fee must be agreed to by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts or mechanicals are
completed are billed at standard hourly rates.
OVERTIME – Estimates are based on a reasonable time schedule, and may be revised
to take into consideration your “Priority Scheduling” requests requiring overtime and
weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In
addition, some third party suppliers may charge penalty fees for urgent printing and
work done out of hours.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us
regarding preparation of materials and must be able to substantiate all claims and
representations. You are responsible for all trademark, service mark, copyright and
patent infringement clearances. You are also responsible for arranging, prior to
publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully
for accuracy in all respects, ranging from spelling to technical illustrations. decorate.com.au is
not liable for errors or omissions. Your signature or that of your authorized
representative is required on all mechanicals or artwork prior to release for printing or
other implementation.
TELECOMMUNICATIONS – CLIENT shall pay for all transmissions charges. The
decorate.com.au is not responsible for any errors, omissions or extra costs resulting from
faults in the telephone, cable, satellite network or from incompatibility between the
sending and receiving equipment.
OVER RUNS AND UNDER RUNS – The CLIENT will accept over runs or under runs
that do not exceed 5% of the quantity ordered on all jobs. The decorate.com.au will bill for
actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed
quantity, the percentage of tolerance must be stated at the time of quotation.
PLACEMENT OF ADVERTISING – At your request, we will purchase media space on
your behalf through our media division. Space will be billed to you at current rates plus
the standard agency commission.
INSPECTION OF BOOKS – Upon reasonable notice, any and all invoices from our
vendors, time sheets and other documentation relating to your account will be available
to you. Inspection at our studio by your authorized representative may be arranged
during normal business hours.
PROPERTY AND SUPPLIER’S PERFORMANCE – decorate.com.au will take all reasonable
precautions to safeguard the property you entrust to us. In the absence of negligence on
our part, however, we are not responsible for loss, destruction or damage or
unauthorized use by others of such property. We will use our best efforts to ensure
quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise
reproduced) pieces. Although we may use our best efforts to guard against any loss to
you through the failure of our vendors, media, or others to perform in accordance with
their commitments, decorate.com.au is not responsible for failure on their part.
If you select your own vendors, other than those recommended by us, you may request
that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in
anyway be held responsible for quality, price, performance or delivery.
LIEN – All materials or property belonging to the CLIENT, as well as work performed,
may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP -
According to the Copy right Act of 1968 (Commonwealth), the rights to all design and art
work, including but not limited to photography and or illustration created by independent
photographers or illustrators retained by decorate.com.au, or purchased from a stock agency
on your behalf, remain with the individual designer, artist, photographer or illustrator.
Unless a purchase of “All Rights” (A Buyout) is negotiated with decorate.com.au and/or
his/her authorized representative, you may not use or reproduce the design or the
images therein for a purpose other than the one(s) originally stipulated. If you wish to
use the design we have created and/or the images within it for another purpose or
project, including a reprint or exhibition, you must contact us to arrange the transfer of
rights and any additional fees before proceeding. If printing or other implementation is
done through your vendors, you agree to return to us all our original mechanicals and
artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us
with printed samples of each project.
We reserve the right to photograph and/or distribute or publish for our firms promotional
and marketing needs any work we create for you, including mock-ups and
comprehensive presentations, as samples for our portfolio, firm news letter, brochures,
slide presentations and similar media. We agree to store mechanical boards and
computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we
reserve the right to discard them.
TERM AND TERMINATION – The term of this agreement will continue for work in
progress until terminated by either of us upon thirty (30) days written notice. If you
should direct us at any time to cancel, terminate or “put on hold” any previously
authorized purchase, we will promptly do so, provided you hold us harmless for any cost
incurred as a result.
Upon termination of this agreement, decorate.com.au will transfer to CLIENT all your
property and materials in our control and for which you have paid. CLIENT will indemnify
and hold decorate.com.au harmless for any loss or expense (including legal fees), and agree
to defend decorate.com.au in any actual suit, claim or action arising in any way from our
working relationship. This includes, but is not limited to assertations made against
CLIENT and any of its products and services arising from the publication of materials
that we prepare and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered
to by both CLIENT and decorate.com.au, provided that neither shall incur any
liability, penalty or additional cost due to delays caused by a state of war, riot, civil
disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown,
delays in shipment by suppliers or carriers, action of government or civil authority, and
acts of God or other causes beyond the control of the Client or the Designer. Where
production schedules are not adhered to by the Client, final delivery date or dates will be
adjusted accordingly.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be
interpreted in accordance with the laws of Australia and of the State of New South
Wales applicable to agreements entered into and performed in the State of New South
Wales. This agreement is our entire understanding and may not be modified in any
respect except in an executed agreement.
If we must retain solicitors to collect our invoices, we will be entitled to reasonable legal
fees, court costs, and interest at the maximum rate permitted by law.
|
|
|
