Terms and Conditions
In these terms and conditions “the Customer” means the person, firm or company who commissions the services of Black Rock Digital “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following conditions:
All prices quoted are exclusive of GST For each project, the Customer will receive an estimate outlining the project specifications and estimated fees for our time based on the Company’s current hourly rate and, where appropriate, any goods and professional services commissioned by the Company in order to complete the project. Work will begin upon the Customer’s written approval of the estimate and this will constitute an agreement. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for 15 working days from the date on the estimate.
We aren't a company that chases people for money. However if a Customer refuses to pay an invoice, following a number of gentle reminders, then the Company reserve the right to remove the Customers website and replace it with a page alerting potential customers to the fact that Customer has not paid their account. This will only happen if a Customer has repeatedly confirmed they will pay their account, but has never followed through on such a promise.
4. TIMESCALES, REVISIONS & ALTERATIONS
The Customer agrees to provide the Company with all the necessary information they require to progress the project in a reasonable timescale. Delays of more than 15 working days by the Customer to provide the necessary information will constitute a breach of contract. The Company reserves the right in such circumstances to terminate the contract and recover the total cost of the project.
New work requested by the Customer and performed by the Company 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 revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. When contact reports are issued by the Company’s staff of meetings between the Customer and the Company the contents will be taken to be a correct record of the meeting to which it refers if it is not questioned by the Customer within three working days of its receipt. Author’s alterations or changes to copy or content requested after the artwork is completed are billed at our standard hourly rates.
5. OVERTIME & RUSHED ORDERS
Estimates are based on a reasonable time schedule and may be revised to take into consideration Customer’s “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of deadlines is essential to provide an accurate estimate. In addition suppliers may mark up their charges in respect of work required in a rush and these will be charged for.
6. EXCLUSION OF LIABILITY
Under no circumstances whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.
7. COPY & PROPERTY BELONGING TO OTHERS
The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, and usage or royalty payments.
8. ERRORS & OMISSIONS
It is the Customer’s responsibility to check proofs carefully for accuracy in all respects including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his authorized representative or electronic approval is required on all proofs or artwork prior to release for printing or other implementation.
9. PROPERTY & SUPPLIERS PERFORMANCE
The Company will take all reasonable precautions to safeguard property entrusted to it. In the absence of negligence on its part, however, the Company is not responsible for loss, destruction or damage or unauthorized use by others of such property. The Company will use its best efforts to ensure quality and timely delivery of all artwork, printed matter and other materials. The Company will use its best efforts to guard against any loss arising from the failure of its suppliers, media, or others to perform in accordance with their commitments but the Company is not responsible for failure on their part. The Company cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents.
10. RIGHTS OF OWNERSHIP
Once a project has been delivered by the Company and is fully paid for by the Customer, the Company will assign the reproduction rights of the design for the use(s) described in the proposal. The rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators commissioned by the Company, or purchased from a stock agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator or their agents. The Customer may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated unless a transfer of rights and the payment of any additional fees has been made. The Company reserves the right to photograph and/or distribute or publish for its promotional and marketing needs any work created, including roughs, visuals, mock-ups and presentations, as samples, Company newsletter, brochures, presentations and website and for entry for awards. The Company will endeavour to store files on computer disks for a period of 6 months beyond the delivery of a job, thereupon the Company reserves the right to discard them without notice.
Should you decide to transfer your site to a different host or web client, we will aim to complete that process in 7 working days. There is a one-off transfer cost of $250 + gst. This fee covers the time this process takes at our end, as we have work to do to facilitate the transfer, MX records, email settings and other additional settings need to be changed to change the ownership of any website and domain. No site will be transferred until all outstanding invoices relating to the site in question have been paid in full.
The validity and enforce-ability of this agreement will be interpreted in accordance with the laws of Australia but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.