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Full Terms

Full Terms of Business with StarScribe Productions

STANDARD TERMS OF BUSINESS: StarScribe Productions Pty Ltd

Advertising Terms:

1. Unless otherwise agreed in writing, these are the terms of business of StarScribe Productions (“the Studio”) and shall apply to all work undertaken by the Studio for (“the Client”).

2. Quotes. Quotes are based on comprehensive design briefs written and approved before design work commences. Where verbal instructions only are received from the Client the Studio shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.

3. Estimates. The Studio issues estimates. These estimates are subject to revision due to suppliers’ increased charges or changes in the Client’s specifications or brief in the course of production. Estimates exceeding 30 days are subject to alteration at the sole discretion of the Studio.

4. Basis of Quotes and Estimates. Quotes and estimates are based on FINAL APPROVED COPY supplied as hardcopy and electronically, before design work commences. Data entry and/or file conversion is available at an additional cost.

5. Variations. All variations to instructions given by the Client to the Studio and all variations to quotations and estimates must be in writing.

6. Official Orders. The Studio requires an official order or written confirmation for all goods and services prior to commissioning supplies. The Client agrees to ensure that the Studio receives any necessary official orders or written confirmations when requested by the Studio. The Studio will not be responsible for any delay to the production schedule caused by the Client’s failure to supply an official order or written confirmation when requested.

7. Suppliers. All orders placed by the Studio with suppliers will be placed on the Client’s behalf according to the terms of business laid down by the suppliers. The Client is to be considered bound by the suppliers’ terms and agrees to reimburse the Studio for any suppliers’ costs borne by the Studio. The Studio will make every effort to obtain the best results from suppliers but will accept no responsibility for imperfect or unsuitable work or delay caused by suppliers.

8. Proofs. The Client’s corrections to the first proof and any subsequent proofs, including alterations in style, will result in an additional charge. Proofs of all work may be submitted for the Client’s approval and no responsibility will be accepted for any errors in proofs which have been approved by the Client and returned to the Studio. In‑cases where the Client is not able to proof material and/or requests that the Studio proof the material on behalf of the Client, the Studio will exercise due care but will not accept responsibility for any errors.

9. Photography. When photography is commissioned the Studio undertakes to sell the Client the rights of reproduction for the particular photograph or photographs used for the use stipulated in the agreement­. Mounting, retouching, or other forms of presentation will be carried out only at the Client’s request and will be charged for. The Studio will execute model release forms on the Client’s behalf. These release forms cover the majority of risks generally recognised. The Studio accepts no responsibility for any claims or proceedings of any nature whatsoever arising from the use of photography by the Client.

10. Illustration. When illustration is commisioned the Studio undertakes to sell the Client the rights of reproduction of the illustration for the use stipulated in the agreement. The illustration and full copyright/reproduction rights may be purchased by the client for a further fee.

11. Expedited Delivery. Should delivery of the work be required sooner than the normal time required for its proper production or sooner than originally agreed with the Client, every effort will be made to prevent defects, but reasonable allowances must be made by the Client in such cases. Should such delivery necessitate overtime being worked or other additional costs being incurred, a charge will be made to cover the increased costs. The amount of this charge will be at the sole discretion of the Studio.

12. Quantity of Delivery. Every endeavour will be made to deliver the correct quantity ordered but, owing to the difficulty of producing exact quantities, quotations, estimates and verbal orders are conditional upon a margin of 10% being allowed for greater or lesser quantities, the cost of which will be charged for or deducted on a material cost basis.

13. Deletion and Disposal of Work. Artwork and data may be deleted from the Studio’s computer system and/or other work disposed of immediately after the order is executed, unless written arrangements are made to the contrary. A fee may be charged for archiving artwork and data.

14. Client’s Property. If the Client supplies materials (including but not limited to artwork) to the Studio all due care will be taken however, they will be held at the Client’s risk and the Studio will accept no responsibility for them. If the Client supplies materials to the Studio to be used by the Studio for the work being done for the Client, every care will be taken to secure the best results but responsibility will not be accepted for any imperfect work caused by defects in or the unsuitability of the materials supplied.

15. Consequential Loss. Responsibility will not be accepted by the Studio for consequential loss or damage to the Client occasioned by delay in delivery or for any other reason.

16. Force Majeure. The Studio will make every effort to carry out the work, but the due performance of it is subject to variation or cancellation owing to an act of nature, war, strikes, lockout, fire, flood, drought or any other cause beyond the control of the Studio, or owing to an inability to procure materials or articles except at increased prices due to any of the foregoing causes.

17. Acceptance. Acceptance of the Studio’s quotation or estimate shall be an acceptance of these terms and conditions, notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the client’s order, unless otherwise expressly agreed by the Studio in writing.

18. Copyright & Ownership. Presentations, designs, typesetting, illustrations, finished art, tapes, electronic storage media and all associated visual or audio material and the concepts contained in all of them remain the property of the Studio. Copyright is vested in the Studio. Unless otherwise expressly agreed the payment of a fee for a proposal or presentation is not in consideration for the use of the idea, graphics or technique. When payment of a fee is made in consideration for the use of the idea, graphics, or technique, copyright remains with the Studio unless otherwise mutually agreed.

19. Preliminary Work. Work produced, whether experimentally or otherwise at the Client’s request will be charged to and paid for by the Client.

20. Repeat Fees. If a campaign, presentation or any other work done by the Studio is used more than once utilising the same or substantially the same technique and mechanics as the Studio’s originally executed recommendation then the Client will pay a repeat fee which will be 50% of the original fee for each additional time the campaign, presentation or other work is used.

21. Termination. The Studio’s provision of services may be terminated by either the Studio or the Client giving 14 days written notice.

22. Cancellation. When work is carried out pursuant to the Client’s instructions and is subsequently not progressed for any reason whatsoever including cancellation of the order by the Client or the Studio, the Studio will charge for the work which it has already done.

23. Settlement of Accounts. The terms of payment is at the sole discretion of the Studio and may include payment upon collection by the Client. All accounts with the Studio will be settled in full within seven (7) days from the date of invoice. The Studio reserves the right to invoice the Client for progress payments where completion of a commission exceeds 14 days. The Studio reserves the right to charge 5% interest per month on all overdue amounts. This additional charge for late payment will be compounded monthly.

24. Artwork Files. Source files created in the process of delivering the end product remain the property of Sodium Creative. They are not included in the quoted price unless specifically identified and costed. Buy Out and supply of authoring files is available at 50% of the cost of the project but this does not include the typefaces [fonts] used. Hard costs in the preparation and supply and delivery of files will be borne by the Client.

25. Self Promotion. The Studio reserves the right to promote its services with any Client commissioned works.

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