Terms and Conditions
It is vital that you read and fully understand these terms and conditions
and their implications before commencing any project with Pixel to Print.
At Pixel to Print, we do our best to fulfil your needs and meet your goals, that’s why we insist on having a few things written down so that we both know what’s what, who should do what and what happens if something goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We want what’s best for the safety of both parties, now and in the future.
WHAT DO BOTH PARTIES AGREE TO DO?
You are hiring Pixel to Print to deliver creative services with project management for the estimated total price outlined in the approved proposal. Written quote approval sent to Pixel to Print constitutes agreement to these terms and conditions. Of course it’s a little more complicated, but we’ll get to that....
This document defines the terms and conditions of our working relationship. All services that Pixel to Print (hereafter referred to as “PtP”, “we” or “us”) may be contracted to produce or provide for you (henceforth referred to as “you” or “the client”) will be subject to the following:
Pixel to Print is not responsible for writing or inputting any text copy unless specified in the original quotation. We’re happy to help if you request it, however please note this service will incur an additional fee for standard copywriting or content input.
All images must be supplied by you in digital format. If you do not own suitable images PtP may charge an additional fee for sourcing and/or purchasing stock images. Or recommend stock websites that you can peruse yourself. Any time spent searching for appropriate stock will be charged at an hourly rate.
PROOF AND REVISION
Your quote is based on the amount of work PtP estimates we’ll need to accomplish everything that you have told us you want to achieve. After we’ve agreed on your design brief – PtP will create concepts for the overall look-and-feel of your project. This generally includes one or two main designs plus the opportunity for you to make up to two rounds of revisions.
Change of mind or expanding the scope of the quote shouldn’t be an issue, however you will be charged accordingly. This additional work may affect deadlines. PtP will be up front about all of this if/and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or function of the project changes significantly throughout the creative process, we reserve the right to invoice to in full for all the work we have done to date before continuing with further work.
APPROVAL OF ARTWORK
While PtP takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information in the final product after the artwork has been approved by you (approval must be given in writing), committed to print or posted in view of the public.
It is your responsibility to proof read and approve all content and layout before production. No refunds or reprints are given after a final approved design has gone to print due to oversights by “The Client’s” proof reading. It is the sole responsibility of the client to notify PtP of any such errors before the final files have been generated. PtP will not be held responsible for alterations made after approval.
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 and previous orders. This is due to the nature of CMYK printing, RGB screen previews and bulk-run printing. There will be no reprints at the expense of Pixel to Print.
We’ll give you a copy of all purchased files to keep for in-house and professional use in the future. You should store them safely as PtP is not required to keep them or provide any native source files we used to make them. That’s why PtP offer data storage as part of our print management service. This keeps your design files safe and accessible when you place an order with us.
If you lose or accidentally delete the files delivered by PtP at the completion of the project, PtP can search arhcives, package and reupload to Hightail, for a fee of $50 per request (plus GST if applicable). Providing the request from the “Client” has been made within 2 years from the date of completion. If any client artwork is required on CD/DVD or USB, additional hardware and/or postage will be payable.
You guarantee to us that any elements of text, graphics, photos, trademarks, or other artwork that you provide us for inclusion in the project are either owned by your good selves, or that you have permission to use them.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of PtP till such time an agreement is in place. The copyright licence is automatically released to the client on receipt of final payment for the commissioned work.
WHO OWNS THE ARTWORK?
PtP retains full ownership of design concepts and certain elements used to complete your project including fonts, patterns, stock images, textures, colour palettes and other non exclusive items. When we receive your final payment, copyright is automatically assigned as follows:
You own the purchased graphics and materials outlined in your final invoice. Unused concepts remain the property of PtP. Reproduction rights for all final designs created by PtP will be for the original brief purpose only. For additional usage a price will be assessed as needed.
SHOWCASING OUR WORK
We love to show off our work and share what we have learned with other people, so we reserve the right use all artwork produced in the course of the project (including concepts not selected) and revisions for the purposes of promoting PtP in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise. PtP acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Unless the client requests otherwise, PtP retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
It is agreed that PtP shall not at any time either during the continuance of our working relationship or thereafter, except in the course of our duties, divulge any of your confidential affairs, or associated companies to anyone whatsoever without your previous written consent All contractors employed by PtP are held to a strict confidentiality and nondisclosure agreement.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. All printing accounts must be settled in full prior to the release of the files to the printer. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company. Publication and/or release of work by PtP may not take place until final payments have been received.
In the event of the client cancelling a project after we have started, you will be invoiced to date. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs and/or third party charges.
AMENDMENTS TO T&C
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by PtP prior to the commencement or continuation of creative services.
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such PtP take every possible care with the professional advice offered and the suggested creative concepts and/or their implementation, however PtP cannot be held responsible for variations between your expectation and the final outcome.
We can’t guarantee that the content and overall message contained in any client design, web and/or printed collateral will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the failure to meet final print deadlines due to approval delays, operation of or inability to operate a website and any other web pages (even if you have advised us of the possibilities of such damages).
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document. By starting a project with Pixel to Print, the client accepts these Terms and Conditions.
Phew! That’s all Folks!
Thanks for taking the time to read this agreement and please contact Pixel to Print if you require further clarification.