Below is R.J De Waal & C.C Mckenzie t/as Unlmtd Agency standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Unlmtd Agency you agree to our Terms and Conditions and you are aware that you are entering a binding contract - payment is required. 

Terms and Conditions

R.J De Waal & C.C Mckenzie t/as Unlmtd Agency

The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of R.J De Waal & C.C Mckenzie t/as Unlmtd Agency,  its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.

General Conditions of Contract

1. These Terms and Conditions cover all Contracts entered by a Client with the Company for services relating to design, printing, copywriting, visual media, websites, brand identity, illustrations, images and photography (collectively referred to as Artwork)

2. These Terms and Conditions are subject to change without notification by the Company. The website will have the most up to date terms under the terms of service tab.

3. These Terms and Conditions apply to the Company and all its contractors and subsidiaries.
   

Proposal, Variations and Guarantee

1. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A Proposal will be constructed through the collection of information and required indicative imagery. This will assist in the evaluation and formulation of the Client’s Proposal based on the business design requirements.

2. If no delivery date for the final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in the proposal; the length of time between consultation and delivery of the final Artwork will not affect the requirement to remit funds on invoicing.

3. The Company offers a set number of revisions to Artwork under the original Proposal.

4. Any additional work, revisions, or variations outside of the original Brief put in Outlign or the Proposal will be charged at the rate of $185 per hour, billed in 1-hour increments. All prices exclude GST. Additional expenses will be charged accordingly.

Quotations

1. Quotations are generated by the Company based on the Proposal and expected time investment. Quotations may be subject to change if additional work is required.

a) All turnaround time indications are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

Payments

1. The Client agrees to pay a 50% deposit of the quoted amount to commence any project, with the balance payable at 25% increments before delivery, and upon final delivery respectively. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by the Client, this deposit is non-refundable.  R.J De Waal & C.C Mckenzie t/as Unlmtd Agency endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by the Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.
   

   (a)If the work time exceeds 4 calendar weeks in duration, the Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
   

2. (b)All printing accounts must be settled in full before the release of the files to the printer. Accounts that are not paid COD will incur a late administration fee of $20 + GST. 

3. (c)Accounts that remain outstanding for 14 days after the due date of invoice will incur an additional late payment fee equivalent to 5% of the total project cost for eachband every week payment is outstanding on a cumulative basis. If payments are not received within 60 days, they will be handed over for collection of payment by Macmillan Lawyers and Advisors and the client agrees to pay Macmillan Lawyers and Advisors fees.

4. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company. 

5. The Company will invoice the Client for the remaining cost of the Artwork and associated services before the commencement of production. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.

6. The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to by both parties in writing.

7. All prices quoted on the Company’s website and advertising material include delivery and exclude GST.

8. All payments are to be made within 14 days of invoicing.

9. The Company reserves the right to delete websites with accounts with more than 90 days of outstanding payment. The Company reserves the right to suspend websites with accounts more than 28 days outstanding payment.
   

Cancellation and Variation Policy

1.   The Company reserves the right to charge additional costs if the Client requests amendments to the original Proposal, the original project outcome is altered, or further Artwork is requested.

2.  If the Client requests the cancellation of a Contract, The Company 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 monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference.

3.  The Company 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. The Company will then invoice the Client for the 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 held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to, design, spelling, grammar, illustrations, images, finishes 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 prints and/or web construction. There will be no reprints or web development at the Company's expense. Printout of Client proof is supplied at the intended final print size (100%) to assist in confirming colours, design, bleed, size, and type.

Submission of Client Artwork

1. Clients who choose to submit their Artwork, files and/or images are solely responsible for the result of printing. Clients are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.
   

2. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
   

3. It is the Client’s responsibility to ensure that any Artwork, images, files, and text submitted does not violate Australian copyright laws. The Company and its contractors assume all written and visual content adheres to copyright laws and 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 the Company. This includes, but is not limited to, logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork before payment is illegal.

2. For more information visit http://www.copyright.org.au/information 

3. Artwork designed will remain the property of the Company until the account is paid in full.  Future re-print requests of the same Artwork will only incur a print management fee. 

4. Upon full payment of the account, the copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.

Printing

1. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is generally 5-10 working days depending on the product type. This period commences on the date of Client approval of Artwork proof and payment.

(a)All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

1. With all printing, there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artwork. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
   

Delivery

1. The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.

Website Design

1. The Client agrees to allow the Company to add a small credit on the Client’s website. This will be in the form of a small line of text placed towards the bottom of the page. 
   

2. The Client also agrees to allow the Company to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes, unless agreed otherwise by both parties in writing beforehand.

Website Design Post-Completion Alterations

1. Upon completion of the website build, the Company will provide the Client with an opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of submission to the Client for review (‘review period’). 

2. The Company can be notified of any minor requested changes by e-mail. The Company will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.

Search Engine Optimisation & Search Engine Listings

1. The Company builds websites according to the trends of SEO at the time of building. We will help you to explore your keywords/key phrases; however final key phrase choice is the responsibility of the Client. 

2. The Company cannot guarantee, and is indemnified by the Client against any claims regarding the following: the presence of Google or search engine listing, the position of the website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of keywords/key phrases. 

3. The Company takes no responsibility for duplicate content found on the Client’s website or if the website is search engine blacklisted due to the written content or images of their site.
   

Technological advancements

1. The Client is to refer to hosting and domain name providers for queries regarding the following services:  Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.
   

2. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning and Email Signatures

3. The Company does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Emails errors of any kind and Email Signatures

4. The Company holds no responsibility if your email addresses are targeted with spam as it is outside of our control. The Company holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.

5. The Company build and design websites to the best of their knowledge at the time of completion. The Company cannot take responsibility if the Client’s site is “hacked”. The Company does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Company does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system. 

CMS Content Management Systems

1. CMS Content Management Systems websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to the Company are the responsibility of the site owner.

2. Websites are built using the latest software available at the time. All website terms and conditions also apply to CMS.

3. The Company does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of the Company.

4. The Company does not hold any responsibility for misuse of the CMS or website.

5. The Company does not back up website content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their website.

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 partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Amendments to these Terms and Conditions

1. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of the Company before the commencement of work.

Last Updated January 1st 2024