Please take time to read through thoroughly and ensure you fully understand the terms and conditions before you commence any services with Fidget Media.
Quotation
Work may begin upon acceptance of quote via signed hardcopy or email (& upon payment of any applicable deposit), at which stage the client accepts our terms & conditions as set out here. All quotations are valid for a period of 10 days from date on quote. Should there be a change or new concept that differs from the initial brief quoted, additional fees will be payable according to time/materials involved, here a new quote may be given.
Deposit
Any job over $200 requires a 25% deposit (paid in cleared funds) before work commences. Payment of graphic design and printing costs must be paid in full within 7 business days of invoicing. Any outstanding invoices must be paid before new work or printing is ordered. All invoices will be emailed to the client. All web design jobs must be paid in full on completion of the job. Web hosting, domain, name and account details are not released to the client until the payment has been received in full (cleared funds) for completion of their website. In the case of ongoing or reoccurring work (website maintenance, magazine production etc…) a monthly retainer may be negotiated which will also be payable within 7 business days of invoicing. Fidget Media accepts payments of cash, direct deposit and credit card.
Cancellations
If a project is cancelled after approval to start and a deposit has been paid, this is nonrefundable and will act as the cancellation fee. However if a proof has been given and the project is then cancelled the full quoted price minus the deposit, will need to be paid by the client. If a project is cancelled after approval to start and no deposit has been paid, you will be charged a cancellation fee of $50. You will remain liable for all fees during any period when services have been discontinued or suspended due to a failure on your part to comply with these terms & conditions.
Suspension of Services
Fidget Media reserves the right to terminate services in any case where you fail to perform your obligations under the terms stated here. In any case where an amount payable is overdue by more than 30 days Fidget Media may terminate your account with final files withheld and refer your debt to a bailiff. Changes Fidget Media has no control and accepts no responsibility over other sites, nor is responsible for changes that may occur to work we have created due to third party changes. A fee will be applied to fix and rectify these problems if they occur.
Web Hosting and Domain Name Registration
If supplied and managed by Fidget Media, domain registration and web hosting costs must be paid in full upon invoice. A reminder to renew services with us will be sent 30 days from expiry. If we do not hear back the domain and hosting will not be service renewed. Fidget Media does not provide these services itself but enlists the services from renowned providers of such services. Fidget Media is therefore not liable for any loss of business, business interruption, loss of business information, or any other form of loss caused by our suppliers. If problems do occur with these services Fidget Media will assist in resolving issues as best we can. Fidget Media can not make any guarantees of the services or the providers. Such guarantees are left up to the providers themselves. If domain registration and web hosting is to be managed by the client then Fidget Media will release the web hosting, domain, name and account details to the client once all costs are paid in full (cleared funds) for completion of their website.
Submitting your own artwork/files/images
Clients who send in their own artwork are fully responsible for the end result of all printing. The artwork must be print-ready with the correct specifications. Fidget Media uses trusted suppliers to supply quality printing services, but will take no responsibility for artwork mistakes*. No refunds or reprints will be given. When submitting your own artwork/files/images it is the clients responsibility to ensure that any files that are submitted do not violate Australian copyright laws. Fidget Media will assume your artwork/files/images are legally yours. The client will indemnify Fidget Media for any claim in relation to any breach of copyright legislation resulting from the clients artwork. Proofing Each job has a maximum of three (3) proofs (unless otherwise indicated on quotation). After the third and final proof no further changes can be made without additional cost. Once a job is declared finished by the client and approved for it is sent to print. Whilst every effort is made to ensure proofs are correct, the final proof reading is the responsibility of the client. This also applies to websites built by Fidget Media. If proofing errors are found after it has been received from the printers then re-printing will be at the expense of the client.
Printing
Fidget Media uses trusted suppliers to supply quality printing services. Fidget Media will do everything it can to resolve printing issues but stresses that the business does not do its own printing so cannot be held accountable for this area and we urge clients to organise work at least 2-3 weeks before it is needed in case of the slim possibility of errors or mishaps somewhere along the work line. The suppliers chosen by Fidget Media do have distinguished reputations in their quality of services.
Shipping
Fidget Media deliver to anywhere in Australia via courier. Some products include delivery if delivery fees apply you will be advised on your quote before job commencement. Fidget Media is not liable for printing products that are damaged, lost or delayed when in transit. Fidget Media does not provide courier insurance.
Liability
Fidget Media cannot be held liable for any loss of business, business interruption, loss of business information, or any other form of loss caused by our work which never goes public* unless it has been approved by the client so the client is held fully liable for their own actions. (*For example, a website that is built but never gained final approval from the client to launch live to the public).
Copyright
Fidget Media retains copyright of all graphics, designs, concepts and images created and used in any work produced until paid for in full by the client. Unused concepts remain the property of Fidget Media. Fidget Media may still use paid-for concepts in its promotional materials and in its design portfolio. In any case Fidget Media retains the right to use any work for portfolio and promotional purposes unless otherwise stated.
Privacy Policy
Fidget Media will never give out or sell any of our client’s information to anyone for any purpose. Any personal and contact details gathered from clients will only ever be used for our own contact purposes.
Miscellaneous
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
Applicable Law
The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
Contacting us
If you have any questions relating to the Terms and Conditions, please contact us via Mobile: 0431114977 or Email: fidget@fidgetmedia.com.au