Terms and conditions of service
• INVOICING AND TERMS: Design Nation Pty Ltd trading as dna creative will invoice clients at the completion of each stage of a project, and may also invoice concept and photography costs in advance. Terms are strictly 14 calendar days from date of invoice when paid on a progress payment basis or strictly 30 calendar days from date of invoice in all other cases. Any errors or omissions must be notified within 7 calendar days. As well as the 5% service fee mentioned below, interest at the prevailing bank overdraft rate is payable on invoices outstanding after 30 days.
• SERVICE FEES: A service fee of 5% of invoice total is payable unless fees are remitted on a scheduled retainer or progress payment basis, or are received and banked by DesignNation trading as dna creative within 14 days inclusive of the date of invoice. Clients choosing to pay the 5% service fee are not entitled to delay payment beyond 30 days, and in addition to the 5% service fee interest is payable if settlement is not received after 30 days.
• CONCEPT FEES quoted in any estimate are for the time and work involved, and are payable whether or not client proceeds with the concept(s). Presentation of concept visuals and written documents does not confer ownership, copyright, reproduction, moral or any other rights on the client. Concept visuals contain original illustrations, graphics and photography which remain the the sole property of DesignNation and/or their creators until fees for their further development and usage are negotiated and paid by the client.
• PHOTOGRAPHY AND ILLUSTRATIONS commissioned or sourced by us on behalf of clients remain the property of the photographer, illustrator or library concerned, subject to a photographic or image rights contract, with the client paying for the usage and reproduction rights for a particular project within the Commonwealth of Australia for one year from publication unless otherwise agreed in writing. Any original transparencies or artwork lost or damaged by clients’ production houses or printers will be charged at replacement value.
• COPYRIGHT AND OWNERSHIP OF FINAL PRODUCT: Ownership of a particular printed publication, videotape master, film print, digital interface or other finished product of our work resides with the client once payment in full of relevant invoices has been made. This does not confer copyright on the client, and the ownership is only of a specific finished product, for the stated usage within the Commonwealth of Australia. Since the Copyright Act was modified in August 1998 copyright automatically resides with the creator unless it is assigned in writing to the client. The client does not acquire ownership of the ideas, the intellectual property, the digital files or component parts of such files, including fonts, images or graphic elements created by DesignNation trading as dna creative or its creative suppliers, and the client has no right to sell or supply these to any other party or organisation for any other purpose without permission. If digital files are supplied to clients or their suppliers these do not become the property of the client, with the exception of corporate logos created specifically as a registerable trade mark for that client within the Commonwealth of Australia. Usages other than the stated purpose constitute an infringement of copyright unless new usage rights are assigned in writing by Design Nation Pty Ltd trading as dna creative. We reserve all copyright, intellectual property and moral rights on digital files created by us, and if archived copies of such files are required for future work we may make additional usage charges to the client. We reserve the right to exhibit and incorporate into portfolios and self-promotional brochures any original design work that we do, including a specific finished product owned by the client. In the event of non-payment of fees invoiced by us, Design Nation Pty Ltd trading as dna creative will retain sole ownership of the finished product as well as its copyright, and if materials derived from these are used by clients or their representatives, legal action for breach of copyright, in addition to recovery of fees, will be taken.
ALL COURIERS AND TRAVEL COSTS will be charged at cost as extras.
• CHANGES TO BRIEF: This estimate is based on your supplied specs or outline brief, and is subject to sight of final brief. Any major changes to the brief, and major changes to pictures, text or layout after approval of initial concepts, will be deemed authors changes. Typographical changes after 3rd proof corrections have been done will also be deemed authors changes. These will be clearly flagged and charged as extras at the rate relevant to that activity.
• ACCEPTANCE OF TERMS: If a written or faxed purchase order is not provided and the client provides a verbal go-ahead, that constitutes full acceptance of all fees, terms and conditions herein contained. Please include accurate dimensions and any other technical information relevant to the job. Where we are supplying artwork on disc or film separations to your nominated printer or or supplier, a written or faxed printer’s imposition and technical specifications is required.
• DESIGN NATION PTY LTD trading as dna creative makes every effort to work at the highest level of accuracy and quality in everything that we do. We do not undertake projects that we regard as untruthful, sexist, racist or likely to promote environmental damage. We do not accept responsibility for omissions or errors caused by factors beyond our control.