Marketing Agency

Terms & Conditions

Understanding our partnership guidelines

Please read our Terms & Conditions before commencing any project with Qualiart Creative & Marketing Agency

All Clients are required to read our terms in full and agree before commencing any work. These Terms & Conditions are part of our engagement process with any business and apply regardless of job size or scale. We (Qualiart Agency) assume that by accepting a quote, you have read these Terms & Conditions in full, as set out below.

1. Introduction

The following conditions have been construed under Australian and Queensland Law and apply to all individuals, businesses, or companies (Client/s) engaging the services of Qualiart Creative & Marketing Agency, its contractors, subcontractors, and employees (Qualiart Agency), unless otherwise agreed to in writing by both parties.

We (Qualiart Agency) are dedicated to understanding our Client’s businesses and helping them grow at scale. We work well with our Clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions.

By hiring services from Qualiart Agency, you as (Client) company director and/or its representative, agree to the Terms and Conditions and hereby commission Qualiart Creative & Marketing Agency to perform duties outlined in the verbal/written brief. You also agree that these Terms and Conditions will apply to any additional work/projects requested by you or a member of your company/organisation in the form of an ongoing business working relationship until both parties determine otherwise.

You (Client) are hiring us (Qualiart Agency) to plan, develop, and implement creative and marketing solutions – estimates displayed on our website and mainly in a quote/proposal. These Terms and Conditions cover all work entered into by the Client with Qualiart Agency for services relating to graphic design, web design, branding, digital marketing, social media services, and marketing consultancy. This also applies to all contractors and subsidiaries.

You (Client) agree to be bound by these Terms which form a binding contractual agreement between you and us, Qualiart Creative & Marketing Agency (ABN 58 926 512 554).

Qualiart may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

The Frequently Asked Questions are part of these Terms and Conditions and should be reviewed as they provide additional information and clarifications.

Additionally, these Terms and Conditions comply with the Australian Consumer Law (ACL) as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any relevant Queensland laws pertaining to marketing and advertising practices. This ensures that all services provided by Qualiart Agency meet the required standards and offer protections for both parties involved in the business relationship.

2. What Do Both Parties Agree To Do

You (Client) confirm that you have the authority to enter into these Terms and Conditions on behalf of yourself, your company, or your organisation. You agree to provide us (Qualiart Agency) with the necessary information required to complete the project in a timely manner and in the format requested. Deadlines are mutual commitments; therefore, you will adhere to the dates set collaboratively. Additionally, you agree to make full or partial upfront payments as stipulated in these Terms and Conditions.

We (Qualiart Agency) commit to leveraging our experience and skills to fulfil our agreed obligations professionally and promptly. We will make every effort to meet all established deadlines and ensure the confidentiality of all information you provide.

Additional Clauses Related to Australian Marketing Agencies and Laws

  • Compliance with Australian Consumer Law (ACL): Both parties agree to conduct their business in accordance with the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). This ensures that all services provided are fair, transparent, and protect the consumer’s rights.

  • Confidentiality and Privacy: We will maintain the confidentiality of all sensitive information you provide. Our privacy practices comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). We will not disclose any confidential information without your consent, except as required by law.

  • Intellectual Property: Any intellectual property created during the course of the project shall remain the property of Qualiart Agency until full payment is received. Upon full payment, intellectual property rights will be transferred to you, the Client. Both parties must respect existing intellectual property laws as governed by the Copyright Act 1968 (Cth).

  • Dispute Resolution: In the event of a dispute arising out of or relating to these Terms and Conditions, both parties agree to engage in good faith negotiations to resolve the dispute before pursuing other means such as mediation or arbitration in accordance with the laws of Queensland.

  • Liability: Our liability for any breach of these Terms and Conditions, including any implied warranties, is limited to the resupply of services or the cost of resupplying the services. We are not liable for any indirect or consequential losses arising from our services.

  • Force Majeure: Neither party will be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, or government restrictions.

3. Agreement

3.1 No work will commence without a signed quote/proposal or written confirmation.

3.2 The Client agrees to provide written approval of our provided quotation before any work is commenced.

3.3 The response to the email proposal and/or the filled form by the Client must indicate acceptance of these Terms. The action of sending and receipt of this agreement will hold both parties in acceptance of these Terms.

3.4 Qualiart Agency as the sender and the Client as the recipient will acknowledge acceptance of these terms either through an email noting acceptance or by commencing work on the said project.

3.5 Legal Compliance and Liability
We (Qualiart Agency) cannot guarantee that our work will be error-free and thus cannot be held liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages, even if you have advised us of them. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Both parties agree to comply with all applicable Australian and Queensland laws and regulations.

3.6 Agreement Modification
Modifications of the Terms must be documented in writing and authorised by both parties. The Client is responsible for approving all aspects of the project and ensuring accuracy and suitability. This includes, but is not limited to, design, spelling, grammar, illustrations, images, and quantities. While every effort is made for accuracy, your approval to proceed constitutes acceptance of full responsibility for any errors or omissions within the project. Qualiart Agency will not accept liability for errors overlooked at the final project stage.

3.7 Project Suspension or Termination
We (Qualiart Agency) reserve the right to suspend or terminate any project if the Client engages in excessive micromanaging, demonstrates a continued lack of trust, or is unable to move forward after reviewing more than a reasonable number of unique project ideas or concepts. In the event of suspension or termination, all projects and work developed remain the full ownership of Qualiart Agency until full payment is received.

3.8 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Queensland.

4 Project Scope

4.1 Initial Quotation
Qualiart Agency provides the quotation based on our best understanding of the initial project scope and requirements gleaned during our conversations and meetings to date. If there are any inaccuracies, please notify Qualiart Agency so that we can make the necessary adjustments. Once the quotation is approved, if there are any changes or alterations beyond the scope outlined in this proposal, additional costs may be incurred.

4.2 Scope Changes
Qualiart Agency will provide the services described in the quote/proposal as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Qualiart Agency will discuss it with you at the earliest opportunity to agree upon any variations to the scope of the services and the quote, which may be necessary.

4.3 Scoping Document
In most cases, Qualiart Agency will provide a scoping document that details the functionality of the work we do for our Clients. Where the Client approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.

4.4 Additional Scope Services:
Additional scope services that we (Qualiart Agency) charge for include but are not limited to:

  • Extra updates and revisions.
  • Specialised sales copy content writing.
  • High volume of content upload and update.
  • High volume of phone or email consultations.
  • Receiving content or edits in inefficient formats.
  • Re-design/redevelop the project due to omission of guidance or change of mind.
  • Website transfer and technical services.
  • Coding.

4.5 Exclusions from Scope:
Exclusions to our scope of service include but are not limited to:

  • Advertising fees.
  • Printing fees.
  • Web plugins/apps and themes fees.
  • Online marketing and creative tool subscriptions.
  • Stock images and videos from other suppliers.
  • Guarantees of Google page rankings for keywords, and ROI for ad campaigns.
  • Foreign languages (other than English, Spanish, and Portuguese).
  • Photography and videography.
  • IT services.

Web Design & Development

4.6 Timeframe
The website will be completed within the timeframe indicated unless variations to the agreed quote are requested and agreed to by Qualiart Agency, requested content or approvals are not supplied as required, or there are any other circumstances beyond our control (e.g., technical issues). The term will be counted from the date the full project brief is provided and the first payment is made by the Client. The timeframe involves only the website development and design processes. It excludes apps/plugins search and purchase processes, Client review and feedback, unexpected technical problem-solving caused by third-party systems (e.g., domain, hosting, plugins, etc.), testing, and extra updates and revisions.

4.7 Domain Names
Registration of domain names can be performed by us on your behalf. We (Qualiart Agency) will in no way guarantee that a particular domain name can be registered. The Client must enter into a Registration Agreement with the appropriate Registrar in accordance with the relevant rules of that Registrar.

4.8 Web Design
We (Qualiart Agency) will require approval of the visual design before the initial project development phase. We assign copyright and all graphics and any written content to the website owner once our invoices have been paid in full.

4.9 eCommerce
eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes the product page, checkout page, and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.

4.10 Supplying Web Content
All content must be provided to Qualiart Agency at the required milestones. Once content has been supplied, it cannot be updated until the website is completed. We require your website content, including any requested text (copy) and images, at the initial project development phase. If content is not supplied within this period, we will invoice you for work completed to date and put your website production on hold or cancel the project until the requested content is received and we can coordinate it back into our production schedule. Qualiart Agency is not responsible for any copywriting services unless this service has been paid for.

4.11 Mobile Responsive Design
Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.

4.12 Website Plugins/Apps
If the Client requires the purchase of plugins (additional fees) pre or post-sale, they are installed on your website at a basic level, i.e., Qualiart Agency provides a basic setup of information sufficient for the plugin to function on the website. Beyond the basic level of setup, additional fees apply for the customisation of that same plugin. Qualiart Agency builds all sites with the latest version of plugins. Updating versions of any plugin is subject to a minimum charge per hour plus any additional time spent on reconfiguration, customisation, and testing. In almost all cases, plugins have an annual renewal which must be paid by the Client for the plugin to remain 100% functional on the website. Requests for additional plugins must be researched by the Client to ensure the functionality is what they are after. Due to the hundreds of plugins/apps, Qualiart Agency may not be familiar with the functionality of them all and cannot support them. Any plugin support a client needs will be through direct contact with the plugin developer and/or their support team. If the Client would like Qualiart Agency to install a plugin, the Client must purchase it from the plugin website (unless it is free), and send the plugin file to us. Qualiart Agency charges a development fee per plugin to install, activate, and test the plugin. If the Client opts not to pay for support for a plugin, any queries, questions, alterations, updates, amendments, or similar, will become a paid service from Qualiart Agency and charged in minimum 1-hour blocks.

4.13 Testing and Approval of the Website
If the Client determines that the website does not comply with the agreed project components (brief and project scope), Qualiart Agency agrees to carry out any necessary and reasonable modifications without extra charge. If the Client agrees that the website is satisfactory and approved either verbally or in writing, Qualiart Agency has permission to publish the site once full payment has been received.

4.14 Limitation of Liability, Website Downtime & Disclaimer
In no event shall Qualiart Agency’s Designers, Developers, Marketers, Directors, Employees, and Contractors be liable for any lost data or content, lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the materials or the services provided by Qualiart Agency. The Client indemnifies Qualiart Agency against any loss or damage arising directly or indirectly from any failure of services provided by the Registrar who manages the Client’s website hosting and domain names. Qualiart Agency makes no warranties of any kind, whether express or implied, for the services it provides. We also disclaim any warranty of merchantability or fitness for a particular purpose. If the Client or their agent or contractor employed by the Client other than Qualiart Agency attempts to update, edit, or alter the site’s pages, infrastructure, source files, or hosting management in a way that causes damage to individual pages or the site’s architecture, the time to repair web pages will be assessed as an additional cost at our professional hourly rate. In no event shall Qualiart Agency be liable for any lost data or content, lost profits, or business interruption caused by additional changes made to the site from what has been supplied.

Website Support & Maintenance Services

4.15 Website Hosting Support
We will perform scheduled maintenance on servers from time to time. Wherever possible, we will attempt to perform all scheduled maintenance at times that will minimise disruption to Clients. Unscheduled maintenance may need to be performed. Where the Hosting Service becomes unavailable due to unscheduled maintenance or other problems, we will endeavour to restore services as quickly as possible.

4.16 Data, Security, and Ongoing Management
Ongoing Management is defined as the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades, and software patches. This is not included in this agreement and will require an additional agreement. If the Client does not proceed with an additional or Ongoing Management agreement, the Client is responsible for the ongoing management of the website and indemnifies Qualiart Agency against any loss or damage arising directly or indirectly from website downtime or security breaches.

4.17 Website Transfer
In the event that the Client wishes to move their website to a other hosting provider, they must make a request in writing. Qualiart Agency will not be held responsible for anomalies in third-party hosting, and in the event of any errors. No responsibility can be taken by Qualiart Agency for website or email disruption during any part of the transfer process. Qualiart Agency cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook, or similar) be set up during that same time.

Social Media Marketing & Management

4.18 Social Media Marketing & Management
We (Qualiart Agency) will assist in the setup and ongoing management of the Client’s social media marketing campaigns. We will provide the services as described in our proposal and discussed with the Client. It is the Client’s responsibility to provide us with the necessary content, access, and approvals required to run the campaigns. We do not guarantee any specific results from social media marketing campaigns, including follower growth, engagement, or revenue increase.

4.19 Content and Posting
We will create and post content on behalf of the Client, as agreed upon in our proposal. The Client is responsible for approving the content before it is posted. Any changes or revisions to the content must be communicated to us in a timely manner. We are not responsible for any delays or issues arising from the Client’s failure to provide content or approvals.

4.20 Ad Campaigns
We will manage social media ad campaigns on behalf of the Client. The Client is responsible for providing the necessary budget for the campaigns. We do not guarantee any specific results from ad campaigns, including click-through rates, conversions, or return on investment. The Client is responsible for any additional costs associated with the ad campaigns, such as ad spend and third-party tools or services.

Digital Marketing

4.21 Guarantees
While we can advise and recommend a course of action based on our experience and knowledge regarding any of the areas we support Clients in, we cannot guarantee an exact return on investment from any activity executed.

4.22 SEO – Getting Found on Google and Google Ranking
Because SEO is a constantly shifting landscape, the SEO work we do aims to keep up to date and keep you informed about your performance and the changes we will need to undertake. We (Qualiart Agency) aim for the highest level of results, but we do not guarantee specific results through our services. Keyword optimisation only guarantees that your website will be indexed under your target keyword; it does not guarantee first-page or top-of-page results. We want to be very clear that if you want to be found under a keyword search competitively, your website content must clearly focus on the terms you wish to be found under, and even then, this depends on the competition for those keywords – you won’t magically be found on Google just because you have a website.

Creative & Design

4.23 Design Formatting
We will create designs to match your existing logo branding (brand identity) and ensure they are compatible with your industry sector.

4.24 Proofing and Approval for Print
We strongly urge Clients to check the electronic proof of their artwork before approving it for print. An online proof is NOT an accurate colour reproduction of your final printed piece, but it is the final opportunity for you to check the layout and final text. Electronic proofs do not show transparency and overprint issues. They also do not show the colour change from RGB or Pantone to CMYK. Therefore, Qualiart Agency will not be liable for colour variation between the proof and the printed product. We will try our best to match the colours of the proof and the printed product, but please understand that colour variation differences are inherent inconsistencies of the printing process, and we will not be held responsible for it. It is the Client’s responsibility to determine if the job is colour critical. The proof should be checked by you for possible errors in layout, copy, spacing, punctuation, or image placement. You, the Client, are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly. No refunds will be given post-print if the proof has been approved by you, the Client.

5. Project Timings

The quotation is valid for 30 days and is based on the proposed project commencing within 30 days of this agreement being signed. Qualiart Agency reserves the right to re-quote if the project is yet to commence within 30 days of this agreement being signed. Qualiart Agency will work to the proposed timings outlined in the proposal. However, if the project becomes dormant or is delayed beyond Qualiart Agency’s control (such as the supply of content, providing feedback, etc.), the proposed timings will be adjusted accordingly, and Qualiart Agency reserves the right to re-quote the project or cancel/terminate the project if needed.

6. Pricing

6.1 All prices exclude GST.

6.2 Some pricing may vary on your quote due to additional requirements of the project brief.

6.3 Our pricing and offerings are reviewed annually, and any changes in prices and offerings take effect from the following month.

6.4 The price guide is for general purposes only and does not take into account the variables of your individual project. Once the project scope and all requirements are completed/defined, the quote and timeframe of this project will be provided for consideration.

6.5 If Qualiart Agency is required to work outside of normal business hours (9 am – 5 pm) Monday to Friday to complete/deliver a project to meet a specific deadline, an additional loading charge will incur. A priority fee may be incurred if the Client requests an immediate project turnaround.

6.6 GST Compliance
All prices quoted are exclusive of Goods and Services Tax (GST). GST will be applied to all invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Clients will be provided with a tax invoice that complies with Australian Taxation Office requirements.

6.7 Price Variation
Any variation in pricing due to changes in project scope will be communicated to the Client in writing. No additional work will be undertaken without the Client’s written approval of the revised quote.

6.8 Currency Exchange Rates
We (Qualiart Agency) welcome Clients from all over the world (NZ, USA, Europe, UK, Brazil, Portugal, and others). For international Clients, fluctuations in currency exchange rates may impact the final invoiced amount. Payments must be made in Australian Dollars, and any conversion fees or charges incurred are the responsibility of the Client.

7. Payment

7.1 Deposits
Deposits must be paid to Qualiart Agency.

7.2 Full Payment
Full payment is due upon completion of any project. The grant of any license or right of copyright is conditioned on receipt of full payment. Qualiart Agency reserves the right not to proceed with the project until payment has been received in full from the Client.

7.3 Payment Schedule
Qualiart Agency offers a variety of payment options. For Client jobs, Qualiart Agency invoices on completion of stages of work and will require a 50% deposit of the anticipated total amount prior to commencing work (unless otherwise stated in the quote), with the remainder billed on completion of the respective stages.

7.4 Retainer Agreements
For certain jobs, we (Qualiart Agency) are able to offer a retainer agreement, allowing Clients the benefit of work being completed now while paying over a longer period of time. Please indicate to us in writing your payment proposal so that terms of payment may be agreed upon by both Qualiart Agency and the Client.

7.5 Payment Methods
We (Qualiart Agency) can accept payment via Direct Deposit. Our standard terms are 14 days. Overdue invoices paid outside of our standard terms may incur additional charges. Should Qualiart Agency be required to take additional action to recover any unpaid invoices, the outstanding account will attract legal and debt collecting fees. Additional charges for external collection companies may be added to the total outstanding funds if fees remain unpaid after the due date. By paying any part of the services outlined in the project description, you are agreeing to these payment terms.

7.6 Project Scheduling
The Client’s project will not be entered into our calendar until the deposit is received. If you delay in paying your deposit, other projects may take priority over yours. This rule applies to all projects, regardless of size or timeframe. Once the deposit is received, we (Qualiart Agency) will send you a receipt of the payment, then be in touch to gather information to start the project.

7.7 Processing of Funds
All transactions are processed in Australian currency. Clients located outside of Australia may incur charges related to currency conversion and international transaction fees.

7.8 Third-Party Costs
Qualiart Agency’s quote/proposal is exclusive of third-party costs such as photography, illustration, video production, sound recording, coding, plugin fees, ad fees, non-standard typefaces, printing, and more, unless otherwise included in the estimate. Qualiart Agency may, unless instructed otherwise by the Client, seek such specialist services in areas outside our expertise. The costs of such services will be passed on to the Client and quoted accordingly.

8. Timeframe

8.1 Commencement Date
The project timeline will commence from the date the full project brief is provided and the first payment is made by the Client.

8.2 ASAP Requests
As part of our service proposition, we (Qualiart Agency) aim to complete all Client work within the requested timeframe. We often receive ‘ASAP’ requests, which may necessitate prioritising one Client’s project over others. While we strive to accommodate these requests, it may impact the timelines of other projects.

8.3 Advance Notice
Although we (Qualiart Agency) are committed to delivering work as quickly as needed, providing us with ample notice allows us to plan projects more effectively around pre-identified timelines. If we are unable to meet your requested deadline, we will inform you immediately.

8.4 Force Majeure
Qualiart Agency shall not be liable for any delay or failure to perform its obligations where such delay or failure arises from circumstances outside Qualiart Agency’s reasonable control, including but not limited to acts of God, natural disasters, war, strikes, and pandemics.

9. Project Brief

9.1 Client Brief
The Client must supply a comprehensive project brief. This helps us develop a project aligned with your preferences without inefficient guesswork. We (Qualiart Agency) welcome all ideas and preferences, which must be completed and submitted to us in the relevant sections of our questionnaire prior to commencing work on your project. Examples of information to include:

  • Examples and ideas
  • Current website
  • Social media accounts
  • Project content (copy, videos, and images)
  • Preferred layout, style, and colors
  • Logo and brand guidelines
  • Contact details
  • Industry sector, competitors, and target audience

9.2 Amendments Post-Planning Phase
If the Client provides project preferences or changes after the initial project draft has been developed, we reserve the right to charge a redevelopment fee for alterations or, if necessary, to terminate/cancel the project.

10. Project Development

10.1 Brand Identity Approval
If a logo and/or brand identity has been purchased, these elements must be signed off before proceeding with any other creative and marketing project elements.

10.2 Feedback and Analysis
At key stages of the project, we (Qualiart Agency) will request analysis and feedback from the Client to ensure the project is on track and meets the desired objectives.

10.3 Client Collaboration
To maximise Qualiart Agency’s effectiveness, collaboration with the Client is essential. Often, our work depends on the Client (or their other advisers) providing timely and accurate information. Qualiart Agency will assume all information provided by the Client is complete and accurate unless otherwise specified.

10.4 Designer’s Discretion
All creative projects are subject to the designer’s discretion. If the Client does not provide all necessary project requirements and details, the project will be designed based on the available information.

10.5 Acknowledgment of Expertise
By purchasing a creative project, the Client acknowledges that all creative work is subject to the designer’s expertise and current design trends.

10.6 Original Design
The Client must acknowledge that it is not possible to exactly replicate the structure, resources, and layout of third-party creative and marketing projects. Designs will be original and tailored to the Client’s specifications within the provided brief.

11. Project Content

11.1 Image and Video Sourcing
We (Qualiart Agency) will source and place relevant high-quality images and videos to complement your content. We provide royalty-free stock images and videos from reliable image and video banks. Requested stock images and videos from iStock, Shutterstock, and other sources will be billed accordingly.

11.2 Client-Supplied Images and Videos
Any image or video supplied by the Client must be fully owned and copyright-owned or purchased. We (Qualiart Agency) do not take any responsibility for copyright breaches by the Client. If the Client supplies images or videos, the Client must acknowledge the penalty risks due to the use of non-licensed images and videos.

11.3 Copyright and Legal Issues
Qualiart Agency will not be responsible for any legal issues or copyright breaches as a result of the use of supplied texts, images, and videos. Stock images, videos, fonts, and clip art can be used with the correct commercial license rights being purchased by the Client or arranged by Qualiart Agency.

11.4 High-Resolution Images
Client-supplied images should always be high-resolution images at 300 DPI for print purposes. If they are solely for use on the web, then lower resolution images are acceptable.

11.5 Use of Images of Children
If you (Client) are using images of children that you have taken, then we (Qualiart Agency) will assume that you have obtained permission to use these images.

11.6 Logo and Company Identity
You (Client) grant Qualiart Agency permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Qualiart Agency from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

11.7 Digital Format Requirements
All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as JPEG, GIF, TIFF, PNG, or PSD format. Text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional costs being incurred for retyping text. Where the content provided requires significant copywriting, a further charge may be made. Information for charts, graphs, and infographics should be supplied in Excel. If we (Qualiart Agency) are required to retype large amounts of content, additional costs may be incurred.

11.8 Client Responsibility for Content
It is your (Client) responsibility to provide us (Qualiart Agency) with the required information about your business and marketing objectives. Qualiart Agency takes no responsibility for errors in content supplied by the Client. Any changes incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work.

12. Project Revisions

12.1 Client Dissatisfaction
If you (Client) do not like the project we (Qualiart Agency) have developed and you have provided us with all your project preferences upfront and adhered to our Terms and Conditions, you may request a redevelopment (at no additional charge) or a full refund of your deposit paid.

12.2 Revision Before Client Approval
During project development, the Client may request revisions, additions, and changes in content and layout within the project brief and initial concepts/draft.

12.3 Guidance for Redevelopment
If you would like a redevelopment, please provide us with clear guidance on what you want to be changed so we can attempt different outcomes in your next version. We will not undertake a second revision without your guidance, so please help us by communicating your ideas with us.

12.4 Revision Packages
For some creative projects, we (Qualiart Agency) offer packages with three revisions allowed. For most web design projects, we offer packages with unlimited revisions allowed. Please take the time to carefully review your project and make your edits as considered as possible. Any additional revisions beyond the package will be charged per hour.

12.5 Submitting Edits
Please submit your edits to us in a single email, ensuring any attachments or photos are included. We (Qualiart Agency) do not want to receive multiple emails with single edits or thoughts in each one; you must consolidate your thoughts carefully. Be considered and efficient when reviewing your project and communicating any questions to our team. We can provide you with a Google Drive link to upload all your photos for high-volume attachments.

12.6 No Initial Guidance
If you (Client) did not provide us with any guidance for your project preferences and our team has suggested a project for you which you do not like, you are not entitled to request a new project development. We will always make a genuine effort to listen to you and meet your needs before commencing any project.

12.7 Additional Scope Charges
Please familiarise yourself with additional scope item charges that may apply. We can assist you with almost anything you want on your project beyond our standard service at an additional charge. Due to our projects being fixed price, we must apply additional charges to account for our time on extra scope services.

12.8 Text Edits Permitted
You (Client) may submit corrections to the current content, typos, and minor additions to improve the accuracy of your content. We recommend that you provide your suggested wording to replace the draft wording because you know your business best and to minimise any uncertainty. If you have specialised content for your business service, please provide this to us written as you would like it to appear on your project.

12.9 Photo Edits Permitted
You may indicate photos that you would like to be removed or replaced in your projects. Be specific when noting the photos to delete, and if you would like photos to be replaced, give specific instructions on what you would like instead. You are also welcome to send your photos.

12.10 Design Edits Permitted
You may request changes to the fonts, logo, visual elements, colors, layout, etc. We (Qualiart Agency) have selected a design template based on your guidance provided in your completed questionnaire. If you provide major design change requests to your initial guidance (or did not provide any guidance), this may be considered a redesign service, and additional charges may apply at our discretion if extensive redesign is required to meet your suggestions.

12.11 Excessive Edits or Change of Mind
Please respect the Scope of Service for edits during the review process. If we consider your edits outside our standard scope, we may need to apply charges to protect our time.

12.12 Respecting Our Time
We understand that you will have many priorities running your business, so we appreciate updates on your progress even if you do not get the time to reply to us immediately. If we follow up and receive no response in a timely manner, we will archive your draft for a few months and terminate/cancel the project. You may get in touch with us during this time to unarchive it; a restoration fee may apply.

12.13 Revision After Client Approval
Any alterations post-final presentation will be subject to additional fees. If the scope of the project changes after final project approval, additional costs may occur. Qualiart Agency reserves the right to charge additional costs if the Client requests amendments to the original brief or if further development is requested outside of the original quotation. This will be billed per hour.

12.14 Refund Requests
If you (Client) would like to request a full refund of your deposit paid, please tell us your reasons for dissatisfaction. If your request is reasonable (e.g., we did not meet the initial project scope and these Terms and Conditions), we will process your refund.

13. Termination Of Services

Qualiart Marketing Agency reserves the right to terminate the services provided under this Agreement under the following conditions:

Standard Termination:

13.1 Non-compliance
If the Client does not abide by the Terms and Conditions in this document or any other document provided by Qualiart Agency, it will result in instant termination without consideration of reasoning given by the Client. In this instance, no refund is possible.

13.2 Agreement Continuation
This Agreement continues in force until terminated by the Terms of the Agreement as established at commencement or by such other method as set out in the agreement.

13.3 Agency Termination
Qualiart Agency may terminate this Agreement by providing two weeks’ written notice to the Client.

13.4 Client Termination
You (Client) may terminate this Agreement at any time by providing us (Qualiart Agency) with two weeks’ written notice.

Termination for Cause:

13.5 Immediate Termination: Qualiart Agency may terminate the services immediately and without prior notice if the Client breaches this Agreement. Breaches may include, but are not limited to:

  • Unplanned modifications of the project scope not agreed upon in the initial project brief.
  • Excessive delays by the Client in providing necessary resources, briefings and feedbacks essential for the timely execution of the project.
  • Repeated requests for modifications during the execution phase that were not listed in the initial project brief, leading to scope creep.
  • An excessive number of phone calls and emails that deviate from or add to the agreed project scope, requiring substantial adjustments not initially planned for.

In the event of a Termination for Cause as outlined in the Agreement, where there are no outstanding fees owed by the Client to Qualiart Agency, the Agency reserves the right to terminate the services immediately without the obligation to provide written notice to the Client. This applies to situations including, but not limited to, breaches of the Agreement related to scope changes, delays, or excessive communications that deviate substantially from the agreed-upon project terms.

This clause is designed to expedite the termination process in scenarios where the financial obligations of the Client towards the Agency are fully satisfied, thereby minimising administrative overhead and enabling the Agency to reallocate resources more efficiently.

Termination Due to Legal Requirement

13.6 Legal Compliance
Qualiart Agency may also terminate this Agreement if required to do so by law or a valid court order.

Effect of Termination

Upon termination of this Agreement

13.7 Cease of Services
All ongoing or pending project tasks or services under this Agreement will cease immediately.

13.8 Payment for Services
The Client will be required to pay for all services performed up to the date of termination, along with any other fees due under the terms of this Agreement.

13.9 Confidentiality and Proprietary Rights
Confidential information, proprietary data, and any materials provided between parties must be returned or dealt with as required by the terms of confidentiality and proprietary rights within this Agreement.

13.10 Final Invoice
Upon termination of this Agreement, you (Client) will be provided with a final invoice for services provided to you up to the termination date.

13.11 Outstanding Invoices
All prior invoices which remain unpaid at the time of termination immediately become due and payable upon termination of this Agreement.

13.12 No Refund for Submitted Concepts
If the Client chooses to cancel the project anytime after concepts have been submitted, a refund of any previous payment is not possible unless Qualiart Agency and the Client have adhered 100% to these Terms and Conditions and are still unsatisfied with our service.

13.13 Ownership and Cancellation Fee
In the event of cancellation of this Assignment, ownership of all copyrights and the original artwork/project shall be retained by Qualiart Agency, and a cancellation fee for work completed and expenses already incurred shall be paid by the Client.

13.14 Cancellation Fee Basis
The cancellation fee is based on the hours submitted if the project is on an hourly basis or a percentage based on the time estimate for the entire job.

13.15 Full Cancellation Fee
A 100% cancellation fee is due once the project has been finished, whether delivered to the Client or not. If the project is on an hourly basis and the project is cancelled by the Client, the Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.

14. Refund

14.1 Client Dissatisfaction
If you (Client) do not like your project and have not provided essential guidance, there must be sufficient reason and proof that we could not provide what you want either technically or based on our service standard.

14.2 100% Money-Back Guarantee
We will refund your project if you have adhered to our (Qualiart Agency) Terms and Conditions and are still unsatisfied with our service.

14.3 Non-Adherence to Terms
If the Client has not adhered to these Terms and Conditions, deposits are non-refundable once the project process has commenced.

14.4 Adherence to Terms but Unsatisfied
If you (Client) have provided all your project briefs, preferences, and information in adherence to our (Qualiart Agency) question list structure and followed our Terms and Conditions but are still unhappy with your project, you may either request a redevelopment of your project or request a full refund of your deposit paid. If you have proceeded to the project development and subsequently requested a refund for any reason after finalising payment for the final invoice, a refund will not be offered.

14.5 Rejected Drafts/Concepts
In all other instances where a refund is processed, the project (or draft/project concept) will not be allowed to be used by the Client. Qualiart Agency does not allow the Client to use a rejected draft/project concept to be a brief/idea for developing a similar project by others.

14.6 Non-Refundable After Approval
All deposits and fees paid are non-refundable after the Client has approved a draft/project concept. Once the work has been signed off for publication/delivery, fees are payable as they fall due.

14.7 Suspension or Termination
Any suspension or termination will not result in any refunds unless Qualiart Agency and/or Client do not adhere to these Terms and Conditions.

14.8 Exceptions to 100% Refund Policy

  • You (Client) cannot request a refund if you have already approved your draft/project concept or indicated that you are satisfied with it.
  • If we have developed your project to your specifications and your request is due to your own change of mind.
  • If you have changed your mind about completing your project to the delivery/publication stage.
  • If you change your mind about your own business idea during the development phase.
  • If you cease business operations during the development phase.
  • If your business is affected by the delivery of the service.
  • Additional services requested, including but not limited to domain registration, web hosting, tools, photography, email setup, apps and software setup, and integration, will be deducted from the refund remitted.
  • If our staff has received communication that is abusive and/or threatening, we reserve the right to discontinue service without a refund.

14.9 Final Invoice
If you have provided us with your project preferences and participated in the revision process, you will be required to pay the final invoice because we have spent hours working on your project according to your specific requests.

14.10 Refund Processing
If you are eligible for a refund, we will ask for your bank details to process your request within 15 business days.

15. Confidentiality

15.1 Confidentiality Obligations
Save as required by law, Qualiart Agency will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain.

15.2 Permitted Disclosures
Qualiart Agency may disclose your documents and affairs to:

  • Such of your other service providers as you (Client) inform Qualiart Agency are involved in any assignment on which Qualiart Agency is instructed.
  • Qualiart Agency’s affiliates or related parties.
  • Any other service provider to whom Qualiart Agency may properly delegate aspects of any assignment to provide a full range of services to you.

15.3 Privacy Compliance
Qualiart Agency will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in handling personal information. We will take all reasonable steps to ensure that any personal information is secure and protected from misuse, loss, unauthorised access, modification, or disclosure.

16. Limitation Of Liability

16.1 Total Liability
Our total liability to you, whether in agreement or in tort arising in connection with these Terms and Conditions, shall not exceed the total price paid by you.

16.2 Exclusion of Indirect Damages
In no event shall Qualiart Agency, its employees, contractors, or any of their respective directors, agents, content, or service providers be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or directly or indirectly related to the delivery of services provided, including creative and digital marketing services.

16.3 Scope of Liability
This limitation includes, without limitation, loss of revenue, anticipated profits, or lost business, unrelated and/or indirect business expenses, business delays, loss of data and/or sales, or cost of substitute services, even if Qualiart Agency or its representative or such individual has been advised of the possibility of such damages.

17. Unacceptable Practices

As Qualiart Agency strives to offer the very best service, certain guidelines and policies govern Qualiart Agency’s efforts and relationships with its Clients. Practices that violate these guidelines and policies are strictly forbidden and may result in the immediate termination of Qualiart Agency’s services. Such decisions are at the sole discretion of Qualiart Agency. Unacceptable practices include, but are not limited to:

  • Content or language that is harmful to minors in any way.
  • Illegal bulk emailing tools.
  • Distribution of internet viruses or other harmful or destructive activities.
  • Hacking and cracking.
  • Scams or phishing for personal information.
  • Solicitation of funds other than for legal charitable organisations (exceptions granted on a case-by-case basis at Qualiart’s discretion).
  • Illegal gambling, gaming, lotteries, and similar activities.
  • Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, or otherwise objectionable content or language.
  • Defamatory, hateful, or revenge content or language.
  • Aids to pass drug tests or aids to pass lie detector tests.
  • Illegal activities such as Ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, and plagiarism.
  • Piracy, and all unauthorised use of materials or content that infringes on third parties’ intellectual properties.
  • MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products.
  • Reverse Funnel Systems.
  • Cash gifting.
  • Illegal drugs or drug paraphernalia.
  • Miracle cures.
  • Fake documents.
  • Fireworks, pyrotechnics, firearms, explosives, or weapons.
  • Intentional or unintentional violations of any applicable local, state, national, or international law.
  • Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email.
  • Other activities, whether lawful or unlawful, that Qualiart Agency deems to be in poor taste or that reflect adversely on Qualiart Agency or Qualiart Agency’s other Clients.

Upon the contingency that Qualiart Agency accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Facebook (Meta), or any other outside agency.

17.1 Regulation of Online Content
The Client must ensure that all content complies with the Broadcasting Services Act 1992 (Cth) and the Enhancing Online Safety Act 2015 (Cth), where applicable, especially concerning harmful content to minors and other vulnerable groups.

17.3 Defamation and Offensive Content
The Client must not provide content that defames, harasses, or discriminates against any individual or group. Content must also comply with the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth).

18. Ownership

18.1 Property of Qualiart Agency
All projects remain the property of Qualiart Agency until all bills and invoices are finalised in full, at which point full ownership reverts to the Client.

18.2 Copyright and Intellectual Property
Ownership of copyright and Intellectual Property (IP) of projects – including, but not limited to, logos, symbols, compositions, and copy – remains with Qualiart Agency until final payment has been made, at which time ownership of copyright and IP will be transferred to the Client. Use of the artworks/projects by the Client before payment is strictly prohibited unless authorised in writing by Qualiart Agency. Ownership of draft concepts outside of the final approved artwork remains the property of Qualiart Agency.

18.3 Legal Clearances
Qualiart Agency is responsible for all trademark, copyright, and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials used for this project. The Client indemnifies Qualiart Agency against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under the copyright ownership of the Client.

18.4 Transfer of Final Project
Upon full payment of the account, the Final Project will be transferred to the Client if requested.

18.5 Original Project Files
Due to industry licensing fees and regulations, Qualiart Agency remains the owner of all original project files created.

18.6 Fonts, Images, and Videos
Fonts, images, and videos provided by Qualiart Agency cannot be transferred to a Client without purchase.

18.7 Portfolio and Promotional Use
Qualiart Agency reserves the right to show any project, ideas, or sketches created for this project in a portfolio as examples of Client work or for use in promotional materials. This can be during the project and also upon completion.

18.8 Breach of Copyright
The use of any project prior to payment being finalised is a breach of copyright.

18.9 Moral Rights
The Client agrees to respect the moral rights of the creators involved in the project, in accordance with the Copyright Act 1968 (Cth). This includes the right of attribution and the right to prevent derogatory treatment of their work.

18.10 Data Security and Privacy
Qualiart Agency will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in handling personal information. We will take all reasonable steps to ensure that any personal information is secure and protected from misuse, loss, unauthorised access, modification, or disclosure.

Authority

The person who hire the Qualiart’s services, by reading and accepting these Terms and Conditions certifies that (s)he is lawfully authorised to purchase services on behalf of your company.

Our Terms and Conditions were last updated on Feb 2024.

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