Terms & Conditions

Please read our Terms & Conditions before commencing any project with Qualiart Creative & Digital 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 irrespective 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.

Introduction

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

We’re (Qualiart Agency) 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 & Digital 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 form of an ongoing business working relationship until both parties determine otherwise.

You (Client) are hiring us (Qualiart Agency) to planning, develop and implementing creative and marketing solutions – estimates displayed on our website or 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, 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 & Digital 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 Frequent Asked Questions are parts of these Terms and Conditions.

1. What Do Both Parties Agree To Do

You (Client) have the authority to enter into these Terms and Conditios on behalf of yourself, your company/organisation. You’ll give us (Qualiart Agency)  the information we need to complete the project as and when and in the format we need it. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to make full or partial upfront payments as set out in these Terms and Conditions.

Us (Qualiart Agency): We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.

2. Agreement

2.1 No work will be commenced without a signed quote/proposal or written confirmation.

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

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

2.4 Qualiart Agency as the sender and the Client as the recipient will acknowledge acceptance of these terms either through an email noting acceptance or acceptance is acknowledged at the beginning of any work on said project.

2.5 Legal Stuff
We (Qualiart Agency) can not guarantee that our work will be error-free and so we can not be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If any provision these Terms and Conditios shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditios and shall not affect the validity and enforceability of any remaining provisions.

You (Client) can not transfer this project agreement 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 these Terms and Conditios is a legal document under exclusive jurisdiction of Australian law.

By purchasing services from Qualiart Agency, you accept theses Terms and contract. Everyone should keep a copy for their records.

2.6 Agreement Modification
Modifications of the Terms must be written and authorised by both parties.

The Client is held responsible for approving all projects and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images, quantity, and more. Whilst every effort has been made for accuracy, your approval to proceed constitutes acceptance of full responsibility for any errors and omissions within the project. Qualiart Agency will not accept liability for errors overlooked at the stage of final project.

We (Qualiart Agency) reserve the right to suspend or terminate any project if the Client interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after seeing more than a reasonable number of unique project ideas/concepts.

Any suspension or termination – all designs and work developed remain the full ownership of Qualiart Agency.

3. Project Scope

3.1 Qualiart Agency provides the quotation based upon our best understanding of the project scope and requirements gleaned during the course of 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 as outlined in this proposal, additional costs may be incurred.

3.2 Qualiart Agency will provide the services described in the Quote/Production Estimate 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 seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote, which may be necessary.

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

3.4 Additional scope services that we (Qualiart Agency) charge for

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

3.5 Exclusions to our scope of service

  • Advertising fees.
  • Printing fees.
  • Web plugins and themes fees.
  • Stock images and videos from other suppliers.
  • Guarantees of Google page rankings for keywords, and ROI for ads campaigns.
  • Foreign languages (other than English, Spanish and Portuguese).

Web Design & Development

3.6 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.

3.7 Website Hosting Service

We will perform scheduled maintenance to servers from time to time. Wherever possible we will attempt to perform all scheduled maintenance at times which 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.

We will attempt to archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. If our archives are corrupted or unusable you should be prepared to upload your website and data if required.

We may suspend your website if you have outstanding payments against your hosting service.

3.8 Supplying Web Content

All content must be provided to Qualiart Agency at the required milestones. Once content has been supplied it can NOT 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 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.

3.9 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.

3.10 eCommerce

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

3.11 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.

3.12 Website Plugins

If the Client require to purhase plugins (additional fees) pre or post sale are installed on your website on a basic level i.e. Qualiart Agency provides a basic set up of information sufficient for the plugin to function on the website.

Beyond the basic level of set up, additional fees apply for 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 WordPress Plugins, 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 development fee per plugin – apply 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.

3.13 Timeframe

The website will be completed within the time frame indicated, unless variations to the agreed quote are requested and agreed to by Qualiart Agency, or 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 first payment is made by the Client.

The timeframe involves only the website develop and design processes. It excludes apps/plugins search and purchase processes, Client review and feedback, unexpected technical problem solving caused by third parties’ systems (e.g., domain, hosting, plugins, etc.), testing and extra update and revisions.

Unlike traditional design, web design requires a much more linear approach to time usage. This means that frequent changes cannot be made until other areas are finalised, and some aspects cannot be started until other aspects are finished. This can cause projects to go past expected completion dates more frequently than in other areas. If you have a specific deadline for your project, then please make your Project Manager aware of this at the commencement of the work so that we can endeavour to have your project completed in time.

3.12 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 make 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, 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.

3.13 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 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 Ongoing Management of the website and indemnifies Qualiart Agency against any loss or damage arising directly or indirectly from website downtime or security breaches.

3.14 Testing And Approval Of The Website

If the Client determines that the website does not comply with the agreed project components, 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.

3.15 Website Transfer

Qualiart Agency’s websites can not be transferred away from Qualiart servers other than by agreement and only after payment of any and all outstanding fees are received.

In the event that the Client wishes to move their website to a different 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 the client will contact their hosting provider for support. Any remaining hosting time is payable to the end of the calendar month regardless of when the website is moved.

Final account termination is not actioned by Qualiart Agency until Client has confirmed successful transfer and no longer needs their account. Any ongoing billing or invoicing stops upon date of client confirmation via email that account is no longer required, and transfer has been successful.

If a website transfer is agreed, Qualiart Agency will prepare a set of files containing the contents of your website once all payments have been settled.

Qualiart Agency does not assist with the reinstatement of a website on a third party host.

No responsibility can be taken by Qualiart Agency for website or email disruption during any part of the transfer process.

Qualiart Agency can not provide support for any website they do not host on their servers unless otherwise agreed.

If you are transferring your existing WordPress website to Qualiart Agency, Qualiart Agency cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to Qualiart Agency. Emails will be available for pick-up once the transfer of your website is complete.

Qualiart Agency can not 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

3.16 Social Media Marketing & Management

We (Qualiart Agency) will set up and manage the number of social media accounts as agreed upon and post the agreed-upon number of updates while also taking into consideration the norms of the platform and expectations of the target audience.

We will aim to generate an increase in followers and client engagement using your business information and content, however, we are also happy for you to review your scheduled posts and suggest changes. In this instance, you’ll review our work; provide feedback and approval in a timely manner also.

Should you like to provide text, graphic or photographic content for your social media platform, please supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format.

At the beginning of each month, we will provide a summary of your social media updates and statistics from over the previous month.

Should your social media management not meet your requirements after one month, we will revise our strategy at no additional cost.

If investing in paid sponsorship ads on any platform, the full additional investment will be used towards the sponsorship.

3.17 Performance Liability

Qualiart does not warrant that the functions supplied by our social media management, strategy or advice will be uninterrupted or error-free. The entire risk as to the quality and performance of the social media accounts is with the Client. In no event will Qualiart Agency be liable to the Client or any third party for any damages, including any lost profits, social media account blocks, third-party app issues, lost savings or other incidental, consequential or special damages arising out of the social media management provided, even if Qualiart Agency has been advised of the possibility of such damages.

3.18 Delays

Illness, injury, or other events beyond Qualiart’s control, such as: fire, theft, computer failure, may result in delays of unpredictable length.

Digital Marketing

3.19 Garantees

Whilst 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.

3.20 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 – we merely target them and do our utmost to achieve a good result for you.

Keyword optimisation only guarantees that your website will be indexed under your target keyword, it does not guarantee first page or top of page result. 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 eve 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

3.21 Design Formatting

We will create designs to match your existing logo branding (brand identity) and compatible to your industry sector.

3.22 Design Formatting

We strongly urge Clients to check the electronic proof of their artwork before approving 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.

4. 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 reserve 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 supplying of content, providing feedback, etc) the proposed timings will be adjusted accordingly and Qualiart Agency reserve the right to re-quote the project in needed.

5. Pricing

5.1 All prices exclude GST.

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

5.3 Our pricing and offerings are reviewed annually each year and any changes in prices and offerings take effect from the following month.

5.4 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 the consideration.

5.5 All the prices are in Australian Dollars, but we (Qualiart Agency) welcome Clients from all over the world (NZ, USA, Europe, UK, Brazil, Portugal, Spain and others).

5.6 If Qualiart Agency is required to work outside of normal business hours (9am – 5pm) 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. Payment

6.1 Deposits must be due to Qualiart Agency.

6.2 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 projects until payment has been received in full from the Client.

6.3 Qualiart Agency has a number 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.

6.4 For certain jobs we (Qualiart Agency) are able to offer a retainer agreement, allowing Clients the benefit of work being completed now, whilst paying over a longer period of time – please indicate to us in writing your payment proposal so that terms of payment may be agreed on our both Qualiart Agency and the Client.

6.5 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 total outstanding funds if fees outstanding fail to be paid after the timeframe. By paying any part of the services outlined in the project description you are agreeing to these payment terms.

6.6 The Client’s project will not 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.

6.7 Processing of any funds: All transactions are processed in Australian currency. You are likely to be charged less than the specified rates in your local currency unless it the Client is located in Australia.

6.8 Other Specialist Services: Qualiart Agency’s quote/proposal is exclusive of third-party costs such as photography, illustration, video production, sound recording, coding, plugin, ads fees, non-standard typefaces, printing, etc. unless otherwise included in the estimate. Qualiart Agency may, unless you instruct us (Qualiart Agency) otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be passed on to and will be quoted according.

7. Timeframe

7.1 The term will be counted from the date the full project brief is provided and first payment is made by the Client.

7.2 ASAP
As part of our proposition, we (Qualiart Agency) aim to get all Client work done in the timeframe requested. We are often faced with ‘ASAP’ requests from Clients, which impacts our work by delaying other Client projects, where possible, in order to meet the ‘ASAP’ deadline.

7.3 Although we (Qualiart Agency) are committed to turning around work as quickly as you need it, the more notice we can get the better, to allow us to plan projects effectively around pre-identified timescales. In all cases, if we are unable to do your job when requested, we will let you know immediately.

7.4 Force Majeure: Qualiart Agency shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Qualiart Agency’s reasonable control.

8. Project Brief

8.1 Client must supply a project brief. This helps us to delevopa project that is closest to your preference without spending our time inefficiently trying to guess your preferences. We (Qualiart Agency) welcome all your ideas for project preferences, these must be completed and submitted to us in the relevant sections in our question list prior to commencing work on your project.

  • examples and ideas
  • current website
  • social media accounts
  • project content (copy, videos and images)
  • preferred layout, style and colours
  • logo and brand guidelines
  • contact details
  • industry sector, competitors, and target audience

8.2 If the Client do not provide your project preferences in the question list during the project planning phase, and give us (Qualiart Agency) suggestions after developing your draft, we reserve the right to charge you a redeveloping fee for altering your project after the time spent on your initial project.

9. Project Development

9.1 If a logo and/or brand identity has been purchased, this will need to be signed off before any other creative and marketing project.

9.2 In key-stages of the project, we (Qualiart Agency) will request for analysis and feedback of the project.

9.3 To maximise Qualiart Agency’s effectiveness we must work with you as a team. Often Qualiart Agency’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Qualiart Agency will assume all information you provide is complete and accurate unless you tell us otherwise.

9.4 All creative projects are subjected to designer’s discretion. If the Client does not provide all project requirements and its relevant details, the project will be developed based on what has been already provided.

9.5 Once a creative project is purchased we (Qualiart Agency) assume the Client acknowledge that all criative projects are subjected to the designer expertise and design trends.

9.6 The Client must acknowledge that is not possible to follow (copy) and/or design/develop the same structure, resources, and layout from third-party creative and marketing projects.

10. Project Content

10.1 Image sourcing
We (Qualiart Agency) will source and place relevant high quality images and videos on to complement your content. We provide royalty-free stock images and videos from reliable image and video banks. Stock images and videos from iStock or Shutterstock will be billed.

10.2 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 breach by the Client. If the Client supply images/videos, the Client MUST acknowledge of penalty risks due to the use of non-licenced images and videos.

10.3 Qualiart Agency will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the Client for use.

10.4 We (Qualiart Agency) are not authorised to use images taken from Google.

10.5 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, clip art, vector images can be used with the correct commercial license rights being purchased by the Client or Qualiart Agency can arrange for their purchase.

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

10.7 If you (Client) are using images of children that you have taken, then we (Qualiart Agency) will assume that you have been given the permission to use these images.

10.8 You (Client) grant Qualiart 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.

10.9 All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, 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 cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made. Information for charts, graphs, and infographics to be supplied in Excel. If we (Qualiart Agency) are required to retype large amounts of content, then additional costs may be incurred.

10.10 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 thus 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.

11. Project Revisions

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

11.2 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.

11.3 If you would like a redeveloping, please provide us with clear guidance on what you want changed so so we can attempt a 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.

11.4 Most of creative projects, we (Qualiart Agency) offer packages with 3 revisions allowed. In addition, most of web design projects, we (Qualiart Agency) 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 will be charged per hour.

11.5 Please submit your edits to us in a single email – make sure 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 before. Be considered and efficient when reviewing your project and communicating any questions to our team. We (Qualiart Agency) can provide you with a Google Drive link to upload all your photos for high volume attachments.

11.6 If you (Client) did not provide us with any guidance for your project preferences and our (Qualiart Agency) team has suggested a project for you which you do not like, you are not entitled to ask us to try a new project development – we will always make a genuine effort to listen to you to meet your needs before commence any project.

11.7 Please familiarise yourself with additional scope item charges that may apply – we (Qualiart Agency) can assist you with almost anything you want on your project beyond our standard service at an additional charge. Due to our (Qualiart Agency) projects being fixed price, we (Qualiart Agency) must apply additional charges to account for our time on extra scope services.

11.8 Text edits permitted
You (Client) may submit corrections to the current content, typos and minor additions to improve the accuracy of your content. We (Qualiart Agency) 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 (Client) have specialised content for your business service, please provide this to us written as you (Client) would like it to appear on your project.

11.9 Photo edits permitted
You (Client) may indicate photos that you would like to be removed or replaced on your projects. Try to be specific when noting the photos to delete and if you (Client) would like photos to be replaced, give specific instructions on what you (Client) would like instead – you are also welcome to send your own photos.

11.10 Design edits permitted
You may request some changes to the fonts, logo, visual elements, colours, layout, etc. We (Qualiart Agency) have selected a design template that is based on your guidance provided in your completed question list. If you (Client) provide major design change requests to your initial guidance (or you did not provide any guidance in the question list), this may be considered a re-design service and additional charges may apply at our (Qualiart Agency) discretion if extensive re-design is required to meet your suggestions.

11.11 Excessive edits or change of mind
Please respect the Scope of Service for edits during the review process. If we (Qualiart Agency) consider your edits outside our standard scope, we (Qualiart Agency) may need to apply charges to protect our time. This is not to make a profit, it is to keep us (Qualiart Agency) efficient and provide the best possible service and use of our time for your business. Thanks for your co-operation!

11.12 Please pespect our (Qualiart Agency) time
We (Qualiart Agency) understand that you will have many priorities running your business, so we appreciate updates on your progress even if you (Client) do not get the time to reply to us immediately. If we (Qualiart Agency) follow up more than three times and receive no response, we will archive your draft for a few months. You (Client) may get in touch with us during this time to unarchive it – restoration fee may apply.

11.13 Revision after Client approval
Any alterations post-final presentation will be subject to additional fees. If the scope of 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 further development is requested outside of the original quotation. This will be billed per hour.

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

12. Termination Of Services

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

12.2 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.

12.3 You (Client) may terminate this Agreement at any time by providing to us (Qualiart Agency) two weeks written notice.

12.4 Qualiart Agency may terminate this Agreement:
i) by providing two weeks written notice to you;
ii) immediately and without notice, if Client breaches this Agreement; or
iii) if required by law or court order.

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

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

12.7 If the Client choose 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 has adhered 100% to these Terms and Conditions and are still unsatisfied with our service.

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

12.9 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.

12.10 A 100% cancelation 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.

13. Refund

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

13.2 100% 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.

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

13.4 If you (Client) have provided all your project brief, preferences and information in adherence with our (Qualiart Agency) question list structure and followed our Terms and Conditions but are still unhappy with your project, you may either request a redevelop 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 finalizing payment for the final invoice, a refund will not be offered.

13.5 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.

13.6 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.

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

13.8 Exceptions to our 100% Refund Policy
We (Qualiart Agency) will not issue a refund of your deposit in the following instances:

  • You (Client) can not 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 softwares 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.

13.9 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 the hours working on your project according to your specific requests.

13.10 If you are eligible for a refund, we will ask for your bank details to process your request within 2-5 business days.

14. Confidentiality

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. Think may, however, disclose your documents and affairs to:
(i) such of your other service providers as you (Client) inform Qualiart Agency are involved in any assignment on which Qualiart Agency is instructed;
(ii) Qualiart Agency’s affiliates or related parties; and
(iii) any other service provider to whom Qualiart Agency may properly delegate aspects of any assignment in order to provide a full range of services to you.

15. Limitation Of Liability

15.1 Our total liability to you in agreement or in tort arising in connection with these Terms and Conditios shall not exceed the total price paid by you.

15.2 ​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.

15.3 This includes, without limitation, loss of revenue, or 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.

16. Unacceptable Practices

As Qualiart Agency strives to offer the very best service, there are certain guidelines and policies that must govern Qualiart Agency’s efforts and relationships with its Clients. Practices that are in violation of 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. 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 organization (exceptions granted on a case-by-case basis at CWS’ discretion)
  • Illegal Gambling, gaming, lotteries, and like activities
  • Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, 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, plagiarism
  • Piracy, and all unauthorized 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 Agecny deems to be in poor taste or that reflect adversely on Qualiart Agency or Qualiart Agency’s other Clients
  • Upon the contingency which 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. Ownership

17.1 All project remains the property of Qualiart Agency until all bills and invoices are finalised in full, at which point full ownership reverts to the Client.

17.2 Ownership of copyright and Intellectual Property (IP) of project – 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.

17.3 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 uses 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 copyright ownership of the Client.

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

17.5 Due to industry licensing fees and regulations, Qualiart Agency remains the owner of all original design files created.

17.6 Fonts, images and videos (provided by Qualiart Agency) can not be transferred to a Client without purchase.

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

17. The use of any project prior to payment being finalised is a breach of copyright.

Authority

The person signing the these Terms and Conditios certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

Our Terms and Conditions were last updated on Feb 2024.

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