Full Terms and Conditions
Listed below are the standard Terms and Conditions of MWT56 Pty Ltd t/as Belgrin (herein Belgrin). It is vital that you (herein The User, The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Belgrin.
All information contained in these Terms and Conditions is intended for general information purposes only. We try to keep this information up-to-date and ensure that it is correct, however, we make no guarantees of any kind.
Please also note that from time to time Belgrin may need to alter these Terms and Conditions without notice. Please contact us if you do not understand any of the Terms or Conditions listed herein.
Commencement of Work
Agreement to work with, submission of a design brief and payment of deposit to Belgrin, constitutes agreement to these Terms and Conditions.
Fees for Service, Excess Work
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the scope of the original agreement as specified in the quote, The Client agrees to pay appropriate fees for the excess work. Wherever possible the client will be notified of increases in the scope of the project.
Publication and/or release of work performed on behalf of The Client by Belgrin may not take place before cleared funds have been received.
The Client agrees to pay a 50% deposit of the quoted amount to commence any project, with a part payment of 25% during the project and the balance payable prior to delivery, campaign completion and/or website launch. Once research, resources allocated, or design work has commenced on a project, this deposit is non-refundable.
Retained marketing work is invoiced on the first day of every month (or nearest business day) for the month following.
All printing and/or third-party accounts must be settled in full prior to the release of the artwork files to the printer or third-party service provider.
Accounts which are not paid within 7 days of the due date of invoice will incur a late
administration fee of $200 plus GST. Accounts which remain outstanding for 14 days after the due date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
The Client agrees to allow a small credit with a link – “Another site by Belgrin” with the word Belgrin stylised as the company’s logo & hyperlinked to the company’s website – on the footer of any/all website pages designed by Belgrin. Removal of this credit constitutes a breach of these Terms and Conditions.
The Client also agrees to allow Belgrin to showcase any and all work created in the course of a project (including concepts not used by the Client) as part of Belgrin’s portfolio for self-promotional purposes. Belgrin acknowledges the confidential nature of projects and agrees to only display project work once the project is released to the general public.
Approval of Final Artwork, Print Returns and Refunds
While Belgrin takes all care to avoid errors, Belgrin accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proof read and approve all final copy before the production of artwork. The verification of the Client shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. Approval may be given either verbally or in writing. No refunds or reprints are given after a final approved design has gone to print due to oversights by The Client’s proof reading.
It is agreed that the Belgrin is not responsible or to be held liable for any errors contained in the final product after the final product has been approved by the client, committed to print or posted in view of the public. Belgrin will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the Client to notify Belgrin of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the Client must inform Belgrin as soon as possible and must return the product (at the cost of the Client) within 5 business days of notification for assessment. As with all print projects, payment for re-printed projects is at cost to the Client and must be paid in full prior to print.
Printing and Colour Variations
With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and to previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Belgrin.
Website Work Post-Launch and Completion Alterations
Once web design is complete, Belgrin will provide The Client with the opportunity to review the resulting work. Belgrin will make one set of minor changes at no extra cost within 14 days of the start of the review period, commencing on the day of launch. Minor changes include small text changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any structural or navigation features. Any minor changes can be notified to Belgrin by e-mail. If Belgrin has not received a response from the Client within the review period, Belgrin will consider that the Client has accepted the original draft. After this time, amendments will be quoted as Excess Work.
Copyright & Intellectual Property Rights
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Belgrin till such time an agreement is in place.
As part of Belgrin’s terms of business, the copyright licence for a scope of work is released to the client on receipt of final and complete payment for the commissioned project. Unused concepts remain the property of Belgrin.
Belgrin reserves the right to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. Belgrin reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Belgrin, all services provided shall be for the exclusive use of The Client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Belgrin shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
Intellectual Property Rights for all work shall remain the property of Belgrin. As such, the Client will not be delivered working files on completion of the project. In the instance that the Client requires working files released, such a request must be made in writing to Belgrin and will be subject to negotiation & fees outside of (and in addition to) the project scope of work.
Whereby the Client engages Belgrin for retained marketing work on a monthly basis, the Client agrees to a minimum 12-month term.
From time-to-time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the Client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Belgrin. This is to cover design and concept time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Belgrin and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $400 per hour plus GST.
If Belgrin cancels a project due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of the Client cancelling retained marketing work within the initial 12-month term, the Client agrees to pay Belgrin the balance of retained fees from the date of cancellation until the completion of the term.
All third-party service, booking or delivery fees are non-refundable, and in the instance that the Client has not paid for these services at the time of cancellation, the Client will do so promptly.
In the event of cancellation of the project by either party, ownership of all copyrights and the original artwork shall be returned to and retained by Belgrin.
The Client agrees to indemnify and keep indemnified Belgrin from and against any and all loss, damage or liability whether criminal or civil suffered (and legal fees and costs incurred) by Belgrin in the course of conducting the business and resulting from:
a. Any act, neglect or default of The Client or its agents, employees licensees or customers;
b. The proven infringement of the intellectual property rights of any third party;
c. Any successful claim by any third party alleging libel or slander for any matter arising from the conduct of the business;
d. Providing that this liability has not been incurred by Belgrin through any default in carrying out the terms of this agreement.
Under no circumstances shall Belgrin be liable to The Client for an indirect or consequential loss suffered by The Client relying on the information included in the supplies prepared by Belgrin including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Guarantee of Directors
The Client acknowledges that Belgrin has entered into this agreement at the request of the Guarantors. The Guarantors hereby guarantee and indemnify Belgrin the due and punctual performance of the obligations of The Client owed by The Client to Belgrin under this Agreement. Without limiting the generality of clause, the Guarantors acknowledge and agree that:
a. This Guarantee shall be a continuing Guarantee and shall not be determined by the death of any Guarantor or, in the case where the Guarantor is a company, by its liquidation;
b. All payments received by Belgrin shall be taken as payments in gross and the Guarantors’ rights to be subrogated in respect thereof shall not arise until Belgrin has received the full amount of Client’s indebtedness to Belgrin or the fully and proper performance of The Client’s obligations owed to Belgrin;
c. No time or other indulgence granted to The Client nor any variation in the terms of any contract, agreement or arrangement between Belgrin and The Client nor the release by Belgrin of any guarantee of security held by Belgrin shall in any way affect the liability of the Guarantor and that as between Belgrin and the Guarantor no cheque, bill of exchange or promissory note received by Belgrin in respect of The Client’s indebtedness to it shall be regarded as whole or part satisfaction of the obligations in respect of which it is given unless and until the same shall have been met;
d. The discharge, extinguishment or postponement by bankruptcy, operation of law, act of parties or otherwise of any part of the indebtedness of The Client shall not impair or affect the liability of the Guarantor hereunder;
e. If any payment made to Belgrin by or on behalf of The Client or the Guarantor shall subsequently be avoided by any statutory provision or otherwise howsoever such payment shall be deemed not to have discharged the Guarantor’s liability and, in such event, Belgrin and the Guarantor shall be restored to the position in which they would have been if such payment had not been made; and
f. Belgrin shall be entitled to recover from the Guarantor without first taking any steps or proceedings against The Client.
Belgrin acknowledges a duty not to disclose without The Client’s consent during, and after the term of appointment, any confidential information of The Client, provided that this obligation shall cease to have effect upon such information coming into the public domain. Should Belgrin be asked and/or find it necessary to divulge such information to anyone, they are obliged to speak to The Client first and foremost.
The Client agrees that for the period of the contract and for a further twelve (12) months after the cessation of the contract it will not solicit or endeavour to entice a member of Belgrin staff to cease employment and work for The Client.
The services provided by Belgrin, including but not limited to branding & graphic design, website design & development, PR, social media, advertising and marketing are all highly creative and subjective art forms. As such, Belgrin takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Belgrin cannot be held responsible for variations between Client expectation and project outcome.
This agreement shall be grounded, read, interpreted and construed in accordance with the laws of New South Wales, Australia.
Please address all questions to your Account Manager, or contact us here.
Last updated November 2018.