Terms & Conditions : Subscriptions
This document defines the terms and conditions of our working relationship. All projects or services that Born By Subtraction (Soon Co) may be contracted to produce or provide for Customer (hereby referred to as Client). By paying the first month of any Subscription Package you will be subject to the following;
SCOPE OF WORK 1.1. The hours of work is as per provided notes and subject to the same assumptions. Should the hours of work change in any way, this estimate is subject to revision and additional work will not be undertaken until the Client has approved the revised estimate.
TIME SHEETS AND PRODUCTION SCHEDULES 2.1. Soon Co will share the time sheets of all work undertaken during the subscription timeframe. 2.2. Soon Co will advise the Client of time utilized on a weekly basis and will alert the Client should it become apparent that significantly more or less time will be needed to complete the work specified. 2.3 Production schedules will be established and adhered to by both Client and Soon Co, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of Client or Soon Co. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
PAYMENT 3.1. Payment for subscription is due at the beginning of every month, paid in advance. All invoices are payable within 15 days. If payment is past due all work stops and cease to commence until invoice is paid in full. Interest on past due balances is 1.5% per day after 10 days, and charged monthly. 3.2 The grant of any license or right of copyright is conditioned on receipt of full payment. 3.3. Soon Co reserves the right to suspend work or withhold material should the Client be in breach of the payment schedule until such time as the Client rectifies the situation. 3.4 Client shall assume responsibility for all collection of legal fees necessitated by default in payment. 3.5 Client agrees to pay Soon Co in accordance with the terms specified in the subscription.
ESTIMATES / QUOTES 4.1. The fees and hours shown can be used for any design services and will be tracked. Should the hours go over the stated Client agrees to pay Soon Co at an hourly rate of AUD $85 p/h. If this is the case Soon Co will let Client know in advance before commencing any additional work. Final fees and expenses shall be shown when invoice is rendered. Client approval shall be obtained for any increases in fees or expenses. 4.2 20% of any remaining hours will roll over to the next month (if you have a continuing subscription) otherwise these hours are non-refundable. 4.3 Fees for professional services do not include outside purchases such as, but not limited to, typefaces, printing, photography, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. 4.4 Estimates/quotes does not include the handover of working files, these can be supplied at an additional cost.
CONFIDENTIALITY AND OWNERSHIP OF MATERIAL 5.1. All work undertaken by Soon Co shall be confidential, until such time as the material becomes available in the public domain. 5.2 Once a project has been delivered and is fully paid for by Client, Soon Co will assign the reproduction rights of the design for the use(s) described in the brief. 5.3 All design and art work created (or purchased) by Soon Co, remains the right of Soon Co, unless the Client purchases “All Rights” from Soon Co. If Client wishes to use the design for another purpose or project, including a reprint or exhibition, Client must contact Soon Co to arrange the any additional licences or fees before proceeding. If printing or other implementation is done through Client vendors, Client agrees to return Soon Co all original mechanicals and artwork within two weeks, and to provide printed samples of each project. 5.4 Soon Co reserves the right to photograph and/or distribute or publish for promotional and marketing needs any work that have been created for the Client, including mock-ups and comprehensive presentations, as samples for Soon Co portfolios and similar media. 5.5 Soon Co agrees to store project data for a period of 12 months beyond the delivery of a job. Thereupon, Soon Co reserves the right to discard them.
CANCELLATIONS, ERRORS AND OMISSIONS 6.1.In the event of cancellation of the subscription, ownership of all copyrights and the original work shall be retained by Soon Co and a cancellation fee for work completed, based on the subscription price and expenses already incurred, shall be paid by the Client. Cancellation requires a 30 days notice in writing. Cancellation can be made at any time by contacting firstname.lastname@example.org 6.2 Soon Co will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on Soon Co part, however, Soon Co is not responsible for loss, destruction or damage or unauthorised use by others of such property. Soon Co will use their best efforts to ensure quality and timely delivery of all pieces. Although Soon Co will use their best efforts to guard against any loss to you through the failure of her vendors, media, or others to perform in accordance with their commitments, Soon Co is not responsible for failure on their part. 6.3 If you select your own vendors, other than those recommended by Soon Co, you may request that Soon Co coordinates their work. If at all possible, Soon Co will attempt to do so, but Soon Co cannot in anyway be held responsible for quality, price, performance or delivery. 6.4 It is the Client ’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Soon Co is not liable for errors or omissions. Client approval (online or offline confirmation) or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
CODE OF FAIR PRACTICE AND LIABILITY 7.1 Client and Soon Co agree to comply with the provisions of the Code of Fair Practice. 7.2 Client agrees that it shall not hold the Soon Co or his/her agents or employees liable for any incidental or consequential damages that arise from Soon Co's failure to perform any aspects of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Soon Co or a third party.
OUT OF OFFICE HOURS 8.1 Good design takes time, please allow generous lead time if possible, we will always try to fit you in. 8.2 Our studio has strict work life balance policy, if you require work after hours or weekends it comes at an additional charge. (After hours: all hours spent will be multiplied by 2).
ACCEPTANCE OF TERMS 9.1 Payment of the 1st month of any of the available subscription packages indicates that you have read and accepted and wish to comply with these Terms and Conditions. 9.2 Service begins as soon as payment of the first month has been made and confirmed by Soon Co.
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