Client Engagement Terms of Service
At Smartfish Creative we aim to provide the utmost service for our clients, in both quality and efficiency.
We endeavour to meet all deadlines set on all projects, whether it be design, web or print services.
As our client, to ensure all jobs run smoothly, we offer terms & conditions that are designed to be fair to both parties, and
Please read the Terms & Conditions outlined and ensure you clearly understand them.
If you are unsure about anything, or disagree to our terms, please approach up regarding this prior to commencement of your project.
This is a binding contract of services between Smartfish (‘The Supplier’), and your business (‘The Client’), and by signing the following you are agreeing you our terms and conditions, unless otherwise agreed in writing by both parties.
The following conditions are represented under Australian Law, and apply to all companies, clients or individuals (‘Clients’) engaging the services of Genetiqe Pty Ltd, Trading as Smartfish Creative, it’s contractors, or subcontractors.
Terms & Conditions
The following terms and conditions cover all work/services entered into by The Client with The Supplier for services relating to and including graphic design, web design/development, printing, and all conceptual work including concept design.
If the Terms & Conditions change we will notify you 7 days prior to the change of details.
While the initial consultation between The Client and The Supplier is provided at no charge, additional meeting time outside of the original agreed quotation may include a cost by The Supplier.
And additional work provided by The Supplier outside of the original Brief, including major changes, additional content provided by the client well into the project, or other major variations that affect the time allowance of a project may incur additional costs, billed in 30 minute increments.
The Supplier may terminate the contract between themselves and the Client for any viable reason deemed applicable if they wish, without prior notification given.
Terms of Contract – Payment
The Supplier reserves the right to request part payment/deposit from The Client prior to commence the project. This is based upon a 50% initial deposit for all new clients and for all projects, or 100% for clients with have previously had numerous outstanding accounts.
This invoice will be presented by The Supplier prior to commencing the project, and is payable by The Client before commencement. By making the initial payment you are entering into the contact with The Supplier.
The Supplier reserves the right not to commence with any of the services or additionally requested services prior to receiving the payment from The Client.
The Supplier reserves the right to invoice the work commenced or completed for The Client if the project exceeds 60 days, or if the job remains idle for more than 30 days due to The Client. In the event that the job has remained idle for more than 30 days due to no response from The Client, the job may be deemed complete and cancelled by The Supplier, and request of full payment due (minus initial deposit), be paid. All artwork and concepts therefore remains the property of The Supplier until full payment has been received from The Client. If non-payment occurs, The Supplier has the right to initiate external Debt Collection processes or legal action, in which The Client will be responsive for the monies owed, and any collection service fees incurred.
All payments are to be made within 14 days of the invoice date, unless alternative agreements have been made between The Supplier and The Client prior to commencement of the project.
If the invoice amount is not received within 30 days please note that the terms of your contract will be changed to request full payment upfront for remainder of services or future projects unless otherwise agreed. All projects may be placed on hold by The Supplier until full payment has been received.
A $10 per month account service fee may apply to The Client on overdue accounts if reminder of payment is required after 14 days.
For website clients, if your account is 30 days overdue your website, or services provided may be immediately suspended with or without prior warning, and an additional fee of $50 incurred to reinstate the website or services.
This includes new website development services or additional services requested to existing websites.
The Supplier reserves the right to charge additional costs if major amendments to the original Brief are requested.
This includes supplying additional content for websites beyond 50% completion of the project.
The Supplier’s terms of payment for design and web services are 50% deposit prior to commencement, followed by 25% three quarters of the way through the project, and then final 25% of payment due upon completion.
For print based services full/final payment is due upon receiving goods.
Money-Back Guarantee on Services
At Smartfish we are so confident you’ll love our work that we offer a 100% full money back guarantee on our web design services. If you’re not 100% happy within 30 days of the delivery of your website, if we can’t make you happy we’ll refund you every dollar. (This offer valid from 1st August 2019)
Urgent Services requested outside of Business Hours
For work required outside of normal business hours (Monday to Friday 8.30am – 5.30pm) a 20% surcharge is applicable. By requesting our services specifically to be carried out after hours you are accepting this policy.
Additional Payment Policy for Particular Industries
Due to previous payment or job completion issues with a few particular business industries, clients in the following areas of service are required to arrange full payment prior to commencement;
Business Coaches, Personal Coaches, Psychologists, Lawyers/Solicitors
Smartfish and its staff have the right to refuse clients or projects for any reason if we so deem fit.
Copyright Ownership of Content & Artwork
Ownership of all creative design provided by The Supplier remains the ownership of The Supplier until full payment has been received by The Client.
This includes, but is not limited to; graphic design, concepts, artwork. Unlawful use of these designs prior to completion and payment is strictly prohibited, unless authorised by The Supplier prior.
The Supplier agrees to keep an archive of all projects for active clients for a period of 24 months from the date of final payment, however is not held responsible for loss of content during this period caused by electronic failure of storage. If client has outstanding debts to Supplier this offer may not be valid unless prior arrangement made. If longer storage is required, arrangements can be made.
The Client is responsible for all trademark, patent, copyright infringement clearance, and indemnifies The Supplier against any loss or damage relating to or arising either directly or indirectly from any use of text, photos, similarities or other Intellectual Property not under ownership of The Client.
The Company reserves the right to charge a file transfer or collation fee for any requested Finished Art or other files that are over 6 months old.
It is the Client’s responsibility to ask for the final files or request the Supplier’s Archival service if they would like the files stored.
Fonts and images provided by The Supplier are under license to external providers, and cannot be transferred to The Client without purchase of the related licenses by The Client.
The Client agrees to allow The Supplier to display their designs on the Supplier’s website/portfolio for self-promotion, unless notified by the Client in writing.