CKGD Terms and Conditions

  1. Definitions
    • “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by CKGD to the Client.
    • “CKGD” shall mean Chris Koch Graphic Design (ABN 3486 3259 875), its successors and assigns or any person acting on behalf of and with the authority of CKGD.
    • “Goods” shall mean goods supplied by CKGD to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by CKGD to the Client.
    • Services” shall mean all services supplied by CKGD to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

 

  1. Acceptance
    • Any instructions received by CKGD from the Client for the supply of Services and/or the Client’s acceptance of Services or Goods supplied by CKGD shall constitute acceptance of the terms and conditions contained herein.
    • Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of CKGD.

 

  1. Payment & Fees for service
    • The Client agrees to pay the invoiced amount within the payment period as specified on the invoice. It is agreed that the fee for the Good/Service shall be the cost of quote/proposal provided.
    • A deposit of the total Good/Service cost will be invoiced at the commencement of work, as indicated on the quote/proposal provided, with the final amount payable upon completion of all work.
    • If the work time exceeds 4 calendar weeks in duration, CKGD may elect to invoice, and the Client agrees to make payments by invoices based on the work done to date.
    • CKGD will always give the Client prior notice should work exceed that which is outlined in a quote/proposal or an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been made, the Client agrees to pay appropriate fees for work outside the scope of the original quote/proposal.

 

  1. Liability
    • To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations (which are not included in these terms and conditions) in relation to the provision of the Goods or Services or any other goods or services delivered by CKGD are expressly excluded, and CKGD’s entire liability, and the Client’s sole remedy, is limited (at CKGD’s discretion) to:
      • with respect to the supply of Goods:
        • the replacement of the Goods or the supply of equivalent Goods;
        • the repair of the Goods;
        • the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
        • the payment of the cost of having the Goods repaired; and
      • with respect to the supply of Services:
        • the re-supply of the Services; or
        • the payment of the cost of having the Services re-supplied.
      • The Client agrees that in no event will the liability of CKGD exceed the fees actually paid by the Client to CKGD. Further, CKGD will not be liable in any way for any consequential damage, which may be caused as a result of any alleged negligence or breach by us of these terms and conditions.

 

  1. Service cancellation
    • It is agreed that the Services may be cancelled by the Client or CKGD by written notification;
    • Should the Client breach this agreement or the payment terms as indicated on the invoice; CKGD also reserves the right to cancel the agreement by written notification.
    • In the event of cancellation for any cause, the Client will be responsible for the deposit payable as indicated on the quote/proposal. CKGD also retains the right to invoice the Client for all work completed up to the date of receipt of the cancellation.

 

  1. Confidentiality
    • The quote/proposal is strictly confidential and must not be copied, forwarded or shown, in part or in whole, to anyone that is deemed by CKGD to be a competitor of CKGD. This generally includes other freelance designers, graphic design studios, advertising agencies, creative firms, web developers and printing companies that offer design services.

 

  1. Copyright
    • Unless otherwise stated in the quote/proposal, it is agreed that CKGD will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the Services outlined in the quote/proposal.
    • If CKGD offers to release intellectual property and the Client agrees to pay the proposed copyright fee, CKGD will then assign full copyright ownership of the work to the Client upon payment of all monies owed in full.
    • CKGD always retains the right to use the completed works resulting from the Goods or Services and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.
    • Any third party photography, stock imagery and copyright materials will remain the property of the respective third party and, where appropriate, will be used under the licence agreement to which they are distributed.

 

  1. Client Warranties
    • The Client agrees to exercise due diligence in its direction to CKGD regarding preparation of materials for the purposes of the Goods/Services and must be able to substantiate all claims and representations, and shall only provide CKGD with true, accurate and correct information and details.
    • The Client is responsible for all trademark, service mark, copyright and patent infringement clearances.
    • The Client is responsible for arranging, prior to publication, any necessary legal clearance of materials CKGD prepares as a result of the provision of Goods/Services.
    • The Client agrees not to provide to CKGD, or request CKGD to include in any Good/Service, any material that infringes the law or any third party rights.
    • To the full extent permitted by law, CKGD will not be held liable for any legal infringements as a result of artwork being distributed or published under the Client’s direction.  The Client indemnifies CKGD from all third party claims made against CKGD in connection with materials published as a result of the provision of Goods/Services (or otherwise connected with the Good/Service) at the Client’s request.

 

  1. Marketing and Publication
    • After the completion of the Services, CKGD might include the design created for the Client on their website, LinkedIn, social media, and for other marketing purposes.
    • Where the Services involve website development, the Client agrees to allow CKGD to place a link to CKGD’s own website on the Client’s website. This will be in the form of a small logo or line of text placed in the footer or towards the bottom of each website page.

 

  1. Print Services
    • With all printing there may be some colour variations in the final product in comparison to on screen mock-ups and previous orders. This is due to the nature of printing and bulk-run printing system. CKGD shall be under no liability whatsoever for any variations and there will be no reprints at the expense of CKGD.

 

  1. General
    • If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
    • CKGD shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by CKGD of these terms and conditions.
    • CKGD may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
    • CKGD reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which CKGD notifies the Client of such change.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
    • The failure by CKGD to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect CKGD’s right to subsequently enforce that provision.