Terms of Service
Introduction
This estimate/quote and the accompanying terms of service are a contract between Ziba Agency Pty Ltd (ABN: 66 663 580 434) and the Client.
These terms of service are the contractual terms which apply to the supply of marketing services and any other services provided by Ziba Agency Pty Ltd (Ziba) to the client (services). Please read these terms of service carefully, as by engaging Ziba, the client acknowledges that it has read and understood these terms of service and agrees to be bound by them.
These terms of service are the only contractual terms which apply to the provision of services by Ziba, and these terms and conditions apply to the exclusion of any terms and conditions contained in any document provided to Ziba by the client.
Scope Of Works
If the scope of works varies, the final cost of design increases beyond the assumption of above or if the project is delayed at any stage for a period of 6 or more months (for any reasons including client instruction or for reasons outside the control of the designer), Ziba have the right to review the fee proposal to reflect current market rates and reconcile fees accordingly.
Should any additional work be required and approved by the client, this work will constitute a variation to our contractual agreement and will be charged at the current agency rate of $150 per hour.
Hourly rates may increase annually in line with CPI increases. You will be informed of any planned increases which will be reasonable and kept to a minimum.
Exclusions
This fee does not include GST. This fee does not include any external suppliers such as, samples, prototypes, proofs, printing, manufacturing and production. Should any of these services be required Ziba will source competitive quotes with preferred suppliers and provide these along with relevant supplier management fees either in the proposal or on a separate quote for your approval. 10% supplier management fee applies to all external services.
Payment Terms
Our fees are broken down into stages and are invoiced progressively through the project. 50% of the project fee is required prior to the commencement of the first stage. The remaining amount will be invoiced as each stage is completed.
Monthly services will be invoiced separately to the rest of the project and must be paid in full upfront prior to the commencement of each months work. The clients first biling date will be communicated during the onboarding process and future invoices will be scheduled on the same date every month following. When receiving the first invoice clients must set up direct debit and all future payments will be made automatically on that date.
All invoices are due within 14 days from issue date. Invoice queries will be accepted if received in writing within 7 days from date of invoice.
Author Corrections And Variations
Quotation allows for two rounds of client revisions along with two face to face meetings. Any additional revisions or meetings, will be charged at agency rate of $150 per hour.
Hoarding Permit And Construction
Hoarding Permit and construction is the responsibility of the Developer, we can arrange a quote for you on your behalf for this aspect.
Intellectual Property
Ownership of all concepts, drawings, visuals and design applications, together with the copyright therein, shown for the purpose of approval remain the property of Ziba. They may not be reproduced, taken in artwork, used for design application or any means of implementation anywhere in the world without the written permission of Ziba. The customer shall own the final design strictly for the purpose intended, only once payment in full of all invoices has been made by the customer to Ziba.
Limitation Of Liability
The client acknowledges and agrees that we are providing our services at the direction and pursuant to the instructions or requirements of the client. Our works and services are created from the information supplied to us by the client and we will ensure all efforts in creating works reflecting the design intent based on that information. The designated client lead signing the acceptance holds sole responsibility for accuracy of all the final works. Notwithstanding any act or omission by us, including negligence, the client accepts all risk in relation to the works and services created by us and releases and forever discharges us from all and any loss, damage or liability arising in relation to the provision of our works or services, including any claim by a third party, for any reason whatsoever and will indemnify and hold us harmless from and against all loss, damage or liability (including indirect or consequential), except to the extent any legislation applies and cannot be excluded. This clause applies on commencement of work for the client, is a continuing separate obligation and it survives termination.
Termination
Either party (Client and Ziba) may end Ziba’s engagement to provide the services at any time by advising the other party in writing. If Ziba’s engagement to provide the services is cancelled by either party after project approval is provided to Ziba, the Client acknowledges and agrees that it must then immediately pay Ziba the fees incurred by Ziba during the performance of the services to the date of cancellations; and any disbursements incurred by Ziba on the Client’s behalf to the date of cancellation.
If the Client fails to pay the contract price, Ziba may take such action as it considers appropriate to recover the contract price. The Client must not withhold payment of any part of the contract price because of any dispute or claim.
All costs and expenses incurred by Ziba in collecting or attempting to collect any amount owing by the Client under these terms of service, including legal costs will be added to the total outstanding debt and are payable by the Client.
Other
Ziba retains the right to use all images created for any client for its purposes, including promotional activities and competition entries. Except where this conflicts with any confidentiality agreement.
The Client acknowledges and agrees that the person who signs this document accepts these terms of service on the Client’s behalf and is authorised by the Client to sign these terms of service on behalf of the Client.
The Client acknowledges that Ziba is entitled to take instructions and obtain approvals from any representative of the Client liaising directly with Ziba’s representative.
This quote is valid for 30 days from date of issue.