Terms and Conditions
1. INTRODUCTION
1.1 If you require any changes to the Terms and Conditions contained herein you must submit in writing and signed by an authorised representative of McCrory Creative prior to the acceptance of a job.
2. INSTRUCTIONS MUST BE IN WRITING
2. 1 To make sure the job runs as smoothly as possible all instructions and expectations must be agreed in writing.
2.2 By contracting McCrory Creative for work, you agree that you have read these Terms and Conditions.
3. ORDERING AND ACCEPTANCE
3.1 If you request McCrory Creative to perform a job in unison with a quotation and McCrory Creative accepts that request then that acceptance will form a binding contract incorporating the terms of the relevant quotation and these terms and conditions.
3.2 Quotations remain available for acceptance for 28 days from the date of the quote. After that a revised quote may be required.
3.3 All quotations are exclusive of GST.
3.4 All quotations are based on current market rates, conditions and specifications in the quotation, and covers all work and materials required to complete the order. If there are any changes to the specifications, copy, website design or layout by the customer, there may be an increase in material costs, or a change in the delivery schedule or deadline. This may require a new revised quotation.
3.4 Payments for tax invoices issued must be paid in full 7 days following the date of the invoice.
3.5 McCrory Creative reserves the right to impose a credit limit at any time.
3.6 Interest will be charged at a rate equal to the standard commercial overdraft rate applied by McCrory Creative’s bankers plus 2% on all amounts outstanding from the customer to McCrory Creative after the due date for payment.
3.7 Supply and work may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees.
4. PRICE AND TIMEFRAMES
4.1 If we incur any costs due to incorrect information that you have provided, or if you fail to report any errors and proofs that are provided to you for checking before we send to print, we will be entitled to include any costs in your invoice.
4.2 If you want a job with a timeframe that would be considered faster then normal McCrory Creative may charge a quick-turnaround rate of 20% on top of normal charges. We will let you know if your job is subject to the quick-turnaround rate.
4.3 If we are unable to complete a job on time due to circumstances out of our reasonable control, we will let you no what is wrong and likely time of delay and, if we can complete the job within a reasonable time, we will deem our obligations to you as complete.
5. COST OF DEBT RECOVERY
5.1 The costs of debt collection are payable by the customer and/or guarantors. The customer and guarantors agree to reimburse McCrory Creative Limited for all costs reasonably incurred by McCrory Creative Limited in recovering payments due from the customer and/or guarantors.
5.2 For large orders McCrory Creative reserves the right to request a deposit before commencing the job.
5.3 Payment is payable by direct credit via Internet or Telephone banking. Bank account details for such payments are on the tax invoice.
5.4 Complaints regarding finished goods must be received by the supplier within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.
5.5 Experimental and/or Creative work, preliminary sketches, dummies and other creative work will be charged for by McCrory Creative.
5.6 While any monies are outstanding by the customer to McCrory Creative, the customer grants to McCrory Creative the right to enter premises where goods are stored and remove them.
5.7 On payment of all then unpaid invoiced amounts, you will have the right to use the goods and/or services supplied by us to you for the purpose of your business (this does not include any goods and/or services that you have rejected). Your rights are personal to you and unless we agree in writing otherwise, incapable of being signed, licensed or otherwise, used for the benefit of any other party.
6. PROOF APPROVAL
6.1 McCrory Creative is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
7. TERMINATION OF CONTRACT:
7.1 Where a contract is cancelled by the customer, all work properly done by the supplier will be paid for by the customer. Contracts for the printing of periodicals can only be cancelled on the supplier receiving the agreed amount of notice in writing.
8. CANCELLATION OR POSTPONEMENT OF BOOKING
Where the Client cancels or postpones a Booking appointment, the Client must pay, at McCrory Creative’s discretion, the amounts that have already been invoiced or are due as outlined on the Booking agreement, regardless of whether the appointment is attended or not.
Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at the McCrory Creative’s discretion, cancellation or postponement.
The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not changed.
9. OWNERSHIP AND INTELLECTUAL PROPERTY
9.1 The copyright in all Photographic Works, Design, Product, Website or Graphic (Works) resulting from the Booking or Order remains the property of the McCrory Creative. Where McCrory Creative designs any product, mechanism, website, graphic, or takes any photograph, the intellectual property rights remain the property of McCrory Creative unless agreed in writing that the rights should pass to the customer. All work completed by McCrory Creative is subject to copyright and terms and conditions of trade. Reproduction or issue to third parties in any form what so ever is not permitted without authority from McCrory Creative.
9.2 McCrory Creative grants the Client a non–exclusive Licence to use those parts of the Works selected by McCrory Creative and presented to the Client, however this Licence does not include the right to copy, reproduce or publish the Works or any part of the Works. The Client may license any or all of the Works from the selection.
9.3 The Client acknowledges that the purpose of the creation of the Works includes the right of McCrory Creative to:
(a) Enter the Works into competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
(b) Advertise or otherwise promote the McCrory Creatives Work; and
(c) Submit the Works for display at art galleries or other premises; and
(d) Use the Works for any other purpose within McCrory Creative’s business activities.
9.4 McCrory Creative reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to you prior to the purchase if not included in the original quotes.
9.5 If you supply us with any drawings, sketches, designs or specifications, you warrant that our use of the same will not infringe the rights of any personal entity and you indemnify us for any costs, expenses, damages or liabilities incurred by us arising directly or indirectly from any breach of such warranty.
10. CONDITIONS OF LICENCE
10.1 This Licence to use, and the right to use, the Created Works comes into effect from the date of full payment of the Order, except where McCrory Creative gives express written permission.
11. WEBSITE DESIGN CREDIT
11.1 You agree to allow McCrory Creative to place a small credit on printed material exhibition displays, advertisement and/or a graphic design of us on your website if we have designed your website. This will be in the form of small logo or line of text placed towards the bottom of the web page.
11.2 You also agree to allow us to place websites and other designs, along with a link to your website on our own website for promotional purposes.
12. CONSUMER GUARANTEES ACT 1993
12.1 If you are requiring any goods and/or services from us for the purposes of a business, or if you are holding yourselves out as acquiring any goods and/or services from us for the purchase of a business, you agree that the implied guarantees in the Consumer Guarantees Act 1993 will not apply to the relevant goods and/or services supplied by us to you.
13. ELECTRONIC IMAGES AND/OR FILES:
13.1 It is the customers responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.
14. TECHNNOLOGY
14.1 We only support technologies for browsers and computer settings that are current at the time of development. We accept no responsibility if technology changes and the products or services provided by us to you is no longer accessible.
15. CONFIDENTIALITY & PRIVACY
15.1 We reserve the right to disclose to potential and existing customers of ours your finished work for marketing purposes unless otherwise specified to us by you in writing. We agree to protect your confidentiality and to ensure your business is protected from competitive or otherwise influences when disclosing any material produced on behalf of or for you to our prospective or existing customers.
16. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
16.1 The Client shall fully indemnify McCrory Creative in respect of any claims, costs, or expenses arising out of any illegal or defamatory Works produced for the Client or any infringement of an intellectual property right of any person.
17. COLOUR PROOFS
17.1 There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. McCrory Creative will however use its best endeavours to provide a commercially acceptable finished product.
17.2 You specifically acknowledge that graphic design, strategy, photography, illustration and marketing are all highly creative and subjective art forms. As such we endeavour to take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however we cannot be held responsible for variations between expectation and outcome.
18. COLOUR VARIATION
18.1 The Client acknowledges that Works may fade or discolour over time due to the inherent qualities of materials used. The Client releases the McCrory Creative from any liability for any claim based upon fading or discolouration.
19. ILLEGAL OR LIBELLOUS MATERIAL:
19.1 The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
20. PHOTOGRAPHER NOT LIABLE FOR LOSSES
20.1 Except as provided for by the Consumer Guarantees Act 1993 McCrory Creative shall not be liable for:
(a) Any loss or damage arising by reason of any delay in the completion of the Works; or
(b) Any loss of profits; or
(c) Any indirect or consequential loss of whatever nature; or
(d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by McCrory Creative of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of McCrory Creative.
21. LIABILITY
21.1. McCrory Creative’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of services by McCrory Creative, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.
22. SUPPLIERS LIABILITY
22.1 Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. The supplier will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the customers responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier.
23. FORCE MAJEURE
23.1 Neither the Client nor McCrory Creative shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside McCrory Creative’s control.
