Be Visual Co Pty Ltd Terms of Service

Thanks for choosing Be Visual Co for your creative services. To ensure a smooth and fun collaborative process and to protect our working relationship, we appreciate your agreement to the following terms of service…

Acceptance of estimates & terms and conditions

The placement of an order for design and/or any other services offered by Be Visual Co and validated by the customer’s signature on the estimate or quotation form, an email of approval, or a purchase order, forms a legal Contract for Business between the signatory and Be Visual Co to commence production and agreement to comply fully with all the Terms and Conditions outlined here.

Estimates

All pricing is subject to GST. Estimates and are valid for 30 days from date of issue.

Briefing

All project details must be advised clearly in writing. While due diligence is taken to note details in a phone call, Be Visual Co will not be held liable when details are not supplied by email.

Changes to initial brief

If Be Visual Co deems that additional requests or changes are beyond the scope of the initial brief and will incur extra time. The item will then be either quoted separately, or charged as an extra, at full hourly rates. Be Visual Co will not be held liable for artwork that is different to what the client was expecting when changes have not been clearly communicated.

Commencement Deposit

New client projects and jobs totalling more than $1,000 (ex GST) require a minimum 50% deposit upfront for production to commence OR the establishment of a client advance account to draw down from (please contact us to set-up)

Commencement

Production will be scheduled once the estimate is signed by the client or approved via email AND the commencement deposit or a client advance account is established

Client advance accounts

It is the clients’ responsibility to be aware of their remaining account balance shown on their statement at the end of each month. Any work requested without a client package in place will be billed at standard hourly rates.

Turnaround timeframes

Minimum turnaround time for artwork is 5 working days depending on the product. Jobs required within 24 hours may incur a fast turnaround fee.

Intellectual Property

All creative ideas, artwork and designs provided by Be Visual Co remain the property of Be Visual Co and are protected by Australian IP (intellectual property) Law. Any breaches or IP infringements are subject to legal action.

Accepting proofs

When accepting artwork proofs, you are held fully responsible for accepting all content including design, layout, spelling, grammar, size and quantity. It is your responsibility to request another copy if your proof is difficult to read or if changes are required. Be Visual Co will not be held liable for errors in artwork with printed products once proofs are approved by the client.

Amendments

All estimates include two (2) rounds of changes (unless otherwise stated) OR until time limit is reached, whichever occurs first. Extra revisions that require additional time than originally quoted will be charged at an hourly rate.

After hours rates

Any services required after 7pm on weekdays or on weekends will be charged at an after hours rate of 1.5 times the client’s set rate.

Stock Photography

Cannot be quoted before production commences. Prices for stock photos will be advised for client approval during artwork proofing and will be charged as an additional item at the time of invoice.

Printing

Any disputes with the quality of printed products where a reprint may be necessary must be advised in writing within seven (7) days of delivery.

Adhering to deadlines

Be Visual will not be held liable for missing deadlines when the final content has not been supplied by the client at least 3 business days prior to printing, press or submission deadlines.

Delivery of physical product

Be Visual Co will not be held liable for printing products that are damaged, lost or delayed when delivered by post or courier.

Qualifications and experience

Be Visual Co states that its directors, employees, agents and contractors have the industry qualifications and experience appropriate for services provided by a creative agency.

Obligations

Be Visual Co will ensure that services provided are performed by Be Visual Co diligently, competently, with care and skill and in a proper professional, conscientious, expeditious and workmanlike manner, in conformity with sound professional practice in the industry in which Be Visual Co Works. Be Visual Co may engage sub-contractors to carry out any part of the Services at its discretion with client’s approval, which must not be unreasonably withheld, conditioned or delayed.

Commercial rights to Artwork

Clients do not hold commercial rights to artwork until invoices are paid in full. Artwork will remain the intellectual property of Be Visual Co unless otherwise discussed. Flattened artwork can be supplied to the client on completion of payment. Final artwork can be provided on disk for a fee. Future orders of the same product with same design will only incur a print management fee.

Limitation of Liability

BVCO’s total aggregate liability for all claims, demands or proceedings under this Agreement and all Statements of Work, including under any indemnity, whether in contract, in tort, or negligence, breach of statutory duty or otherwise or under any indemnity (to the maximum extent permitted by law) must not exceed the greater of:

  • $1,000,000; and
  • the amount equal to 2 times the Service Charges for the affected Projects actually paid by Client to BVCO during the 12-month period preceding the loss.

The Parties acknowledge and agree that, to the maximum extent permitted by law, BVCO will not be liable for any act, error or omission of a Consultant during a Project, including but not limited to any liability by way of negligence or arising from any duty of care which may exist, whether by way of contract or otherwise, and Client will not make any claim against BVCO based on any act or omission of a Consultant of any nature.

Neither Party will be liable under this Agreement or any Statement of Work, including under any indemnity, for any indirect, punitive, special or consequential damages or loss (including but not limited to loss of actual or anticipated revenue, loss of business or goodwill, loss of use or operation, anticipated savings or any claims made under third party contracts) howsoever caused or arising under this Agreement or any Statement of Work.

Indemnity

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, its officers, directors, agents and employees against any third party claim, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from a material breach of this contract, except to the extent caused by the act or omission of the indemnifying Party its officers, directors, agents and employees. This indemnification shall survive the termination of any tasks or projects.

Confidentiality

Each Party must not at any time disclose any confidential matters or information relating to the business of the other party or any customers or agents of the other Party which may become known to it.

Privacy

Be Visual Co will never share your data or details with anyone.


If you have any queries about our terms of service, please GET IN TOUCH and we’ll respond as soon as possible