terms & conditions
These Terms and Conditions govern the respective rights and obligations of Dawn Design Limited (“Dawn Design”) and a customer of our services (“you”). This Agreement applies to Your participation in using Dawn Design’s services.
These additional terms may be amended by Dawn Design at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication. These terms were last updated on June 2023
You acknowledge that You have read and agree to be bound by the following terms and conditions:
1. APPLICATION
1.1 These terms and conditions cover design, print and consultancy services to the Client (“you”) by Dawn Design Limited (“we”).
2. SERVICES PROVIDED
2.1 We will create a design solution for you in accordance with the brief supplied by you and agreed with us.
3. OUR RESPONSIBILITIES TO YOU
3.1 We will use our best endeavours to provide you with prompt, friendly service.
3.2 We will supply you with the agreed services and information you request, or we will fully explain why we cannot meet the request.
4. YOUR RESPONSIBILITIES
4.1 You must fully complete a brief and provide clear instructions in a timely manner.
4.2 You warrant that any material supplied for inclusion in your solution does not infringe upon the intellectual property rights of any third party, and that you have obtained all necessary consents and licences for the use of third party material you supply.
5. PAYMENT
5.1 We will invoice you in accordance with any quote we have previously given you for the brief, but in the event that you require additions or alterations beyond the scope of the agreed brief we may invoice you separately for the cost of that additional work.
5.2 We may require you to pay in advance for some expenses before we commit to incurring the expense and in such circumstances we will not be responsible for any delays caused by your failure to make payment to us.
5.3 Work in progress and expenses will be billed every 2 weeks. Payments for tax invoices issued must be paid in full within 7 days following the date of the invoice.
5.4 Should you fail to pay any outstanding invoice(s), we will be entitled to suspend our services and retain materials until such time as the outstanding invoices are paid in full. We will not be responsible for any consequences of the suspension of our services or retention of materials.
5.5 We may charge interest on any amounts outstanding at a rate of 2% per month from the date the amounts fell due to the date of payment, and you agree to reimburse us in full for all costs and expenses (including reasonable legal costs) we incur in recovering any outstanding amounts from you.
5.6 All prices quoted to you are exclusive of GST unless otherwise stated, and you shall pay the applicable GST.
5.7 All quotations are based on the conditions and specifications in the quotation, and cover all work and materials required to complete the order. Any variation or alteration to the specifications, copy and/or layout by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.
5.8 Unless otherwise stated this quote does not include photography, website hosting or domain name registration
5.9 All deposits and progress payments are non-refundable. They represent payment for services that Dawn Design will deliver as per the agreed contract/quote/specification.
6. RESOLVING DISPUTES
6.1 If you have reason to believe at any time that we are not meeting our responsibilities to you, you must make contact in writing as soon as possible and no later than 7 days after the invoice date for the work concerned. This will enable issues to be addressed in a timely manner.
7. INTELLECTUAL PROPERTY
7.1 You will own copyright of all executable files on final payment of all invoices relating to your project.
7.2 Any artwork or content materials you provide to us for the creation of your solution remain owned by you or the original owner.
8. REFERENCES
8.1 Unless otherwise agreed, we may use examples of the work we do for you when promoting our business. You must advise in email / writing if you do not wish this to occur
9. COMPLIANCE WITH CODES AND LAW
9.1 We will use reasonable endeavours to ensure that the final material we create for you does not infringe any applicable codes of conduct or law, but you shall have the final responsibility of ensuring that that the material does not infringe any codes of conduct or law.
10. ENDING THIS AGREEMENT
10.1 Either of us can end this Agreement by giving the other party 30 days written notice.
10.2 In the event that this Agreement is ended before we complete the work on your brief, we shall invoice you for all outstanding work (including expenses) and you shall pay in full within 7 days following the date of the invoice.
10.3 We will provide you with files and materials which you own as soon as all invoices due have been paid.
11. CONFIDENTIALITY
11.1 Both parties acknowledge that they may in the course of the engagement be exposed to or acquire information that is proprietary or confidential to the other party. Both parties agree to hold such information in strict confidence and to not divulge such information except as may be required by law.
12. EXCLUSION OF LIABILITY
12.1 While we take reasonable measures to ensure quality and accuracy, you must check that the solution meets your requirements before purchasing it.
12.2 Websites - Once websites are online, you are given three months to work with it during which time glitches and bugs will be fixed at no charge. Any problems that were not picked up during the three month testing phase or which occur later on as a result of situations beyond our control will be charged for at our normal hourly rate.
12.3 Proof Approval – Dawn Design is not liable for errors in the finished work where a proof has been submitted to and approved by you.
12.4 Electronic Images and/or Files – You are responsible for retaining a copy of any image or file supplied. We are not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise supplied files or images will be charged.
12.5 Colour Proofs – There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. We will however use our best endeavours to provide a commercially acceptable finished product.
12.6 In no event will we be liable to you or any third party for any damages, costs or expenses, including any lost profits or incidental, consequential or special damages arising out of the operation of or inability to deploy the solution, even if we have been advised of the possibility of such damages.
12.7 Illegal or Libelous Material – We are not required to reproduce any material that is, in our opinion, illegal or libelous in nature or that is in breach of any statute. We will be indemnified by you in respect to any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
13. INDEMNITY
13.1 You agree to indemnify us against any and all losses, claims, costs, expenses, actions, demands, liabilities or any other proceedings, whatsoever incurred by us in respect of any claim by a third party arising from or connected to any breach by you of your obligations under this agreement.
14. VALIDITY OF EACH TERM
14.1 Should any term of this Agreement become invalid for any reason, it shall be severed from this Agreement without affecting the validity, enforceability or legality of the remaining terms.
15. ENTIRE AGREEMENT
15.1 This Agreement constitutes the entire Agreement and supersedes and cancels all prior negotiations between the parties with respect to its subject matter.