Dynamic Fusion

TERMS OF ENGAGEMENT

Terms of Engagement of Dynamic Fusion

These terms of engagement shall be construed as being agreed to by the previously mentioned party/s and will be a binding agreement upon the signing of this document at the bottom of the page. Please read all terms and conditions carefully. When this document refers to ‘we’ it means Dynamic Fusion and when we refer to ‘you’ it means the client.

 

DESIGN FEES AND ADDITIONAL CHARGES

 

1.1 The design fees will be in respect of total consultancy services rendered for the project, and is based on:

 1.1a The concept cost which is a fixed fee and predominantly covers the overall design concept. What is covered is covered in the individual proposal.

 1.1b The time spent on the project, whether at the client’s premises, the consultants studio or elsewhere.

 1.1c External suppliers costs at their hourly rate/quoted cost.

1.2 Unless specifically stated, all GST (Government Goods and Services Tax) is included in the quoted price.

 

QUOTATION VALIDITY

 

2.1 Fees quoted are valid for a period of 30 days from the date of the project quote. We may revise the quoted fees based on their then current rates for proposals not accepted within 1 month.

2.2 Fees from suppliers, such as printing, film, photography,  may also need to be revised 1 month after the date of the project quote.

2.3 Altered quotes from suppliers, may be revised at anytime and will be passed on to the client, 30 days after the date on the project quote.

 

 PAYMENT OF FEES

 

 The fee structure is based on prompt payment, hence the Terms of Engagement require payment of fees in the following way:

3.1 Unless prior arrangement have been made, a 30% deposit is to be paid to us before the commencement of this project.

3.2 Fees for all projects of A$10,000 or under are to be paid either:

      3.3a in progress payments no longer that 30 days apart.

      3.3b on completion of the project under 30 day's in duration.

3.3 Larger projects (over A$10,000) require progress payments. In these instances the method of payment required will be clearly outlined in the individual proposal.

3.4 Where projects are undertaken for overseas clients, full payment in Australian dollars free of any charges in required prior to release of any work.

3.5 We may terminate or suspend professional services, including withholding current work, fourteen days (14) after the expiration of any overdue payment. Termination/suspension will apply after you have been notified in writing.

3.6 Should, at any time, you wish to cancel further work for any reason, you will owe Dynamic Fusion:

      3.6a Termination fees which is the concept fee: Plus;

      3.6b monies for any work done up until the date of your notification. This also includes any outsourced materials that Dynamic Fusion has had a contractor fulfil.

3.7 Dynamic Fusion extend a 14 day period for payment of fees. Overdue fees (10% of the overdue amount) may be charged in addition to the monies owed for every month or part there of.

3.8 For work which exists from another client

The original production cost of any work is charged on the basis that only that company is making a return from our design ideas. Therefore the cost for other companies to use that artwork are directly related to the value that our work would bring for their companies. This cost is based on a percenage of the original cost of production plus changes needed for their application. Only artwork that has permission from the original owners may be used for an additional client.

 

 CHANGES TO THE BRIEF

 

4.1 Minor changes to the brief can usually be accommodated in the quoted fee. However, where major changes to the brief are required by the client at commencement or part way through the project, we reserve the right to revise the quoted fee in writing.

FINAL ARTWORK APPROVAL

5.1 Prior to any final artwork output, we will supply full colour mockups by either PDF or printed samples for you to sign off. It is your responsibility to check them thoroughly. While every effort is made to correct spelling and grammar, we take no responsibility for any mistakes that have been overlooked by you in the final proof.

 

 LEGAL LIABILITY

 

6.1 While all care is taken that the information provided is accurate and correct, we take no responsibility for any inaccuracies both in supplied material from you the client and information that we provide. Final checks of spelling, grammar, correct use of external files and colour are the responsibility of the client on the final proof.

6.2 Notwithstanding anything contained therein, neither the design organisation (Dynamic Fusion)  nor its servants or agents will, except as the law may require, be liable for any loss or other consequences (whether or not due to the negligence of the Dynamic Fusion, their servants or agents) arising out of the services rendered by the Dynamic Fusion.

6.3 All copyright and intellectual property rights of client supplied files are the responsibility of the client and we (Dynamic Fusion) except no responsibility for any breech of these rights.

6.4 We retain intellectual property rights on all design (including work from Dynamic Fusions suppliers).

 

 AUTHORISATION TO PROCEED

 

8.1 To proceed with a project we require this document signed, both on the quote document and on the terms of engagement (which indicates your understanding of these terms) or an email acceptance sent back to Dynamic Fusion.

 

OUR COMMITMENT TO YOU

 

9.1 Once work is paid for in full it is the clients and you are entitled to use it as you wish. This however does not include the native files (make up files) and the client is only entitle to PDF or JPG file. Should a client want the native file, Dynamic Fusion with state this in the term before the work begins.

9.2 In an effort to maintain the highest possible service to our clients, Dynamic Fusion keeps a copy of all files, which makes it convenient for changes or resupplying you with files at any time. Supplying unaltered files (which is a free service), can be accessed at any time.