The
Legal Stuff.
Some important info about how we work around here. It’s all boring but pretty important.
Accepting an Agreement, Quote or Contract
These terms and conditions are part of our engagement process with any business and irrespective of job size or scale. We assume that by accepting an agreement, quote or contract you have read these terms and conditions in full, as set out below.
By accepting an agreement, quote or contract via email or deposit confirmation you are agreeing to the services as outlined in the Project Scope and description of deliverables in Services & Fees. You agree to pay for all of the provided services, and agree to these terms and conditions.
Time
As we sell our expertise and measure its consumption by time, unless you have made other arrangements, please expect to be billed for time spent sat down with a Project Manager, Designer or Web Developer from the thewarehouseproject team. All our clients are billed in 15 minute increments to ensure they are only billed for the work we have done. An initial discovery meeting to discuss the potential work required for a new client will not be billed. No work will be commenced without a signed quote, or written confirmation such as email.
Account Management
Travel time is not billed, unless it is outside of South-East Queensland and then it will be billed at 50% of our agreed hourly rate. Hard travel costs will be billed to the client at cost. Unless otherwise stated, meeting hours will be billed as account management hours. Unless otherwise agreed, if there are two members or more from thewarehouseproject attending these meetings, both their respective time will be billed.
Where the client terminates a monthly hours agreement there will be no refund for unused hours that have been paid for upfront. Where thewarehouseproject terminates the contract, unused hours will be refunded within 30 days.
‘ASAP’
As part of our proposition we aim to get all client work done in the time-frame requested. We are often faced with ‘ASAP’ request from clients, which impacts our work by delaying other client projects, where possible, in order to meet the ‘ASAP’ deadline. Although we are committed to turning around work as quickly as you need it, the more notice we can get the better, to allow us to plan projects effectively around pre-identified timescales. In all cases, if we are unable to do your job when requested, we will let you know immediately.
Graphic Design
All our quotes incorporate ONE set of minor changes to the final artwork we produce. This can include colours, positioning, styling, images, fonts and so on. Major changes to design work will cost additional time billed in 15-minute increments at 100% of the agreed hourly rate. Should thewarehouseproject be engaged to integrate stock images into any design, sourcing these images will incur an additional cost if not included in the original quote or invoice.
Web Design
Unlike traditional design, web design requires a much more linear approach to time usage. This means that frequently changes cannot be made until other areas are finalised, and some aspects cannot be started until other aspects are finished. This can cause projects to go past expected completion dates more frequently than in other areas. If you have a specific deadline for your project, then please make your Project Manager aware of this at the commencement of the work so that we can endeavour to have your project completed in time.
E-News & Email Signatures
There are industry-wide known issues with HTML newsletter compatibility with several mail clients such as MS Outlook 2007, MS Outlook 2010, MS Outlook 2017 and Gmail through some web browsers. There may be issues with other email clients that we can’t anticipate, as every email client deals with HTML code in different ways and frequently email clients make changes without notifying the industry.
We will design a template that should overcome these issues however we can’t guarantee it. We will run a design test to identify these issues and then if you require us to re-do a design due to compatibility issues it will be charged on an hourly basis.
All e-news are subject to a variable send charge, plus an agreed fee per individual email.
Printing
For small print jobs, thewarehouseproject will deliver a sole quote through our nominated supplier, which may or may not consist of a written quote or email correspondence. For larger print jobs, thewarehouseproject source two quotes from our nominated suppliers. All printing requires payment up front before any job is released. Whilst we endeavour to deliver high quality printing, and are confident of print outcomes, we cannot guarantee quality or timescales.
Copywriting
thewarehouseproject can offer copywriting services for brochures, digital and advertising charged at our agreed hourly rate. We can also ensure that any digital copywriting adheres to search engine optimisation guides. For larger more complex jobs, this may be outsourced according to client requirements and preferences.
Search Engine Optimisation (SEO)
Because SEO is a constantly shifting landscape, the SEO work we do aims to keep up to date and you informed about your performance, and the changes we will need to undertake. We aim for the highest level or results, but we do not guarantee specific results through our services – me merely target them and do our upmost to achieve a good result for you.
Keyword optimisation only guarantees that your website will be indexed under your target keyword, it does not guarantee first page or top of page results. We want to be clear that if you want to be found under a keyword search competitively, your website content must clearly focus on the terms you wish to be found under – you won’t be found on Google because you just have a website.
Ownership
All artwork and IP remain the property of thewarehouseproject until all bills and invoices are finalised in full, at which point full ownership and IP reverts to the client. thewarehouseproject may use your artwork, samples of your artwork or variations on your artwork for promotion or presentation of company marketing. If you do not want your artwork to be used for these purposes, please let us know.
Payment
thewarehouseproject have a number of payment options.
For client jobs thewarehouseproject invoice on completion of stages of work, and will require a 50% deposit of the anticipated total amount prior to commencing work (unless otherwise stated in the above quote), with the remainder billed on completion of the respective stages.
For all month-to-month based contracts, payment is required upfront before any work commences. Once payment is received only then will the work be carried out as per the agreement.
For certain jobs thewarehouseproject are able to offer a retainer agreement, allowing clients the benefit of work being completed now, whilst paying over a longer period of time – please indicate to us in writing your payment proposal so that terms of payment may be agreed on by both thewarehouseproject and the client.
We can accept payment via Direct Deposit and Cheque. Our standard terms are 14 days. A $50 service charge is payable on all overdue balances for re-issuing each invoice from the date of original invoice. Should thewarehouseproject be required to take additional action to recover any unpaid invoices, the outstanding account will accure interest at a standard rate of 10% per fortnight. Additional charges for external collection companies may be added to total outstanding funds if fees outstanding fail to be paid after the Timeframe. By paying any part of the services outlined in the project description you are agreeing to these payment terms.
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. Our hourly rate is $100/h + GST unless otherwise stated, and will be incurred if works are requested that lie outside the scope of works or project description as outlined in the quote. thewarehouseproject shall keep the client informed of a tally of hours within a reasonable period of time.
Changes
The client must assume that all additions, alterations, changes in content, layout or process changes outside of what is stated in Services will alter the time and cost.
Modifications
Modifications of the terms of this contract must be written and authorised by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
Referral Fee
thewarehouseproject offers a referral fee to any new paying client referred to by another client we have previously or are currently working with. The referral fee offered is 5% of the new paying clients total quoted cost and will be paid to the referring client within 30 days after completion of the referred client project.
Results
Whilst we can advise and recommend a course of action based on our experience and knowledge regarding any of the areas we support clients in, we cannot guarantee an exact return on investment from any activity executed.
Expenses
The client shall reimburse thewarehouseproject for all other expenses arising from this agreement, including but not limited to Stock Photography, Artwork, and/or material needed for the project.
Cancellation
In the event of cancellation of this agreement, ownership of all copyrights and the original artwork shall be retained by thewarehouseproject, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the client. Cancellation fee is based on the hours submitted, If the project is on an hourly basis and the project is cancelled by the client, the client agrees to pay no less than 100% of the hours already submitted for the project at the time of cancellation plus a fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
Code of Fair Practice
thewarehouseproject warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that thewarehouseproject has full authority to make this agreement; and that the work prepared by thewarehouseproject does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the client or others may make of thewarehouseproject’s product that may infringe on the rights of others. Client expressly agrees that it will hold the thewarehouseproject harmless for all liability caused by the client’s use of the thewarehouseproject’s product to the extent such use infringes on the rights of others.
Limitation of Liability
The client agrees that it shall not hold thewarehouseproject or their employees liable for any incidental or consequential damages that arise from thewarehouseproject’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of thewarehouseproject or client, any client representatives or employees, or a third party.
Last Updated: June 6, 2018