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Terms and Conditions
This is a statement of our intention to carry out our proposed tasks in a fitting and professional manner, but is not a guarantee of all or any outcomes over which Business Communications Management, its agents and suppliers may have no control.
Business Communications Management prides itself on its professionalism and, as a result, warrants the following:
To be genuinely interested in your business; to behave professionally, with integrity and conduct our activities to the highest possible standards; to take the initiative; to ensure a positive, measurable return on your investment in our services; to be accessible; to provide fast response times on day to day issues; and to not only promote, but also protect the integrity of you and your operations
Your Warranty to Us
In order to provide the best possible service, we require a co-operative working relationship and regular communication with our clients. As a result we ask that you make certain warranties to us. Those warranties are:
To agree to be bound by the Terms and Conditions contained in this document; to meet all financial obligations and terms of trading in respect to the agreement; to ensure payments of Tax Invoices are made promptly; to agree that any reasonable itemised out of pocket expense (such as couriers) be recoverable by Business Communications Management; to agree to provide all necessary cooperation to Business Communications Management in allowing the company to meet its contractual obligations; to agree that any legality, decision or finding which could impact on the public perception of your company, its agents and products be disclosed to Business Communications Management without delay; and to agree that from the signing of a contractual agreement with Business Communications Management, any attached fee structures become enforceable on the basis that Business Communications Management demonstrates due and proper performance of its contractual obligations.
Commencement of Work
Before work is commenced, Business Communications Management and the client agree to exchange written approval or a 'Letter of Agreement' concerning the work to be performed and the client also agrees to pay a 50 per cent deposit on the total amount or the commencement stage of the project in full or, where the total amount is less than $1000, the total amount in full.
At its discretion Business Communications Management may require a valid credit card details to be held to ensure the on-time payment of Business Communications Management’s invoices. The credit card details will only be used for the payment of Business Communications Management invoices that fall overdue by 14 days of our trading terms.
You may also be required to supply trade references for major projects.
Turnaround Times
The client agrees to provide materials, approvals, etc in a timely manner as requested. Commitment by Business Communications Management to agreed delivery dates is subject to the client fulfilling this obligation.
Business Communications Management is not responsible for late delivery due to a delay in relevant material supplied by the client, delay on client approval turnaround times or delay in the supply of materials from suppliers.
While Business Communications Management will endeavour to meet all agreed dates to complete a project on time, Business Communications Management will not be liable for any loss incurred by the client if time frames are not met.
Fees and Payments
Prices quoted will remain firm for a period of 30 days from the date on the quotation unless otherwise stated. Estimate is based on the original brief. If the project varies from the original brief, additional costs may be incurred.
Prices quoted assume that the work will be carried out during normal working hours unless otherwise stated in quotation.
The need to work after hours to meet urgent delivery schedules may attract additional charges.
Prices quoted include one set of author's corrections. Unless otherwise stated, additional author's corrections or variations to specifications may attract additional fees.
The price quoted does not include outgoing costs such as printer's fees, courier fees, web hosting, domain registration, media (CDs, disks, etc) unless otherwise stated. Competitive quotes are obtained for all external supply as an integral part of our service. Should the client wish to nominate a particular external supplier, this should be done so prior to commencement otherwise additional charges may apply.
Where material is required to be supplied on CD or disk by the client, quoted prices are calculated on the basis that the media is format compatible with Business Communications Management's systems (please contact Business Communications Management for further details if required).
The client agrees to pay invoiced amount(s) within 7 days of issue of invoice. Where a project involves progress payments or retainer fees, the terms for payments are also 7 days of issue of invoice. Outgoing costs such as noted above are payable in full prior to purchase or lodgement of files, e.g. art files sent to printer. Business Communications Management reserves the right to cease on-going work should a payment become overdue until the overdue amount is paid in full. The client accepts that it will also become liable for any costs incurred in recovering any due fees.
Where delays on the part of the client have rendered Business Communications Management unable to complete a commenced task within a reasonable amount of time, the client agrees to pay in full any fees previously slated for payment on completion or delivery of finished item(s) . This is on the understanding that Business Communications Management will complete the task (to the original specifications) when the client finally wishes it to be completed, subject to reasonable rescheduling of the outstanding tasks.
Where a number of tasks are individually priced and bundled together under a total fee, delays on the part of the client that leave us unable to finish the complete bundle will cause the completed individual components to fall due.
Early Termination
In the event that the client wishes to disengage from Business Communications Management and terminate a project prior to completion, the full amount of any stage already commenced will be due. All supplied material will be returned on finalisation of account. In the event that Business Communications Management wishes to disengage from the client, work to the current milestone will be completed.
Business Communications Management reserves the right to terminate any agreement with the client immediately without penalty to Business Communications Management should Business Communications Management become aware that the client is undertaking activities which may be deemed illegal or unethical in the Commonwealth of Australia or which breaches any contract conditions and all outstanding fees and costs to Business Communications Management at that point plus any costs subsequently incurred by Business Communications Management in recovering these fees and costs will be payable by the client.
Media Relations
Business Communications Management makes no warranty as to the timeliness, accuracy or use of any media material generated by Business Communications Management for use by any media publication.
Clients are to be aware that under current Australian practice, media outlets assert copyright to all material submitted to them and used by them.
Business Communications Management provides the client with a media briefing and author’s corrections to any media release and will also attend any media event with the client on request – e.g. television interview.
Where available all copies of media material will be provided to the client.
Design
Unless otherwise stated, where original designs, creative concepts, etc are produced by Business Communications Management as part of a project, the copyright in the material remains with Business Communications Management until such time as the client has paid in full for the work at which time Business Communications Management will assign copyright to the client.
Where multiple designs, creative concepts, etc have been produced by Business Communications Management as part of a selection process, the copyright in any material not selected for use by the client remains with Business Communications Management.
Advertising Concepts are subject to Business Communication’s Advertising Pitch Policy and is separate to this document.
Where Business Communications Management offers a choice of designs and the opportunity for the client to revise and adapt those designs before a final design choice is made, Business Communications Management reserves the right to limit the number of design revision cycles.
Samples
Unless otherwise stated, the client agrees to allow, in addition to fees for service, the free use of any material produced or illustrations thereof or reference to for use in Business Communications Management's portfolio. Where printed items such as promotional literature, stationery, packaging, etc have been produced, the client agrees to supply between 5 and 10 copies of items at no charge, unless otherwise stated.
The use of any part of a project is acceptance by the client of their satisfaction as to work performed by Business Communications Management. Subsequent alterations to the work may incur additional costs.
Liability Regarding Work And Materials Provided
In providing finished work and materials for the client, Business Communications Management will not knowingly infringe upon the intellectual property rights of any third party. Notwithstanding the care with which Business Communications Management addresses the intellectual property rights of third parties, the client agrees that final responsibility for ensuring that the client is entitled to intellectual property rights attached to any work or materials supplied by Business Communications Management rests solely with the client.
The responsibility for the accuracy of any information appearing in finished material, either in print or via electronic media rests wholly with the client. The client is required to approve all material before release to third parties (media, printers, etc). The client unconditionally releases and discharges Business Communications Management, its principals and employees of any responsibility and liability for any loss or damage, financial or otherwise, that occurs as a result of released material containing errors.
Confidentiality
Where matters of confidentiality exist with regard to the client's interest in a project, Business Communications Management will sign a confidentiality agreement.
Terms And Conditions Review
Business Communications Management reserves the right to review and change these Terms and Conditions at any time. The date of the latest revision was 24/12/2009.
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