Terms of Engagement
These terms of engagement form part of our fee proposal to you. Together they make up the agreement of the work Kaliber will complete and should be read in conjunction with other documentation relevant to our offer. Kaliber may from time to time alter its Terms of Engagement, all services provided will be at Kaliber’s current Terms of Engagement.
Client, You: The company, business or individual requesting and engaging the services offered by Kaliber Studio.
Kaliber: Kaliber Studio and employees or contractors.
Changes and Additions
All change requests must be made in writing. Should work require revision due to an incorrect brief, or if additions outside the initial scope of work are requested, the Client will be notified and additional services will be charged based on a quoted price or at Kaliber’s hourly rate.
Additional expenses including but not limited to stock photography, freight charges, postage, mock-ups, may be charged by Kaliber as they may not have been required at the time of the proposal. Kaliber will advise the Client should any additional expenses be added to the invoice.
Changes requested by the Client post design approval will be treated as a new job and charged accordingly.
Web projects are granted a 30-day period whereby Kaliber will repair any bugs found as a result of Kaliber’s error free of charge. This does not include changes to functionality or design. The Client must understand Kaliber test all websites thoroughly, however it can not be guaranteed to be 100% error free in development and this does not constitute a reason to cancel the project or void payment of work to date.
The Client is responsible for accuracy and legality of all text and content provided to Kaliber. While all due care will be taken to correct any mistakes, Kaliber accepts no responsibility for any errors in content provided by the Client. All content provided by the Client must not infringe any copyrights of third parties and Kaliber will not be held responsible, nor shall action be taken against Kaliber by any third parties for any such instance. It is the responsibility of the Client to proofread all work to ensure it is correct and suitable for use, Kaliber will submit all final proofs of artwork to the Client for this purpose.
Kaliber reserve the right to refuse use of any provided material which it deems immoral, offensive, obscene or illegal.
Content provided by the Client must be clearly named and sorted with clear instructions, and should be delivered in one package prior to commencement of the project by Kaliber.
If the Client elects to terminate Kaliber’s services, written notice will be required and the Client is responsible for payment of all work completed and any outstanding contractual obligations incurred to the date of cancellation.
Printing, Production and Hosting
Printing, production and or hosting / domain registration costs are not included in design / artwork charges unless otherwise stated. Should services be required from other consultants, the Client will be advised and shall bear the costs of such.
Proofs viewed by the Client may vary in terms of colour depending on the monitor and user settings, and or the printer which the proof has been printed from. As such there may be some colour variation from the proof in comparison to the final product.
Websites may have minor variances depending on the device and the software used to view the website.
Billings and Overdue Payments
For projects exceeding $1000, Kaliber will issue a 50% deposit invoice due for payment before work will commence. This will be followed by milestone invoices throughout the project or a second and final 50% invoice at completion and prior to handover.
If the Client requests work from Kaliber that has not been quoted, it will be charged at Kaliber’s hourly rate and time accrued will be invoiced upon completion of the project and prior to handover.
All invoices are on 14 day terms. Invoices not paid by the due date will incur an administration fee of $40 or 3% of the invoice total, whichever is greater. Should the invoice remain unpaid a month past the due date, an additional $40 or 3% of the invoice total, whichever is greater, will be added to the invoice and the issue will be passed on to a debt collection agency to resolve; any additional costs including interest, commissions, legal fees and debt collection charges will be covered by the Client. Kaliber reserves the right to withhold any printed or produced items and or take down the Client website until payments have been met.
You agree that you accept ultimate personal responsibility for payment of all invoices, which Kaliber renders to the Client and associated entities, so that you guarantee payment by those associated entities.
All accounts are payable prior to delivery of final artwork.
Should Kaliber receive no response from the Client for a period of 30 days or greater, the project will be deemend inactive. Kaliber will close the project and bill for work completed to date.
Kaliber endeavours to complete all projects in a timely fashion and will meet deadlines when reasonable. Kaliber will not be held responsible for the delay of projects caused by waiting for content, feedback or approval, or by a change of brief or excessive changes to the project by the Client. In some instances, third parties or the Client’s in-house team may be involved in the production of a project, Kaliber will not be held responsible for any delays caused as a result of this.
Should projects become urgent at the request of the Client, and through no fault of Kaliber, an ‘urgent fee’ may be charged at 1.5 times the regular hourly rate. This is to cover any additional administration and or overtime required by Kaliber to facilitate the project.
Kaliber reserves the right to suspend services to the Client as a result of obligations and or payments not being met.
Liability and Indemnity
Kaliber operate to the highest standards of creative work and will ensure any errors are rectified in a reasonable timeframe. Kaliber will not be held liable for circumstances including but not limited to loss of business, profit, contracts or indirect consequential loss suffered by the Client.
You agree to indemnify Kaliber against all liabilities, claims, costs and expenses incurred by Kaliber in respect of any claim by a third party which is related to, arises out of, or is in any way associated with our Engagement.
Kaliber reserves the right to reproduce material created for the Client for promotional purposes including advertising, design awards and on the Kaliber website. Kaliber also maintain the right to place a small logo on the Client’s website to link back to Kaliber’s website.
Copyright and Licensing
Any design or other services completed by Kaliber for the Client is licensed to the Client on a one-time only basis upon payment and may not be modified, re-used or re-distributed in any way or form without the express written consent of Kaliber. Licensing fees will be based on the intended use at the time of the project, should this change at any stage Kaliber is to be notified immediately.
Legal protection and registration is your responsibility. You may care to consult your own legal counsel as to availability and the ability to register the proposed designs, names, marks and other materials.
If multiple designs are presented by Kaliber to the Client, the chosen design is considered as fulfilling the contract; all other designs and concepts remain the property of Kaliber.
All design, artwork and intellectual property remains copyright Kaliber. All working files remain the property of Kaliber, print files may be released upon request for an additional fee.
All communications with Kaliber regarding support and discussing projects in progress are included in the project fee; however, business strategy and advice outside the scope of works and or not pertaining the current project will be billed for at Kaliber’s hourly rate in 15 minute increments. Should additional support be required after a project has been completed, this will also incur the aforementioned additional costs.
Kaliber accept no responsibility if they are unable to complete a project for any reason beyond our control including: Act of God, war, fire, flood, failure of power supply, sabotage, strike or other action taken by employees in contemplation of furtherance of a dispute. During such an instance, the Client may choose to terminate the contract as per the cancellations section.
The law applicable to these Terms of Engagement is the law of the State of Queensland and any legal action arising out of or in respect of these Terms of Engagement shall be brought only in the Courts of the State of Queensland and the Client hereby admits to the jurisdiction of the Courts of the State of Queensland.
Agreeing to engage Kaliber and or acceptance of an estimate implies you have read and accepted the Terms of Engagement. The Client also agrees that any debt incurred is joint and several meaning in the case of a partnership or joint account, all Client parties are liable for the full amount.