1. Quotations
Zephyrmedia issued quotations are valid for 30 days from quotation issue date. All quotations are subject to the terms contained in this agreement. All quotations are in Australian Dollars and contain GST. All quotations must be accepted in writing by either an email or purchase order to confirm acceptance. Work on projects won’t begin until written acceptance of the relevant quotation has been received by Zephyrmedia. By accepting the relevant quote, Zephyrmedia and the Client agree to the whole terms and intend to be bound hereby.
2. Payment
Payment for any service delivered by Zephyrmedia is due 14 days from invoice issue date. Payments that are more than 42 days past invoice issue date are subject to late fees of 10% for each overdue week, unless prior arrangements have been made with Zephyrmedia management. Payments are non-refundable and can be delivered via credit card payment through our website, or by Direct Bank Deposit where any transfer fees are covered by the Client. Ownership of copyright will only be transferred upon receipt of all due payments.
3. Project Time Frames
Zephyrmedia shall prioritize performance of the Services as may be necessary or as agreed upon by the Parties, and will undertake commercially reasonable efforts to perform the Services. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve and accept the Deliverables in writing (which will then become the Final Deliverables) or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Zephyrmedia.
In addition, if the Client’s communications involve more than one source, the project will be delayed until the Client is able to communicate with a sole individual, a single point of contact. Client acknowledges and agrees that Zephyrmedia’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables.
4. Content and Goals
The Client is expected to provide all of the content and goals for the project. All specific concepts, ideas, and restrictions must be disclosed prior to accepting the quotation. Failure to do so may change the time frame and the cost.
5. Revisions
After a visual direction has been established with the Client and selected variations have been approved by both parties, Zephyrmedia will offer a maximum of three rounds of revision. If the revisions are outside of the project scope or after the project’s completion, revisions will made under the Additional Changes clause.
6. Additional changes
Unless otherwise provided in the Content and Goals, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at Zephyrmedia’s standard hourly rate of $100 per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Artist may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.
7. Ownership of Completed Artwork
During the project timeline, all work is owned by Zephyrmedia. Upon the completion of the final payment, Zephyrmedia will relinquish copyright, and exclusive use of the Completed Artwork files. Completed Artwork only refers to finished artwork, not source artwork used to create finished artwork. Zephyrmedia will hold all source artwork on file for future use by the Client at the expense of Zephyrmedia. Zephyrmedia reserves the right place a fee on the release of sources files to the Client in addition to the original project fee. This fee will be determined by Zephyrmedia upon request of release of source files.
Zephyrmedia may use work in their portfolio (including, but not limited to, any website that displays the Artist’s works). Client does not have to display Zephyrmedia’s name together with the purchased work unless being described in an editorial scenario, but Client may not seek to mislead others that the work purchased was created by anyone other than Zephyrmedia.
8. Merchandising
Zephyrmedia understands that all profits from the sale of Zephyrmedia’s artwork on merchandise will benefit the Client. The Client shall give to Zephyrmedia, at no cost to Zephyrmedia, a sample product of one item of their choosing from the products if the Client decides to sell physical items that use an asset provided by Zephyrmedia, for Zephyrmedia’s use.
9. Contract Modifications
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole, following standard procedures of documentation and approval.
10. Warrant of Originality
The Artist warrants and represents that, to the best of his/her 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 client from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Zephyrmedia has full authority to make this agreement; and that the work prepared by or used by Zephyrmedia does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Zephyrmedia’s product that may infringe on the rights of others. The Client expressly agrees that it will hold Zephyrmedia harmless for all liability caused by the Client’s use of Zephyrmedia’s product to the extent such use infringes on the rights of others.
11. Limitation of liability
The Client agrees that it shall not hold Zephyrmedia or their agents or employees liable for any incidental or consequential damages that arise from the Artist’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 the Artist or the Client, any client representatives or employees, or a third party.