Terms and Conditions

1. Estimates and Orders

1.1 Estimates are based on the cost of materials and or services available at the time of the estimate and

G Image Pty Ltd has the right to make any necessary adjustments and correct any errors.

1.2 Estimates are based on the Customer supplying specified material (including acceptance or amendment of proofs) to G Image Pty Ltd on time. G Image Pty Ltd reserves the right to make an additional charge for inadequate material supplied to G Image Pty Ltd, material supplied late or any corrections including colour and file corrections requested by the Customer.

1.3 Where a quantity of items is to be printed, the order/estimate is conditional upon a 5% variation being allowed.

1.4 Any order by the Customer is subject to G Image Pty Ltd’s acceptance and G Image Pty Ltd may decline an order. G Image Pty Ltd reserves the right to supply an order in full or only in part. All orders made by the Customer must be made in a manner approved by G Image Pty Ltd and are able to be cancelled only with the agreement of G Image Pty Ltd. If G Image Pty Ltd agrees to the cancellation of an order, G Image Pty Ltd will issue an invoice to the Customer for all costs of any work commenced, incomplete or completed prior to the cancellation of the order/estimate.

1.3 Orders made via the Web site can only be made by a Customer who has an approved username and password provided by G Image Pty Ltd and must be authorised to place an order.

1.4 The Customer is responsible for maintaining the security and confidentiality of the username/s and password/s provided by G Image Pty Ltd for the purpose of online ordering, web hosting accounts, web mail, email, domain names and SSL certificates. The Customer is also responsible for all activities associated with its username/s and password/s for all accounts whether performed by the Customer or another person accessing the Customer’s account/s (including without limitation payment for Goods ordered via the Web site).

1.5 The Customer must immediately notify G Image Pty Ltd of any unauthorised use of their account/s.

2. Variations

If the Customer varies the order/estimate after receipt of an estimate, invoice or order placement, G Image Pty Ltd reserves the right to vary the price and present an additional invoice for any extra amount caused by the variation.

3. Payment

3.1 Unless otherwise agreed in writing, payment must be made by the Customer within 7 days of the

date of the invoice or within 7 days of the first delivery of the Goods to the Customer whichever is the earlier.

3.2 Payment will not be deemed to be made until G Image Pty Ltd is in receipt of the full purchase price (including any amount for GST, any amounts caused by a variation to the order and costs of goods and services, delivery, freight and insurance) in cleared funds.

3.3 The Customer must not off-set any amount owed to the Customer by G Image Pty Ltd against any amount owed by the Customer to G Image Pty Ltd.

3.4 If the Customer wishes to make payment on a credit basis, the Customer must complete a credit authorisation form, including an authority for G Image Pty Ltd to seek credit information concerning the Customer. Terms and conditions of credit-based payment by the Customer are subject to change by notice in writing by G Image Pty .Ltd

3.5 If payment in full is not made in accordance with these terms and conditions, the following will apply:

(a) Interest of 15% per annum, calculated daily, will be charged on all amounts unpaid from the due date until payment is made;

(b) All deliveries that have not been made, including deliveries of Goods ordered separately from the Goods to which the unpaid amount relates, will be suspended until the full amount payable, including GST and interest, is paid in full;

(c) G Image Pty Ltd may terminate any contracts in relation to any undelivered Goods, or impose additional

conditions of payment before delivery in relation to those undelivered Goods;

(d) Any credit arrangements may be terminated;

(e) G Image Pty Ltd may repossess any Goods that have been delivered, without further notice to the Customer and at the Customer’s cost; and

(f) Legal proceedings may be instituted for the recovery of the Goods or the unpaid amount

and the costs of such recovery.

3.6 The Customer grants to G Image Pty Ltd an irrevocable licence to enter the Customer’s premises (or the premises of any associated companies or agents where the Goods are stored) to repossess any Goods in accordance with this clause 3 without being liable for trespass or any resulting damage.

3.7 In the event of any dispute of any of the costs or charges by G Image Pty Ltd, the Customer must make full payment of the invoice price.

3.8 If the Customer is introduced to G Image Pty Ltd by another, the Customer consents to G Image Pty Ltd paying a fee, commission or other consideration to such ‘others’.

4. Delivery

4.1 Delivery of the Goods is effected from the premises of G Image Pty Ltd.

4.2 If requested by the Customer, G Image Pty Ltd will arrange for delivery of the Goods to the Customer at the Customer’s cost. The Customer remains responsible for the Goods from dispatch of the Goods from the premises of G Image Pty Ltd of supplier of G Image Pty Ltd’s choice.

4.3 G Image Pty Ltd may agree to store the Goods free of charge for a period of 14 days from the delivery date.

the 14 day period, storage and repack fees will apply. G Image Pty Ltd is not responsible for any loss, damage or theft of the Goods while in storage. The Customer must ensure the appropriate insurance is in place (at the Customer’s cost) in relation to the Goods.

4.4 Due dates for production or delivery and delivery dates are estimates only. The Customer is not relieved from liability to accept or pay for the Goods by reason only of any delay in delivery.

5. Intellectual Property Rights

5.1 The Customer acknowledges that all intellectual property rights associated with all works created by G Image Pty Ltd, featured on the Web site and all copyright in any works, including artistic works and copywriting made or created by G Image Pty Ltd remains the property of G Image Pty Ltd.

6. Title to Goods

6.1 Title to the Goods does not pass from G Image Pty Ltd to the Customer until payment in full for the Goods and all monies owing by the Customer to G Image Pty Ltd on any account whatsoever has been made in accordance with these terms and conditions.

6.2 The Customer is responsible for the Goods until title passes to the Customer or the Goods are repossessed and the Customer may be liable to G Image Pty Ltd for any loss or damage to the Goods.

7. Disposal of Goods

7.1 If payment for the Goods is not made in full, and either G Image Pty Ltd reclaims the Goods, or the Goods remain undelivered, G Image Pty Ltd may sell the Goods to a third party. The Customer remains liable for any difference between the amount received by G Image Pty Ltd the third party and the amount unpaid by the Customer.

7.2 The Customer grants to G Image Pty Ltd on the date of the order an irrevocable non-exclusive licence to sell any Goods bearing any name, business name, logo or trade mark or any other like right and to sell any Goods that are subject to any intellectual property right, including copyright.

8. Customer Supplies

8.1 The Customer must ensure that it retains a copy of an original of all artwork, film, electronic copy or any

other material either supplied to G Image Pty Ltd or supplied by G Image Pty Ltd (Original Work).

8.2 Production material produced by G Image Pty Ltd remains the property at all times of G Image Pty Ltd and un less otherwise agreed, G Image Pty Ltd is obliged to retain such material.

8.3 If requested by the Customer, G Image Pty Ltd will store the Original Work for up to 3 months on the basis that G Image Pty Ltd bears no liability for damage or loss to the Original Work and G Image Pty Ltd may dispose the Original Work if the Customer has not collected it within 3 months.

8.4 Should G Image Pty Ltd be required to access Original Work, Artwork or Files stored by G Image Pty Ltd , the Customer agrees to pay any charges invoiced by G Image Pty Ltd.

9. Production Process

9.1 Proofs or press sheets will not be supplied to the Customer unless specified in the estimate.

G Image Pty Ltd is not responsible for production errors if:

(a) proofs are not requested by the Customer;

(b) the work is printed with the Customer’s approval;

(c) the Customer seeks a supplier of their choice; or

(d) changes are communicated orally.

9.2 Where proofs are supplied to the Customer, G Image Pty Ltd will assume the proofs are satisfactory with no production errors unless the Customer returns amended proofs within 24 hours (or such shorter period as notified by G Image Pty Ltd).

9.3 Where the Customer requests a press sheet, the Customer may be present during the printing process. Any lost press time invoiced by the supplier to G Image Pty Ltd (including for additional alterations made by the Customer) must be paid for by the Customer to G Image Pty Ltd.

9.4 The Customer acknowledges that differences in paper, equipment and ink, may cause a variation in colour

and such variation will not derogate from the order being acceptable and completed.

10. Warranties

The Customer warrants to G Image Pty Ltd that the material supplied to G Image Pty Ltd:

10.1 does not infringe the rights of any person, including any intellectual property rights;

10.2 is not defamatory or libellous;

10.3 is not offensive; and

10.4 is not contrary to law.

11. Claims

11.1 Any claim by a Customer for under quantity, delivery of damaged Goods or non-delivery must be made within 14 days of receipt of the Goods by the Customer. The Customer must supply the order number, invoice number and receipt number (if applicable) and all details relating to the claim. If the claim is for damaged goods, the Goods must also be supplied to G Image Pty Ltd.

11.2 Liability for any claim against G Image Pty Ltd is limited, at G Image Pty Ltd’s sole option, to:

(a) resupplying the Goods;

(b) providing payment for the cost of resupplying the Goods; or

(c) repairing the Goods.

12. Liabilities

12.1 G Image Pty Ltd is not liable to the Customer or any third party for any loss, damage or cost (including legal costs) except as provided in condition 11.2, whether direct, indirect or consequential, arising from:

(a) the printing or delivery of any of the Goods;

(b) any failure to print or deliver any of the Goods;

(c) late completion of the order or late delivery; or

(d) the repossession or sale of any of the Goods.

12.2 For representations or warranties which cannot by law be excluded, G Image Pty Ltd’s liability is limited as

provided in condition 11.2.

13. Indemnity and Releases

13.1 The Customer indemnifies G Image Pty Ltd and continues to indemnify G Image Pty Ltd from and against a ll

costs, suits, actions, damages and losses (whether direct or indirect, consequential or not) arising out of any of the:

(a) the printing or delivery of any of the Goods;

(b) any failure to print or deliver any of the Goods;

(c) the Customer Web site being offline;

(d) the Web Hosting account being offline;

(c) late completion of the order or late delivery;

(d) the repossession or sale of any of the Goods;

(e) the use of the Customer’s username and password whether performed by the Customer or another

person accessing the Customer’s account/s on the Web site, Web Hosting account or any other account

associated with the Customer’s username and password.

13.2 The Customer releases G Image Pty Ltd and continues to release G Image Pty Ltd from and against all costs, suits, actions, damages and losses (whether direct or indirect, consequential or not) arising out of any of:

(a) the printing or delivery of any of the Goods;

(b) any failure to print or deliver any of the Goods;

(c) the Customer Web site being offline;

(d) the Web Hosting account being offline;

(c) late completion of the order or late delivery;

(d) the repossession or sale of any of the Goods;

(e) the use of the Customer’s username and password whether performed by the Customer or another person accessing the Customer’s account/s on the Web site, Web Hosting account or any other account associated with the Customer’s username and password.

14. General

14.1 Each clause in these terms and conditions must be read down to the extent necessary to be valid. If a clause cannot be read down to that extent, it must be severed.

14.2 Any waiver of any clause of these terms and conditions is only valid if made in writing and signed by the relevant party.

14.3 Any variation of these terms and conditions must be in writing and signed by both G Image Pty Ltd and the Customer.

14.4 The governing law of these terms and conditions is the law of Victoria, Australia.

15. Privacy

15.1 In order to register as an authorised user of the Web site, G Image Pty Ltd will collect personal information from the Customer. G Image Pty Ltd uses this personal information in accordance with the Privacy Act 1988 (Cth).

15.2 The personal information you have disclosed in your application for credit with G Image Pty Ltd will only be disclosed to the credit referees nominated by you and to our credit rating agency. For further information regarding the privacy of your application please contact the Accounts Officer.

16. Disclaimer

16.1 The Customer acknowledges that the information contained on the Web site is provided by G Image Pty Ltd in good faith and is not to be relied upon as being complete, accurate, or up too date. The information contained on the Web site is subject to change by G Image Pty Ltd at any time without notice.

16.2 Subject to any terms implied by law which can not be excluded, G Image Pty Ltd accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by the Customer as a result of any error, omission or representation in any information contained on the Web site.

17. Links and Advertising

17.1 G Image Pty Ltd is not responsible for the content or the accuracy of any information of any site accessed from the Web site (including without limitation sites linked through advertisements or through any search engine). The content of any site accessed from the Web site is the responsibility of the owner of that site. For the avoidance of doubt, unless otherwise specified, a link from the Web site to another site should not be construed as an endorsement by G Image Pty Ltd of that site or any of its products and services offered.

17.2 G Image Pty Ltd does not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information contained on such sites.

18. Cookies

During the Customer’s use of the Web site, G Image Pty Ltd may issue to and request from the Customer’s computer blocks of data known as “cookies”. By using the Web site the Customer authorises G Image Pty Ltd to issue such cookies to your computer. The Customer will not alter any cookies sent to their computer from the Web site and the Customer ensures that its computer sends correct and accurate cookies in response to any relevant request from the Web site.

19. Summary of Terms

• All estimates are valid for 30 days.

• Any additional freight/couriers will be charged for in accordance to the delivery destination.

• Delivery of all printed goods will be 10 working days from the time of submission of approved finished artwork and sign-off, unless prior arrangements or specific conditions of manufacture apply.

• For all online material and new media a minimum of 8 weeks must be allowed for completion and up to 16 weeks depending on the complexity of the project.

• Payment terms are strictly 7 days from invoice date.

• All design work/ client meetings and briefing is charged at $110.00 per hour plus GST or part thereof.

• All production time is charged at $110.00 per hour plus GST or part thereof.

• All alterations to artwork will be charged for at the standard hourly rate.

• All prices listed where artwork, layout, design and/or copy is required include one set of authors alterations/amendments only. Alterations do not include complete re-design.

• The company/organisation whose name appears on this document takes full responsibility for all work undertaken and payment on the project outlined in this estimate.

• Any additional scanning, proofing, film, production/materials will be charged for accordingly.

• 50% deposit on the total amount outlined in the estimate is required prior to commencing any all projects.

• The balance for all work invoiced is payable upon completion of a design project.

• All design work is invoiced in progressive weekly increments through to the final sign-off.

• All production will be invoiced upon sign-off and approval of any/all artwork and estimates.

• 100% payment for production is required at the time of sign-off until a trading history has been established with the Customer. A minimum of 3 orders applies.• G Image Pty Ltd P/L reserves the right to charge interest at the rate fixed under the Penalty Interest Rates Act1983 on all accounts unpaid after 30 days.

G Image Pty Ltd reserves the right to make changes to these Terms & Conditions without prior notice to the company or individual who’s name appears on this document.