By contacting EasyDesigns and requesting work to be carried out by any means either email, phone, letter, fax, txt or any other means you are deemed to have read, understood and agreed to our terms and conditions. These terms are available on our website. (Please note all prices are gst exclusive unless otherwise stated).
All work remains the property of EasyDesigns until the account is paid in full.
EasyDesigns makes every effort to supply good quality promotional products. The Customer should be aware, however, that as these goods are being purchased for business purposes, the Consumer Guarantees Act does not apply. Therefore EasyDesigns offers no warranty, either express or implied by law, with respect to these goods.
- perform the Work with reasonable skill, care and diligence in a professional manner;
- endeavour to ensure the Work is performed in accordance with the time frames agreed with the Client;
- deliver the Client original work, except to the extent that the Client requires, or requests, third party or pre-existing work to be incorporated or used in the Work;
- perform the Work on a non exclusive basis, and EasyDesigns will be free to perform the same or similar work for others without restriction.
The Client will give all reasonable assistance to enable EasyDesigns to perform the Work by:
- giving clear instructions;
- providing information, artwork or other materials, including content, to EasyDesigns in a timely manner.
A 30% deposit is required upon agreed art work and quote and payment in full is required before handing over the completed art work. Any monies not paid in full in accordance with quote agreement may be charged with interest at a rate of 2% per month or part month overdue.
- EasyDesigns will invoice the Client for the Fee, being the fee specified in any job sheet or quote that EasyDesigns has agreed with the Client, together with any other fees that EasyDesigns may reasonably charge to the extent that:
- fees for the Work have not been agreed in advance;
- work is performed in addition to the initial instructions, which may include a variation to the initial brief or instructions; and
- EasyDesigns incurs expenses or costs on the Client’s behalf or which are reasonably necessary to carry out the Works and Services.
- Where a quotation is given by EasyDesigns for Work:
- the quotation shall be valid for thirty (30) days from the date of issue; and
- the quotation shall be exclusive of any taxes unless specifically stated to the contrary.
Where Work is required in addition to the quotation the Client agrees to pay for the additional cost of such work.
EasyDesigns may invoice the Client (at its discretion) on completion of the Work, or on a monthly basis, or at other intervals, as the Work progresses.
- If the Client does not pay any amounts payable to EasyDesigns when due the Client will be in default and EasyDesigns may, without limiting any other rights or remedies:
- stop performing the Work;
- require the Client to pay all outstanding Fees, including work not already performed but owing under the Agreement, and cease using any of the Work provided by EasyDesigns until all Fees are paid;
- charge default interest
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by EasyDesigns, and ownership of all copyrights shall be retained by EasyDesigns. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.
- EasyDesigns may also, without liability to the Client, cancel this Agreement at any time upon notice to the Client if the Client:
- fails to pay the Fees by the due date;
- ceases to carry on business;
- becomes insolvent, has a receiver appointed over some or all of its property, or a resolution is passed for the Client’s liquidation.
EasyDesigns may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by the client at a later date.
EasyDesigns is and will remain the exclusive owner everywhere in the world of all intellectual property rights and interests (including copyright and all other statutory and common law rights and interests) in the Work, and any other work performed by EasyDesigns for the Client, as first owner of those intellectual property rights and interests.
EasyDesigns shall retain exclusive worldwide ownership at all times of its artistic styles, methods of working, techniques, general creative ideas and skills.
- EasyDesigns staff assert their right to be identified as the author(s) of all Work created by them for the Client and EasyDesigns staff do not waive any of their moral rights in any Work created for the Client, and without limitation the Client must:
- attribute all Work to EasyDesigns to the extent that the Work is of a type where attribution can reasonably be given;
- * not attribute the Work to anyone other than EasyDesigns or remove any of EasyDesigns' trademarks, signatures, monograms, devices and the like from EasyDesigns' Work; and
- not alter, modify or adapt in any way EasyDesigns’ Work without EasyDesigns' express written consent.
The Client agrees that EasyDesigns may use the Work and the Client’s name and identity as part of its portfolio of works for the purposes of promoting and advertising EasyDesigns.
EasyDesigns shall not be liable for delay or failure to perform its obligations under this Agreement if the cause of the delay or failure is beyond its control.
The Client confirms that by providing the Work in accordance with the Client’s brief or instructions, EasyDesigns will not infringe the rights of any third party, or breach any law, and EasyDesigns will not be exposed to any claim from any person whatsoever.
The client shall inform EasyDesigns in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.