First Order
Projects require – 50% upfront payment, 50% payment due prior to completion. Monthly and weekly automated payments can be arranged via direct debit or Credit card only.
All payments are due prior to final art supplied or website activation.
The deposit of 50% is non negotiable and non refundable under any circumstance once concept artwork and 1st Version has been supplied.
Graphic Design Professional packages are to be paid in advance via direct debit, credit card surcharges apply.
Subsequent Orders
7 day terms, Contact us if you require a credit application form.
Terms of Trading
Application of these Terms and Conditions: These Terms and Conditions are incorporated into any contract between XDesigns Advertising and the Customer for the supply of goods and/or services by XDesigns Advertising to the Customer and shall apply to the exclusion of all terms and conditions conflicting with or purporting to modify them, except where otherwise agreed in writing between XDesigns Advertising and the Customer.
XDesigns Advertising packages are subject to briefing, client will be allocated the appropriate package. The packages exclusions are large branding and re-branding, brand guidelines copy heavy layout indesign files. Illustrations, web design, custom web development, UI/UX design, WordPress, programming/coding, photography, video production, video editing, long copy blog production, 3D rendering, heavy photoshop manipulation work, all printing offset and digital, sign writing and shop front design, vehicle wrap design, one was vision design and frosting.
Exclusions as listed in 2.1
XDesigns Advertising may supply Quote: Where the Customer requests XDesigns Advertising to supply goods and/or services to the Customer, XDesigns Advertising may give the Customer a written quote specifying:
(a) the Work required to be done in order to fulfill the Customer’s instructions; and
(b) an Estimate for that Work.
Acceptance by Customer: When XDesigns Advertising has given the Customer the Quote:
(a) XDesigns Advertising need not commence work until the Quote has been accepted by the Customer;
(b) the Customer may accept the Quote in writing (including email) and unless and until that time a Quote does not give rise to a binding contract;
(c) acceptance by the Customer of the Quote will constitute acceptance by the Customer of these Terms and Conditions;
(c) acceptance by the Customer of the Quote will constitute acceptance by the Customer of these Terms and Conditions;
Quote evidence of instructions: If a written Quote is accepted by the Customer:
(a) the Quote shall be carried out and the Customer shall pay for the Work in accordance with these Terms and Conditions;
(b) the Quote will be conclusive proof of the Customer’s instructions (written and verbal) and the Order;
(c) acceptance by the Customer of the Quote will constitute acceptance by the Customer of these Terms and Conditions;
(c) unless otherwise agreed in writing by XDesigns Advertising the Order may not be cancelled by the Customer.
Validity of Quote: A Quote:
(a) only remains valid for 30 days from the date it is given; and
(b) may be withdrawn by XDesigns Advertising at any time by notice to the Customer.
Variations and Estimates: An Estimate is based on the current cost of production and is subject to amendment before or after acceptance of the Quote to meet any cost variation between the date of the Quote and the date of execution of the Order. XDesigns Advertising may amend an Estimate at any time before the Order is completed to take into account any rise or fall in the cost of performing the Order.
Periodicals: If an Order relates to more than one issue of a periodical:
(a) each issue will, for the purposes of these Terms and Conditions, be considered to be one Order;
(b) may be withdrawn by XDesigns Advertising at any time by notice to the Customer.
(i) in the case of periodicals published weekly or more frequently, that party has given 4 weeks’ notice of that party’s intention to terminate the contract;
(ii) in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given 8 weeks’ notice of that party’s intention to terminate the contract;
(iii) in the case of periodicals published less frequently than fortnightly, that party has given 13 weeks’ notice of that party’s intention to terminate the contract.
Invoice: When the Order has been completed, XDesigns Advertising may issue an invoice to the Customer for the amount of the Estimate or, if no Estimate was given, an amount representing XDesigns Advertising charge for the Work done, and for any of the other charges specified in clause 3.2.
Charges additional to Estimate: In addition to the Estimate, XDesigns Advertising may charge to the Customer the following, except to the extent that such costs are expressly included in any Quote:
(a) fees for any Preliminary Work performed at the Customer’s request;
b) fees for Additional Work required to be done as a result of the Customer changing the Customer’s instructions;
(c) fees for having to work off poor copy;
(d) fees for additional proofs required;
(e) fees for work which involves tables or foreign language and which was not notified to XDesigns Advertising before the Quote was prepared;
(f) fees for additional work required to be done as a result of author’s corrections, including repagination or reformatting;
(g) fees and other charges for work required to be done urgently, including any overtime costs;
(h) fees for handling or storing material or equipment supplied by the Customer for the purposes of the Order;
(i) fees for changing or correcting, in order to ensure that the Goods are properly produced, any plates, film, bromides, artwork or any document including computer files, or any other materials which are unsuitable or substandard (including any supplied in accordance with clause 10., supplied for the purposes of the Order by the Customer;
(j) freight and/or installation costs and charges;
(j) freight and/or installation costs and charges;
Alterations to style etc: If, before the Quote is prepared, the Customer does not give XDesigns Advertising specific instructions in relation to style, type or layout:
(a) XDesigns Advertising may use any style, type and layout which, in XDesigns Advertising opinion, is appropriate; and
(b) XDesigns Advertising may charge an additional amount for any additional work required to be done (including the production of additional proofs) as a result of the Customer subsequently altering the style, type or layout used by XDesigns Advertising.
Overset: The Customer must pay for overset matter (being matter produced on the Customer’s instructions but not used in a publication for which it was intended). The Customer may instruct XDesigns Advertising to retain overset matter for future issues of the publication or to discard the overset matter.
Rejection: The Customer may only reject the Goods if they do not comply with the Order. If the Customer wishes to reject or make a claim for discrepancy inrespect of an Order, the Customer must notify XDesigns Advertising in writing with full details and supporting evidence of the alleged non-compliance:
(a) if XDesigns Advertising is required to deliver the Goods to the Customer’s premises – within 7 days of delivery;
(b) otherwise – within 7 days of notification that the Goods are ready for collection.
Refusal: If the Customer refuses to accept delivery of any Goods, XDesigns Advertising may charge the Customer for any additional costs incurred as a result, including storage and transportation costs.
Delays by client: Should the client delay in getting content to XDesigns Advertising, therefore holding up the project X Designs reserves the right to debit payment via nomimated account or claim a progress payment for holding up the project.Estimated projects guidelines: Websites: 6-8 weeks, brochure and catalogues 2-4 weeks.
Time for payment: The Customer must, within 7 days of the date from the end of the month in which the goods were received, pay to XDesigns Advertising the total amount set out in the invoice.
XDesigns Advertising may:
(a) alter terms of payment with effect from the date it notifies the Customer of such change; and
(b) impose a credit limit at any time, which may be altered at XDesigns’ Advertising discretion with effect from the date XDesigns Advertising notifies the Customer of such alteration. Where the credit limit is exceeded then, not with standing anything to the contrary, XDesigns Advertising may with immediate effect and without further notice;
(i) refuse to supply Goods to the Customer; or
(ii) require security in a form satisfactory to XDesigns Advertising; or
(iii) alter terms of payment to cash on delivery.
Any discounts offered on our invoice are strictly conditional upon full payment being received by the due date. If payment is not made by the due date, all discounts applied to that invoice will be forfeited and the full undiscounted amount will be payable immediately with a revised invoice issued.
Interest: If the Customer does not make payment by the due date, XDesigns Advertising may charge interest at XDesigns Advertising’ bank’s then current commercial overdraft rate plus 7.5% per annum on amounts not paid within the time specified in clause 5.1, and may cancel any Orders in existence (without prejudice to any other rights or remedies of XDesigns Advertising).
Suspension of Work: If the Order is suspended for more than 30 days at there quest of the Customer or as a result of something for which the Customer is responsible, XDesigns Advertising may issue an invoice for a particular sum (to be specified by XDesigns Advertising) for the Work already done and for other costs incurred by XDesigns Advertising (including, by way of example but without limitation, storage costs).
Risk on rejection: If the Customer validly rejects the Goods in accordance with these Terms and Conditions, risk in the rejected Goods reverts to XDesigns Advertising:
(a) if the Goods are at XDesigns Advertising premises, at the time the Customer notifies XDesigns Advertising that the Goods are rejected;
(b) if the Goods are in the possession of the Customer, at the time that the Goods are returned to XDesigns Advertising (in the same condition in which they were delivered to the Customer) during usual business hours and XDesigns Advertising acknowledges receipt of them.
Retention of ownership: Until the Customer has paid all sums outstanding inrelation to the Goods and all the other amounts owing by the Customer to XDesigns Advertising from time to time:
(a) title in the Goods shall not pass from XDesigns Advertising to the Customer;
(b) if the Goods are in the Customer’s possession, the Customer holds the Goods as trustee for XDesigns Advertising and must store the Goods separately and clearly identify them as the property of XDesigns Advertising;
(c) XDesigns Advertising may call for and recover possession of the Goods (for which purposes XDesigns Advertising employees or agents may enter the Customer’s premises and take possession of the Goods with liability to the Customer) and the Customer must deliver the Goods to the Printer if so directed by the XDesigns Advertising.
Ordinary business: The Customer may, in the ordinary course of the Customer’s business, use the Goods or sell the Goods to a third party for full consideration but:
(a) the proceeds of sale and any book debt created upon the sale of the Goods to the third party shall be held by the Customer as trustee for XDesigns Advertising and the Customer must account to XDesigns Advertising for those sums; and
(b) if XDesigns Advertising requires, the Customer must assign to XDesigns Advertising the Customer’s claim against the third party and must execute all documents necessary to effect that assignment; provided that the authority under this clause shall be revoked from the time that an Event of Default occurs or XDesigns Advertising notifies the Customer that is revoked.
General lien: XDesigns Advertising shall, in respect of all sums owned by the Customer to XDesigns Advertising, have a general lien on all property of the Customer in XDesigns Advertising’ possession and may, after 14 days’ notice to the Customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the Customer’s property held by XDesigns Advertising as aforesaid enjoys copyright protection in favour of the Customer, the Customer hereby grants to XDesigns Advertising a licence to exercise the rights conferred on XDesigns Advertising under this clause. 7.4 Insurance: Until property in the Goods passes to the Customer, the Customer shall keep the Goods insured in the name of XDesigns Advertising and the Customer for their respective rights and interests and will produce to XDesigns Advertising, upon demand, evidence of such insurance. If the Customer fails to so insure the Goods, XDesigns Advertising may do so and the cost of such insurance shall be payable by the Customer to XDesigns Advertising upon demand.
Non-excludable Rights: The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties maybe implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
Disclaimer of Liability: Except for Non-excludable Rights, XDesigns Advertising accepts noliability for:
(a) any claim by the Customer or any other person, including without limitation, any claim relating to or arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise; and
(b) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by XDesigns Advertising in writing;and the liability of XDesigns Advertising for any such matters is hereby excluded.
Defective Goods: Where (and to the extent) permitted by law, the liability of XDesigns Advertising for a breach of a Non-excludable Right is limited, at XDesigns Advertising option; to the remedy or repair, replacement or re-supply of the Goods and/or any services which ever is the lesser provided that:
(a) all claims for defective Goods are reported to XDesigns Advertising within 48 hours of delivery; and
(b) all such claims are fully documented giving details of supply and the alleged damage or defect.
Indirect losses: Not with standing any other provisions of this agreement, XDesigns Advertising is in no circumstance (what ever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential injury loss, damage or expense what so ever and how so ever arising. 8.5 Force Majeure: XDesigns Advertising will have no liability to the Customer in relation to any loss, damage or expense caused by XDesigns Advertising failure to complete the Order or to deliver the Goods as a result of act of God, fire, flood, tempest, earthquake, riot, civil disturbance, industrial dispute, theft, crime, strike, lockout, work stoppage or other labour hindrance, breakdown, act of war (whether declared or not), sabotage, insurrection, epidemic, national emergency (whether in fact or law), requirements of restriction of, or failure to act by, any government, local body or judicial entity, the inability of XDesigns Advertising normal suppliers to supply necessary materials or any other matter beyond XDesigns Advertising control.
Electronic data: Without limiting the generality of the fore going clauses, XDesigns Advertising will not be liable to the Customer for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the Customer to XDesigns Advertising.
Proofs: If XDesigns Advertising submits to the Customer a proof of the Goods XDesigns Advertising willnot be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the Customer before the Order was completed. There is no guarantee that production prints exactly match colour proofs because of variations in proof preparations methods and substrates. However XDesigns Advertising will use all reasonable endeavour to provide a commercially acceptable finished product.
Material supplied by Customer: If XDesigns Advertising and the Customer agree that the Customer is responsible for supplying materials or equipment for the purposes of the Order.
(a) the Customer must supply sufficient quantities of materials to allow for spoilage,such quantity to be specified by XDesigns Advertising;
(b) XDesigns Advertising will not normally count or check the materials and if requested by the Customer to do so, may change for counting or checking;
(c) XDesigns Advertising will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the Customer;
(d) property in any materials supplied by the Customer and incorporated into the Goods passes to XDesigns Advertising at the time of incorporation.
Responsibility to insure: XDesigns Advertising has no obligation to insure any property of the Customer in XDesigns Advertising possession. The Customer must pay the cost of any insurance arranged by XDesigns Advertising at the request of the Customer.
Intellectual Property and Ownership of Artwork for Web and Print Including All Printing Materials
Ancillary materials: Unless XDesigns Advertising and Customer agree otherwise in writing, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, disks, tapes, compact disks or any other media and other material produced by XDesigns Advertising in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of XDesigns.
Ideas: The Customer must keep confidential and not use any ideas communicated by XDesigns Advertising to the Customer without XDesigns Advertising prior written consent. 11.6 Electronic/magnetic media: All disks, tapes, compact disks or other media (other than media supplied by the Customer) used by XDesigns Advertising to store data for the purposes of completing the Order are the property of XDesigns Advertising. The Customer can not require XDesigns Advertising to supply to the Customer any data so stored, but in the event that XDesigns Advertising agrees to do so, XDesigns Advertising may charge for supplying such data to the Customer.