Terms and Conditions - Nohands Group Pty Ltd

TERMS & CONDITIONS

By commencing work with NOHANDS GROUP PTY LTD / NO HANDS DESIGN, you agree to the following terms and conditions. The terms and conditions are legally binding and apply to all work you undertake with NOHANDS GROUP PTY LTD from now and into the future.

AGREED HOURLY RATE – All work is charged at an hourly rate of $130+gst per hour, unless a project rate via a quote is generated and provided to the client. An agreed project rate will be outlined in the quote provided. NOHANDS GROUP PTY LTD cost estimate is based on the information provided by the client to NOHANDS GROUP PTY LTD to date. Changes to the scope of work or additional requests that fall outside the scope will be charged at an additional rate. If the client has any concerns with costs or pricing structure, these should be raised before the commencement of the project. Additional work is charged at an hourly rate of $130+gst per hour. NOHANDS GROUP PTY LTD has not included any allowance for overtime in this quote, this would only be required if requested by the client for tight turnaround and would be discussed, quoted and accepted by the client prior to proceeding. The agreed hourly rate is to remain confidential between The Client and NOHANDS GROUP PTY LTD. NOHANDS GROUP PTY LTD reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.

PAYMENT – An agreed % start-up deposit is required for all quoted work. The remaining % is paid midway through the project and the remainder upon completion of the scope of work. Work will not commence until the startup invoice payment has been made. Payment by The Client is required within 7 (seven) days of receipt of invoice from NOHANDS GROUP PTY LTD. NOHANDS GROUP PTY LTD accepts payment by direct deposit and the bank account details will be made available to you when the invoice is sent. Overdue invoices may incur a late payment fee of 10% initially, and an additional fee of 5% for every week it is overdue. Jobs canceled or put on hold throughout production will be invoiced for all work completed to date. Occasionally NOHANDS GROUP PTY LTD will ask for an upfront total payment before work commences.

CONFIDENTIALITY – NOHANDS GROUP PTY LTD agrees not to misuse or disclose any confidential information that may be made available by The Client.

ARTWORK APPROVAL, ERRORS AND OMISSIONS – NOHANDS GROUP PTY LTD will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, All proofing from web through to print is the responsibility of the client. NOHANDS GROUP PTY LTD will provide you with proofs where necessary and all areas must be thoroughly checked, and accepted by the client. NOHANDS GROUP PTY LTD will not be held responsible once a proof has been approved by the client. NOHANDS GROUP PTY LTD is not liable for loss, expense or damage caused by any act or omission.

NATURE OF COPY – The Client agrees to exercise due diligence in its direction to NOHANDS GROUP PTY LTD regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials NOHANDS GROUP PTY LTD prepares. NOHANDS GROUP PTY LTD will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.

SCOPE - The proposed fee refers to a specific scope of work outlined in the proposal document. Any additional requests made outside this scope of work will be charged separately.

LIABILITY – NOHANDS GROUP PTY LTD makes every effort to maintain the highest possible work standards, however, cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, NOHANDS GROUP PTY LTD shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless NOHANDS GROUP PTY LTD from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.

COPYRIGHT INDEMNITY - It is the responsibility of the client to ensure that any images, graphics, design, written content or the like provided to NOHANDS GROUP PTY LTD is legally yours and does not violate any copyright laws. By working with NOHANDS GROUP PTY LTD, you agree to indemnify NOHANDS GROUP PTY LTD from any claim that arises from material you supplied to us.

WORKING FILES - Working files remain the property of NOHANDS GROUP PTY LTD, unless requested by the client, which will incur an additional fee.

PRINTING - NOHANDS GROUP PTY LTD does not include the cost of printing within the design quote. Printing is quoted separately at the time of ordering based on current market prices. All print items must be approved by the client via email before printing will take place. All print invoices must be paid upfront and in full before the print order is processed. NOHANDS GROUP PTY LTD will not be held liable for printing products that are damaged, lost or delayed when delivered by post or courier.

PROMOTION - NOHANDS GROUP PTY LTD reserves the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

SINGLE POINT OF CONTACT - The Client agrees that all communication will occur through a nominated single point of contact. The nominated person has been identified in advance between The Client and NOHANDS GROUP PTY LTD.

HANDOVER - WEB - At the conclusion of a web project, The Client will be provided with a ‘Website Delivery’ document that details basic information about their website setup and Administrative logins. Basic login and dashboard ‘walk through’ video will be provided if requested for free. Training sessions will be charged at an hourly rate and can be requested at any time. The Client agrees that, following the handover of Administrative access, any changes to the website may cause breakages to the front end and/or functionality of the website. As such, NOHANDS GROUP PTY LTD reserves the right to quote for any work involved in repairing breakages and bugs caused by updates or changes to settings made by the Client.

CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify NOHANDS GROUP PTY LTD immediately of this intention. Hours worked to that point will be invoiced. In the case of cancellation/termination, outstanding invoices must be paid within 7 (seven) days of the invoice issue date. Ongoing work must be cancelled with at least two (2) weeks notice.

VARIATION IN TERMS – NOHANDS GROUP PTY LTD can vary, amend, or alter these terms at any time.

BYRON BAY AND LENNOX HEAD BASED DESIGN AGENCY FOCUSSED ON GIVING YOUR BUSINESS THE LIFESTYLE IT DESERVES.

WEBSITE CARE PACKAGE \\ TERMS AND CONDITIONS \\ WE RESPECT YOUR PRIVACY \\ CONTACT

NOHANDS IS A MEMBER OF THE AUSTRALIAN GRAPHIC DESIGN ASSOCIATION (ADGA)

Respectfully living and working on the traditional land of the Arakwal People of the Bundjalung Nation.