aqua's terms and conditions of quotation and sale

These are the terms and conditions of quotation and sale of all products
and services supplied by The Aqua Agency ("Aqua").

General

  1. Quotations are valid for a period of 30 days unless otherwise stated.
  2. All orders placed with Aqua shall only be accepted subject to these terms and conditions and Aqua may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Aqua to the client.
  3. If a client cancels or alters any order or part order at any time after Aqua has received the order then Aqua reserves the right to render additional costs to the date of such cancellation or alteration.

    4.  

    Terms of Payment

  4. Unless alternate credit terms have been approved the following terms apply.
    For quotations $1000 and over the client shall make payment within the following terms:
    50 percent deposit on receipt of signed quotation approval;
    40 percent on design sign-off of website or print work;
    10 percent balance upon either of the following:
    if a website, before site is posted live or;
    if print work, prior to finished work being handed to the client.
    All payments are to be made in full within 7 days of the date of invoice.
  5. For quotations under $1000 the client shall make payment within the following terms:
    Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;
    All payments are to be made in full within 7 days of the date of invoice.
    Payment shall be made by either direct electronic deposit, cash, or cheque. If the client fails to make payment in accordance with clause 4 or 5, Aqua shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Aqua). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
  6. Aqua shall also be entitled to claim from the client all costs relating to any action taken by Aqua to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.

    7.  

    Copyright and Ownership

  7. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Aqua shall be the absolute property of Aqua and the client shall not use such material in any media until payment is made by the client to Aqua in accordance with clause 4.
  8. The copyright for all purposes in any ideas, designs, Artwork, compositions, symbols, logos and other trade indicia prepared or developed by Aqua ("the copyright work") vests in Aqua.
  9. In consideration of payment by the client in accordance with clauses 4 & 5, Aqua as the beneficial owner assigns to the client the copyright work subject to clause 12.
  10. Aqua may use any Artwork/design for it’s own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Aqua’s ‘designed by’ link will remain for the life of the design except by negotiation.

    11.  

    Revisions and Supply of Content.

  11. Unless otherwise negotiated or Aqua's copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Aqua assumes all written content adheres to copyright laws.
  12. Images are also expected to be supplied before work begins, unless by prior negotiation or if using Aqua's photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Aqua assumes that all correct permissions have been sought and/or royalties paid for images used.
  13. Unless otherwise quoted or negotiated, projects include two rounds of changes or author's revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

    14.  

    Project Duration and Client Response Time

  14. The client agrees to provide timely responses to Aqua after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Aqua will deem the project complete. At such time, Aqua shall have no further obligation to the client, and the client shall pay Aqua all fees and expenses associated with the work performed.

    15. Force Majeure

  15. Aqua will not be liable for failure to perform, or delay in performing, the services or any part of the services if the failure or delay arose from a cause beyond Aqua’s control. This includes any strike, industrial action, machinery breakdown or mistake, delay or failure to supply by a supplier to Aqua.