TERMS & CONDITIONS
Please read the following terms and conditions carefully, as by accepting any quotation provided, and therefore hiring Bill Roberts, it is deemed that the client has read and agreed to Bill Roberts\’s terms and conditions as outlined below.
- ‘Bill Roberts’ means Bill Roberts trading as ‘Bill Roberts’
- ‘Client’ means a person/s or company who engages Bill Roberts for design and related services
- ‘Quotation’ means the design quotation provided to the client in writing by Bill Roberts
- ‘Project’ means the scope and purpose of the client’s identified usage of the work product as described in the quotation
- ‘Service’ and ‘services’ means the service/s to be provided to the client by Bill Roberts, as described and otherwise further defined in the quotation
- ‘Deliverables’ means the end product/s to be delivered by Bill Roberts to the client, in the form and media specified in the quotation.
- \’Manipulation\’ means the alteration of an image/file from it\’s original format or design
All Quotations are provided by Bill Roberts free of charge and are valid for 30 days from the date of issue. Quotations that are not accepted within the time identified may be subject to amendment. All prices are in Australian Dollars. Additional work which is outside the original scope and not provided for in the original quotation is charged at an additional hourly rate of $35 to $120 per hour ex. GST, dependent on the particulars of the project, the rate applied will be set by Bill Roberts.
3. INVOICES & PAYMENT
An invoice will be issued to the client for all work to be completed by Bill Roberts. All invoices are payable within 7 calendar days of the date of issue unless otherwise agreed. An up-front 50% deposit is required prior to commencing any project. Work on the project will begin once the 50% deposit has been received. Clients residing outside of Australia are required to make payment in full prior project commencement. Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing, and/or publishing websites. The client is responsible for all debt collection fees, legal fees and court fees that may be incurred as a result of the client’s failure to pay invoices within 7 calendar days of the date of issue.
4. CONFIDENTIAL INFORMATION
Bill Roberts and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information and shall not disclose confidential Information to any third party or use any confidential Information except as may be necessary to perform its obligations under the Quotation, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
Every possible is made by Bill Roberts to meet required deadlines. Additional charges may apply if Bill Roberts is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify Bill Roberts of deadlines prior to the commencement of the project. Bill Roberts will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond Bill Roberts’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of artwork must also be provided to Bill Roberts in writing before any work is released – verbal approvals cannot be accepted. Exclusions: Whereby artwork created remain the sole property of Bill Roberts and subject to copyright law in relation to \’Budget\’ and \’Standard\’ arrangements related to motorsport creations.
All concepts created by Bill Roberts are presented in low resolution draft format for on-screen proofing. High resolution files are only released once full payment is received. Bill Roberts exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by Bill Roberts are created to the very best of Bill Roberts’s ability and knowledge. The client must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs. Exclusions: Whereby artwork created remain the sole property of Bill Roberts and subject to copyright law in relation to \’Budget\’ and \’Standard\’ arrangements related to motorsport creations.
Any and all corrections, changes or amendments to a project must be provided to Bill Roberts in writing. Each quotation allows the client two rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the quotation, are charged at an hourly rate of $55 per hour. Revisions deemed by Bill Roberts to take in excess of 50% of the time required to produce the deliverables, are substantial revisions and are charged at an hourly rate of $35 to $120 per hour ex. GST dependant on the particulars of the project. Should the client choose not to proceed with the project, an invoice will be issued for work completed up to that date. Exclusions: Whereby artwork created remain the sole property of Bill Roberts and subject to copyright law in relation to \’Budget\’ and \’Standard\’ arrangements related to motorsport creations.
8. ERRORS & OMISSIONS
Whilst all care is taken by Bill Roberts in producing proofs and final artwork, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of artwork is provided to Bill Roberts in writing – verbal approvals cannot be accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. Bill Roberts cannot issue credit or refunds. Exclusions: Whereby artwork created remain the sole property of Bill Roberts and subject to copyright law in relation to \’Budget\’ and \’Standard\’ arrangements related to motorsport creations.
9. OFFSET & DIGITAL PRINTING
Files provided by the client to Bill Roberts for use in high quality print reproduction must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where Bill Roberts is required to manipulate and convert client supplied files to ensure they are press-ready. Bill Roberts thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, colour and stock. The client accepts that Bill Roberts is not responsible for any client supplied images that do not print as expected. Bill Roberts supplies files to print companies and other third parties for high quality reproduction at a minimum of 300dpi at actual size, or as high resolution PDF’s, and according to their required specifications.
Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that Bill Roberts is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. The client accepts that Bill Roberts is not responsible for any print inaccuracies that may arise.
10. FILE FORMATS
Bill Roberts does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request. Upon project completion, Bill Roberts securely backs up and stores all associated files. Should the client request the supply of any files more than 30 days after project completion, a small retrieval fee may be incurred. Artwork and files required to be burnt to disc or USB storage incur a fee of $25 per disc/storage device, to cover time and consumables.
11. USE OF IMAGES
Bill Roberts can not use images/files that violate copyright. Client supplied images/files must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. Bill Roberts can source professional stock photography as required. Professional stock photography that is not accounted for in the initial quotation attracts an additional cost which is payable by the client.
12. INCOMPLETE & CANCELLED PROJECTS
The client, within 14 calendar days of receipt of each proof, shall notify Bill Roberts of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact Bill Roberts within 14 calendar days of receipt of proof/s, and notify Bill Roberts of any corrections, changes or amendments, or of final proof approval, Bill Roberts reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, Bill Roberts will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.
13. ADDITIONAL COSTS
On-site consultations will incur a fee that is charged in conjunction with normal hourly charges for the first hour only then converting to normal charge rates unless otherwise specified. Travel time and associated costs for on-site consultations may also be calculated as an additional cost.
Quotation pricing includes Bill Roberts’s fees only. Any and all third party costs will be invoiced to the client, unless specifically otherwise provided for in the quotation. Such outside costs include, but are not limited to, postage and packaging, freight and shipping, courier fees, high-resolution proofs from chosen offset printer, offset printing, digital printing, photocopies, artwork burnt to disc, subcontractor’s costs and fees, stock photography, photography and or artwork licenses, online access or hosting fees, parking fees, tolls, taxi fares and public transportation fares.
Bill Roberts retains the right to publish and display any client projects in Bill Roberts’s portfolio, website, design periodicals, and other media or exhibits.
15. MOTORSPORT ARTWORK
Those images/files supplied to Bill Roberts by the client for the creation of artwork composition(s) become the property of Bill Roberts and are subject to copyright law after alteration or manipulation, original images/files remain the property of the client. Artwork created remain the sole property of Bill Roberts and subject to copyright law in relation to \’Budget\’ and \’Standard\’ arrangements related to motorsport creations. Altering, manipulating or reproducing artwork without the written permission of Bill Roberts will be in breach of Australian copyright law.
16. GIVEAWAYS & PROMOTIONS
By entering a Bill Roberts Giveaway, you will be bound by these Terms & Conditions and you acknowledge that you satisfy all eligibility requirements. “Bill Roberts” means Bill Roberts Digital Art or any of its affiliates.
Eligibility. Open to individual legal residents of Australia and must have \’Liked\’ the Bill Roberts Digital Art Facebook page and any other criteria as set by Bill Roberts prior to the date of entry. Employees of Sponsor, Bill Roberts and its affiliates, and their immediate family members are not eligible to participate.
Prize(s) and Winner Selection Method. Bill Roberts will award a prize to one or more individuals who enter any promotional competition. Bill Roberts has the final decision and no correspondence will be entered into regarding final announcement. If you are a winner, an e-mail notification will be sent to you with instructions to receive your prize.
Each prize will be awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchant ability or fitness for a particular purpose). The winner agrees to supply Bill Roberts any required artwork such as logo\’s or any other related graphics and any information regarding the creation of any artwork, promotional material or content as set by Bill Roberts as the prize. Any prize will receive one (1) request for alteration prior to completion and any further alterations will incur a cost.