Terms and conditions of Engagement

 

Provision of Services

Tandem Agency Pty Ltd trading as Tandem Agency Pty Ltd ABN 65 635 917 752 (Tandem Agency), will provide you with the services set out in the provided estimate and/or quotation. These services will be provided to The Client or to your authorised representative. By processing payment you are confirming your authority to act on behalf of the company or entity responsible for approval, payment & receipt of the above mentioned services and products.

Exclusions

Unless clearly stipulated, the quote does not include, copy, photo library shots, stock images, computer renderings, digital manipulation of images/ photography, scanning, couriers, transportation and other administration fees. These costs will be quoted for separately and approved before work commences.

Authors Corrections

Unless otherwise stated, the concept, design and/or production costs outlined in the quotation make allowance for two rounds of authors corrections (i.e. alterations & changes requested by ‘the client’. Should this allowance be exceeded during completion of the work, you will be notified, and an estimate provided for additional hours needed to complete the project, for approval.

Limitation of Liability

Tandem Agency will not accept liability for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly with respect to the service or product provided. If you provide Tandem Agency with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Tandem Agency against any action taken against Tandem Agency by any such third party.

Website and Web Hosting

Tandem Agency accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs) whether the ISP is provided by Tandem Agency or by The Client. Tandem Agency takes no responsibility for the actions of any third party in relation to The Client’s website (e.g. hackers) or any loss of data or content these actions may cause.

Cancellations

Cancellation within 48 hours of filming or a shoot date will incur a fee of 50% of the quoted amount. Cancellation within 12 hours of a confirmed filming or a shoot date will incur full costs as quoted.

Intellectual Property

Our Terms leave full Copyright with Tandem Agency for all designs, concepts, sketches or parts of artistic work used in the conceptual or creative process however basic or complex including all customised unique systems, scripts and code produced by Tandem Agency. Upon payment in full for the Services provided by or on behalf of Tandem Agency pursuant to the Agreement, Tandem Agency will provide the Customer a non-exclusive and non- transferable perpetual license to use the Intellectual Property for the Customer’s own business purposes. All raw working files, scripts, systems & code utilised to produce the work outlined in this quotation remain the sole property of Tandem Agency. Tandem Agency reserves the right to place a credit on all print and online work produced for the client.

Payment Terms

A 50% non-refundable deposit is required prior to commencement of any jobs any agreed in writing stating otherwise. Payment terms are stated as 14 days from issue of the final invoice. Late payments will incur an additional 5% surcharge on the total amount due, cumulative every 5 business days an invoice is overdue.

The full balance is due on acceptance of final draft. All goods remain the property of Tandem Agency until paid for in full. The title to and property in the goods will not pass from Tandem Agency to The Client until The Client has paid the contract price in full to Tandem Agency in accordance with these conditions. If the customer:

  1. Fails to pay the contract price in full when due.
  2. Pays for the goods or service by cheque (in whole or in part) and that cheque is not met on presentation;
  3. Commits any act of bankruptcy, becomes bankrupt, or is insolvent under administration, as defined in Section 9 of the Corporations Law; or
  4. Has a controller appointed, as defined in section 9 of the Corporations Law, in respect of any of the customer’s property. Tandem Agency may:
  5. Enter onto the premises where the goods are situated and
  6. Repossess the goods, notwithstanding that the goods may have been affixed to any structure by Tandem Agency or the customer, and if necessary for that purpose, may sever the goods from any structure to which they may have been affected.
  7. If the goods or service has not been delivered, withhold delivery of the goods or services until such time as full payment has been received.

Tandem Agency takes no responsibility for any losses incurred by the Client through the delay in the delivery of services or goods as a result of full payment not being received.

The Client must also indemnify and keep Tandem Agency indemnified against, and pay to Tandem Agency all expenses, losses and damages incurred or sustained by Tandem Agency as a result of, or in relation to Tandem Agency exercising its rights under:

  1. This clause;
  2. Under any other terms, expressed or implied, of these conditions; or
  3. Otherwise at law or in equity, and any bank or other costs, charges or expenses incurred by Tandem Agency resulting from any Client’s cheque not being met on presentation.

Supply of Services relating to Naming and Branding

Whilst Tandem Agency conducts a basic search when providing Naming and Branding services in order to check if a Name, Brand or Logo device is not currently in existence, Tandem Agency cannot guarantee the Name, Logo or Brand provided through the service will not infringe an existing similar or identical Name, Logo or Brand registered or pending registration as a Trademark. We strongly recommend that you seek independent professional legal advice in regards to any Name, Logo or Brand supplied to you by Tandem Agency in order to satisfy any concerns in regards to Trademark infringement. Should you not wish to take independent advice on this matter, the Client must indemnify Tandem Agency for any losses incurred by the Client as a result of any claims by a Third Party.