These Terms and Conditions of Trading apply to everything produced by Pop Art Puppy Dogs, ABN 74339285101 unless otherwise agreed in writing. They must be read in conjunction with any estimates or proposals provided.
Confidentiality
All documents prepared by and supplied by Pop Art Puppy Dogs for the client (you) may not be disclosed to any third party without the express permission in writing of Pop Art Puppy Dogs.
Acceptance of project estimate
For Pop Art Puppy Dogs to proceed with a project, you must signify your acceptance of the relevant estimate or proposal in writing. Unless otherwise stated, GST is included in estimates and proposals.
Right to refuse project
These Terms and Conditions of Trading and accompanying estimate and/or proposal are provided to you without any obligation on the part of Pop Art Puppy Dogs. If, for any reason, we do not believe that we can carry out your project, we can (in writing) withdraw the proposal and/or estimate and can refuse the project at any time up. If you have made any payment to us prior to the date upon which we refuse the project, we will refund the payment to you in full, less any reasonable administrative costs.
Right to re-cost estimates
Our estimates are valid for 30 days from the date of the estimate and are based on our initial discussion or brief. Pop Art Puppy Dogs may re-cost estimates prior to acceptance.
Estimates and proposals are based on all stages of a project being accepted by you and completed in the manner and within the times set out in the relevant estimate and proposal. If any of the stages are (for any reason) not accepted by you, we reserve the right to re-estimate the project and you will be bound by the new estimate.
The rates charged for a project are not subject to change after work begins except where the project’s duration is expected to be longer than 3 months. Your approval will be sought for any increase in expenses.
Revising estimates
If there are major variations to the brief, a revised estimate will be necessary. Pop Art Puppy Dogs may also re-cost estimates if additional work is required and you will be bound by the new estimate. The proposed delivery date will also be re-scheduled to a suitable time.
Cancellation and postponement
If the project is cancelled or postponed prior to completion, you will be billed for the services, materials and costs incurred up to that point (including cancellation fees charged by suppliers).
Our ideas
Any ideas (whether verbal or written) we disclose to you remain the property of Pop Art Puppy Dogs unless you purchase them. You must not use these ideas without our permission (this includes showing or telling the ideas to another artist, agency or supplier).
Intellectual property rights
Pop Art Puppy Dogs owns the copyright of any work produced on your behalf, including preliminary proposals, scripts, ideas, copy, roughs and/or artwork created in the course of developing a project.
You may not modify the work or use it for any purpose other than the purpose for which it is originally created without Pop Art Puppy Dogs prior written permission. If you want to licence the intellectual property, you should tell us and we will prepare estimates accordingly.
If you fail to comply with anything in these Terms and Conditions of Trading, all rights will revert back to Pop Art Puppy Dogs.
Pop Art Puppy Dogs reserves the right to retain any samples of work it produces and to show the samples, photos or representation of the work to further promote Pop Art Puppy Dogs services to the public at large and to enter such work in competitions, exhibitions, award annuals and magazines provided you have not requested Pop Art Puppy Dogs beforehand, in writing, not to do so.
Moral rights
Pop Art Puppy Dogs has the right of attribution of authorship as the original source of the materials, the right against false attribution of authorship and the right of integrity as a means of protecting our reputation under Moral Rights Act (2000).
Time specifications
All specifications of time submitted during the production process or contained in the estimate are guides only. While Pop Art Puppy Dogs makes every effort to follow them, no responsibility is accepted if it is unable to do so.
Delay in supplying material or returning accepted proofs
Pop Art Puppy Dogs will usually consult with you to set estimated production schedule. To keep to these schedules, Pop Art Puppy Dogs may require you to provide Pop Art Puppy Dogs with material on which to work (e.g. photo of your pet) or return approved proofs within a specific time. If this is not received by the specified date, Pop Art Puppy Dogs is entitled (at its discretion) to add the length of the delay to Pop Art Puppy Dogs production time.
Approval processes
Proofs of all work may be submitted for your approval. Please note that digitally printed proofs or digital files do not necessarily represent the exact colours of the final printed or manufactured product. Please inspect proofs carefully and, if in order, signify that you have checked and approved them in their entirety in writing. An approval by return email, clearly specifying the digital file you are approving, is acceptable as approval of a proof. By signing a proof or sending a return email as your approval, you accept all responsibility for errors at each proof stage. No responsibility will be accepted by Pop Art Puppy Dogs for errors in proofs that have been approved by you and returned to Pop Art Puppy Dogs.
Printing and manufacturing
Pop Art Puppy Dogs organises production and manufacturing quotes and supervises proofs, printing and manufacturing to ensure quality control. While Pop Art Puppy Dogs takes all reasonable care, it is not liable for the printer’s or manufacturer’s errors.
If you do not notify Pop Art Puppy Dogs of defects within seven days of delivery, you are taken to have accepted the goods as being satisfactory.
Third party supplies
Pop Art Puppy Dogs may advise you on, or obtain for you, goods or services from third parties. When you have signed an order (in any form) for these goods or services you become responsible for their payment. Any claim you may have in relation to these goods or services (e.g. quality) is directly with the supplier and not with Pop Art Puppy Dogs.
Archiving
All artwork, computer files and other materials are kept from the date of their creation, after which they are archived. Due to the unstable nature of storage media, we cannot guarantee that your files or material will not become corrupted. Pop Art Puppy Dogs is not responsible if files or material are corrupted or damaged.
Out-of-pocket expenses
Unforeseen out-of-pocket expenses are not included, as they cannot be pre-determined, and are additional to the estimate.
Samples of finished items
For our records, Pop Art Puppy Dogs retains photographs or representations of the finished works.
Payment
Full payment of invoices must be made within 7 days of the date of the invoice. Unless all outstanding invoices are fully paid, Pop Art Puppy Dogs reserves the right:
i. not to begin, continue or deliver any work
ii. to retain any goods supplied to Pop Art Puppy Dogs and/or which have been produced for you
iii. to charge for any preliminary work carried out at your request
Payment in advance
Pop Art Puppy Dogs may require a deposit of the total project cost or of the cost of any individual stage of the project, within 7 days, before any work can begin or continue.
Implied warranties
Pop Art Puppy Dogs gives no express warranty in relation to the supply of its services to you and you acknowledge that you have not relied on any representation or warranty made by Pop Art Puppy Dogs or on Pop Art Puppy Dogs behalf. The Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into these Terms and Conditions of Trading.
To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
Further, to the extent permitted by law, if Pop Art Puppy Dogs becomes liable to the client in any manner whatsoever for breach of warranty or for any other reason, then Pop Art Puppy Dogs liability is limited solely to the cost of supplying the services to the client again or the payment of the cost of having the services supplied to the client by a third party, whichever Pop Art Puppy Dogs elects.
Client’s warranties
Where you supply Pop Art Puppy Dogs with information, designs or other material, you warrant that:
– it does not infringe any copyright, trademark or design
– it is not in breach of confidence, misleading or deceptive
– it is not defamatory or unlawful
– all statements purporting to be factual are true
To the maximum extent permitted by law, you indemnify Pop Art Puppy Dogs against any breach of warranty made by you in these Terms and Conditions of Trading. This indemnity continues after this agreement ends.
Independent contractor relationship
Pop Art Puppy Dogs and the client’s relationship is one of independent contractors and not one of agency or partnership.
Subcontracting
Pop Art Puppy Dogs may use subcontractors to perform any part of the work.
Law of agreement
The law of the State of Victoria, Australia, applies to these Terms and Conditions of Trading.
For any questions regarding the terms and conditions, please email jess@popartpuppydogs.com