Below are Elite Image Software Corporation standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Elite Image. Please also note that from time to time Elite Image may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Elite Image Terms and Conditions:
Agreement to work with, and submission of a design brief or approval of estimate and payment of deposit to Elite Image constitutes agreement to these terms and conditions.
Commencement of work
Graphic Design Services
The deposit payment specified in your contract is non-refundable. Requests for refunds, after the deposit payment’s associated Milestone Tasks have been achieved, must be presented to Elite Image in writing. Refund requests must be made prior to Elite Image receiving written or verbal authorization or approval of acceptance of services performed. After a proof has been accepted, no refund is available on graphic and design services.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. Elite Image endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $95 (plus GST if applicable) per hour will be payable.
Approval of Final Artwork
While Elite Image takes all care to avoid errors, Elite Image accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification and proof approval of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by “The Client’s” proof reading.
Elite Image retains full ownership of design concepts and materials it produces. Unused concepts remain the property of Elite Image
Elite Image reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Elite Image all services provided shall be for the exclusive use of the client’s said purposes only.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Elite Image. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by Elite Image and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $95 per hour plus GST.
If a project is cancelled by Elite Image, due to unforseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by Elite Image.
Printing fees are 100% non-refundable if printing cycles have begun. If a printing fee refund is requested prior to the commencement of printing cycles, a full refund of printing fees, less a $50 processing fee will be issued.
Customer is fully responsible for final proof and layout approval prior to the printing process. Elite Image is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size. Your written approval, via email, constitutes acceptance and full responsibility for all errors, omissions and legal and ethical compliance in any proofing documents.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
Elite Image is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Elite Image is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Additional fees may apply for the files larger than 30MB.
COLOR PROOFING AND MATCHING
Elite Image is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While Elite Image will try it’s best to match the gradient density of each color , Elite Image is not liable for the final appearance of a color.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Elite Image will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Elite Image does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.
RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit. Customer must notify Elite Image within 10 business days of receiving order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. Where replacement is appropriate, Customer must first return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
Printed material which needs to be refunded must be shipped back to Elite Image at customer’s expense. Our quality control department needs to inspect and verify that complaint is valid.
Elite Image shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Elite Image. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Late payments & Default
Accounts which are not paid within 30 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “Elite Image”, unless prior arrangements have been made. “Elite Image” shall at it’s sole discretion suspend any and all services provided to the client by “Elite Image” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay “Elite Image” reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.