Terms and COnditions
Below is Evotech Pacific Pty Ltd standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us.
By requesting designs and/or services from Evotech Pacific Pty Ltd you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required. Below is Evotech Pacific Pty Ltd standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Evotech Pacific Pty Ltd you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required. Terms and ConditionsEvotech Pacific Pty Ltd
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Evotech Pacific Pty Ltd, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, 3D printing, laser engraving (Artwork)
2. These Terms and Conditions are subject to change without notification by the Company.
3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. An initial consultation between the Company and the Client will take place after the Client has submitted their ideas via the Evotech Design Portal. 5. A quote will be provided to the Client by the Company. Should the Client decide to go ahead with the quoted job, the Company will be notified via Electronic means (email, website notification or SMS). Work will then begin6. The Company will offer a set number of two (2) revisions if required to Artwork under the original Visual Brief as complimentary. 7. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $120 per hour, billed in 15 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
8. Quotations are generated by the Company on the basis of the Client’s initial Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
9. The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.10. The Company reserves the right to invoice for work completed if the project exceeds 60 days.11. The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.12. All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.13. All payments are to be made upon completion of the Artwork and prior to dispatch. 14. The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days. 15. The Company reserves the right to delete files with accounts more than 90 days outstanding payment.
Cancellation and Variation Policy
16. The Company reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested – refer clause (7).17. If the Client requests the cancellation of a Contract, The Company will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date. a. If the determined monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference. 18. The Company will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.
Approving Proofs/ Designs/Printing
19. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. a. The Client’s final accepted proof is the Artwork that will be submitted for 3D printing. There will be no reprints or further development at our expense.
Submission of Client artwork
20. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of 3D printing. Customers are reminded to submit solid, water-tight Artwork with the correct specifications. We will 3D print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.21. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
22. Ownership of copyright over all concepts and draft Artwork remains with the Company. This includes, but is not limited to; design work for the purposes of 3D printing, laser engraving or manufacturing. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal. For more information visit http://www.copyright.org.au/information 23. Artwork designed will remain the property of the Company until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. 24. Upon full payment of account, copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
25. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 1-3 working days dependant on the product type. This period commences at date of Client approval of Artwork proof and payment. All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
26. The Company cannot be held liable for 3D printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.27. The Company cannot be held liable for 3D printed models which are damaged/destroyed in the lost wax casting process by third party casting houses. There will be no reprints at our expense.
The Company shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, 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.
Amendments to these Terms and Conditions
29. All and any amendments to the Terms and Conditions outlined in this submission must be provided in writing and signed by an authorised representative of The Company prior to the commencement of work.