Definitions.
“Client” refers to the individual or organisation engaging Popular Demand Agency Pty Ltd to undertake works of any value, including but not limited to; paid, pro bono, contra and unpaid/complimentary (i.e. ‘free of charge’) services.
“Agency” refers to Popular Demand Agency Pty Ltd.
“Design” any digital creation assembled in whole, or part, by Popular Demand Agency Pty Ltd.
“Project” refers to a job of any size or nature in which Popular Demand Agency Pty Ltd is requested to create, edit, adjust or produce an asset, be it digital, physical or otherwise.
“Quote” refers to when a fee associated with a deliverable is communicated to a client, whether verbal or in writing.
“Proposal” refers to any document outlining fees associated with works to be undertaken by Popular Demand Agency Pty Ltd, including but not limited to; graphic design, website design, copywriting services, marketing services, ideation, production of printed goods and/or other services to be rendered in a professional capacity.
Engagement of services.
The Client agrees and understands that once a Project commences the full quoted fee applicable to that job, and any deliverables associated with it, are payable in full. The Client acknowledges and accepts the statement that a large portion of the labour in Projects is incurred in the initial ideation process. Popular Demand Agency Pty Ltd will invoice the Project fee upon completion of deliverables outlined in the Quote or Proposal, or after 90 days from authorisation of Proposal (whichever should occur first).
Any requests for works, whether verbal or written; including but not limited to telephone calls, in-person, by email or text message, is accepted as a formal request for services and any charges associated will be due in full upon commencement.
It is the responsibility of the Client to ensure that their employees and contractors are authorised to make purchases on behalf of the organisation. A request from an employee or contractor of a business is deemed as a legally binding order. Failure to provide a purchase order is the responsibility of the Client and/or its affiliated entities and the costs associated with the requested work(s) are still to be paid in full.
Project delays.
In the event that a Project is delayed or stalled due to supply of content, information, or any form of data that may otherwise prevent Popular Demand Agency Pty Ltd from completing the Project, the Agency may invoice the full Project fee at its discretion within the timeframe noted in the Quote or Proposal.
Scope and revisions.
Any work outside the scope or deliverables outlined in the Quote or Proposal will be charged at a rate of $225+gst per hour or at a fee determined by the Agency. Popular Demand Agency Pty Ltd will endeavour to advise the Client at any stage that a request falls outside the included scope. It is the responsibility of the Client to monitor aspects of Quotes and Proposals that may incur excess charges, including but not limited to; rounds of revisions exceeding the included quantity of the Quote or Proposal, increase of features or functionality of digital works, or increases in specification and/or quantity of manufactured goods such as print. All work is billed in one (1) hour blocks of $225+gst unless otherwise agreed in writing. Where revisions are not outlined in writing within a Quote or Proposal, the Client acknowledges and accepts that reworks and revision rounds are at the discretion of the Agency. If revisions exceed an amount deemed reasonable by Popular Demand Agency Pty Ltd, ongoing labour will be charged at an hourly rate of $225+gst.
Intellectual property.
The Client understands that works provided by Popular Demand Agency do not include trademark or IP registration and it is the responsibility of the Client to arrange this. Popular Demand Agency Pty Ltd accepts no liability for the misuse of registered logo(s), trademarks or third party Designs / artworks, where directed for use by the Client. It is the responsibility of the Client to ensure all content meets Australian and International copyright and broadcast laws. The Client warrants that any elements of text, graphics, photos, Designs, trademarks, or other artwork provided to the Agency are either owned by the Client, or that the Client has permission and/or relevant license to use them. Popular Demand Agency Pty Ltd and its directors, employees and contractors accept no liability for the misuse of registered or trademarked content. Ownership of any Designs, copy (wording / text or otherwise), content or logos remain the property of Popular Demand Agency Pty Ltd until the account is paid in full. It is the responsibility of the Client to ensure that licensing restrictions are adhered to for stock assets, including but not limited to; stock photography, graphics, fonts, video and audio.
Accuracy of information, disclaimers and disclosures.
With regards to accuracy of information, disclaimers and disclosures, the liability of misuse or misrepresentation in any material falls solely on the Client. It is the responsibility of the Client to;
A) Confirm the legal right of use and accuracy of the content (i.e. words), images, renderings and logos used in all materials produced by the Agency on behalf and at the instruction of the Client.
B) Ensure accuracy of content, including but not limited to; pricing, professional advice, claims, disclosures and disclaimers.
C) Provide the Agency with any associated or legally required compliance symbols, marks or documentation, and instructions around their application to Design, including but not limited to: license and/or identification numbers, symbols, and the minimum legal font size or graphic dimensions.
D) Ensure accuracy of information and details within content, Design and copywriting supplied by the Agency, including where appropriate, seeking review of assets and claims by the Client’s in-house or external legal counsel as part of the approval and sign-off process.
E) The Client warrants that any instructed, requested, and approved photo and/or video retouching, compositing, editing or otherwise, is compliant with the local legislation and does not mislead or misrepresent their product(s) and services. Upon approval of the retouching,
F) The Agency will undertake photographic and video retouching, compositing, colour corrections and editing as instructed by the Client. The Agency makes no claim as to the accuracy or true-to-life form of the final delivered images and/or videos. The Client wholely owns the final delivered visual assets and accepts all liability for any arising misrepresentation.
Trading terms.
Each Project is subject to individual trading terms based on the nature of the Client account and the Project components. In engaging Popular Demand Agency Pty Ltd, the Client agrees that accounts will be paid within 30 days of issue of invoice for services rendered, or as outlined in the Quote or Proposal. Where ownership of designs, copywriting and any other digital assets produced by the agency transfer to the Client, this occurs only after receipt of payment in full for all services rendered. The Client acknowledges that failure to pay within the trading terms outlined in the Quote, Proposal and/or invoice will result in decommission and unpublishing of digital assets, such as websites, and legal action. The Agency will seek to recover additional associated administrative and legal costs. All Agency time accrued pursuing legal action will be documented and charged at an hourly rate of $225+gst.
Ongoing costs and responsibilities.
The Client is responsible for all ongoing fees associated with the works delivered, including but not limited to; website hosting, email hosting, domain registration, fonts and ongoing stock asset licensing (i.e. not exceeding impression limits or failing to renew associated licenses for stock photos and videos).
Popular Demand Agency Pty Ltd reserves the right to publish all works produced, in formats including but not limited to; Agency presentations, Proposals, Design competitions, branding awards, social media and Agency website portfolio.