1. All invoices are payable within 14 days of date of invoice. The granting of any license or right of copyright is conditioned on receipt of full payment. Projects valued $800+GST or more will require 50% deposit to be paid upon invoice, before the project commences. If you would like to discuss other payment arrangements please contact Splitpants Productions (SPP) before the commencement of the project.
2. Default of payment. The Customer shall assume responsibility for all collection of legal fees necessitated by default in payment.
3. Expenses. The Customer shall reimburse SPP for all expenses arising from this project.
4. The Customer shall be responsible for making additional payments for changes requested by the customer beyond the original project estimate. Additional authors alterations beyond those included in the project estimate may be charged at the $75+GST per hour.
5. Cancellation. In the event of cancellation of the project, ownership of all copyrights and the original artwork shall be retained by SPP, and payment will be due for any work completed based on the project price and expenses already incurred shall be paid by the Customer. Where a deposit has been paid the deposit is non-refundable.
6. Ownership of artwork. SPP retains ownership of all originals and copies of the artwork whether preliminary or final. SPP reserves the right to use all artwork, whether preliminary of final, for promotional purposes including portfolio, marketing and competition entry, in printed or digital form.
Working files, including but not limited to Adobe Illustrator, Indesign, or Photoshop files, remain the property of SPP, and delivery of working files is not included in estimates/quotes unless otherwise stated. If working files are supplied, and additional fee of 50% of the quoted/invoiced project amount will be charged.
This granting of copyright does not extend to the use of estimates or concepts submitted but not approved by the customer.
7. Releases. The Customer shall indemnify SPP against all claims and expenses including reasonable lawyers fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by release.
8. Modifications. Modification of the Agreement must be written, except that the invoice may include and the Customer shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
9. Warranty of Originality. SPP warrants and represents that, to the best of our knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained consistent with the rights granted to the Customer herein; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published that the consent to use has been obtained consistent the rights granted to the Customer herein; that SPP has full authority to make this agreement and that the work prepared by SPP does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Customer or other may make of SPP product that may infringe on the rights of others. The Customer expressly agrees that it will hold SPP harmless for all liability caused by the Customers use of SPP product to the extent such use infringes on the rights of others.
10. Limitation of Liability. The Customer agrees that it shall not hold SPP or their agents or employees liable for any incidental or consequential damages that arise from SPP failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of SPP or a third party. Furthermore, SPP disclaims all implied warranties, including the warranty of merchantability and fitness for a particular purpose. The Customer shall be responsible for all compliance with laws or government rules or regulations applicable to the Customers final product (s).
To the extent that deliverables include any word, symbol, logo, or other content used to designate the Customer as the source of goods or services (“Trademarks”), the Customer shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and the Customer shall indemnify, save, and hold harmless SPP from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of the Customers failure to obtain trademark clearance or permission for us of Trademarks.
The maximum liability of SPP to Customer for damages for any and all causes whatsoever, and Customers maximum remedy, regardless of the form of action, shall be limited to an amount equal to the total fees paid by the Customer to SPP hereunder. In no event shall SPP by liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the services, even if SPP has been advised of the possibility of damages.
11. Approval of artwork. Please check PDF proofs carefully. It is the Customers responsibility to ensure the PDF proof is an accurate representation of the required finished product in every visible aspect including design, layout, spelling, pricing etc. SPP will not accept any responsibility for any costs incurred due to errors or omissions on the PDF proof. Your approval to proceed to final artwork represents your acceptance of these terms and conditions.
12. Project commencement. A signed copy these Terms & Conditions and a signed estimate (or digital acceptance) must be returned to SPP via email or mail before any work will begin. Returning of signed documents will be considered approval of the project. Instructions to begin work on a project either in writing or verbally will be considered acceptance of these Terms & Conditions. 50% commencement deposit will be required on all projects over $800+GST, unless otherwise negotiated. Deposit will be invoiced on acceptance of the quote/estimate.
13. Delivery. Any known deadlines must be provided when a project is briefed to ensure that a suitable time line can be established. Where production/design schedules are not met by the Customer, final delivery date or dates can not be guaranteed and will be adjusted accordingly. You agree to pay any freight costs associated with delivery of your project unless otherwise agreed.
14. Fees. The Customer agrees that the fee for service shall be the cost provided in the estimate/quote unless the work undertaken exceeds that which has been outlined. If work exceeds the items specified in the estimate/quote, the Customer agrees to pay the fees for the excess work.
15. File archive. It is important to download and store any files delivered in a secure place. Re-supply of files will be available free of charge by SPP for a maximum of 6 months, after which they will be archived and a retrieval fee of $37.50+GST per project will apply. Files will be archived for a maximum of 2 years.
16. Technical Support. Unless otherwise stated, quoted projects include 1 hour of technical support for use of delivered files. Additional technical support needed will be charged at $75+GST per hour and invoiced monthly.