Please read this information carefully, as your acceptance of our quote indicates your acceptance of these terms and conditions, including your permission to conduct a credit check and risk assessment on you through our credit reporting agency.

Terms and conditions

TERMINOLOGY
'We', 'our' and 'us' refers to Pollen Media Partners Pty Ltd. 'You' and 'your' refers to our client as listed on our quote for the project.

PROCESS OF WORK
Briefing
A written brief is agreed on and discussed before any work is started.

Quotes
Quotes are based on the project as briefed. Before the commencement of any work the quote must be signed by you and returned to us, or a purchase order or email (quoting our reference number and the total cost) supplied. Your signature on the quote or our receipt of your purchase order or email acknowledges your acceptance of the quote and these terms and conditions, constitutes a contract between us and you, and gives us your authorisation to proceed with the work.

Cancellation
If the project as briefed does not proceed after acceptance of the quote, a cancellation fee will apply. The fee is comprised of the number of hours we have applied to the brief prior to the time of cancellation, plus any costs applying to the brief which have been directly incurred by us on your behalf.

Approval
Final artwork is approved and signed off by you before proceeding to production. While we take all care to ensure final artwork is correct, ultimate responsibility for its accuracy rests with you, so please check all artwork thoroughly before giving your approval to proceed to production.

COPYRIGHT ISSUES
Copyright
Under the Copyright Act 1968 the copyright for work provided to you by is retained by us, and the copyright for photography, illustrations and any other original creative work commissioned by us on your behalf is retained by the author/creator. Upon our receipt of full payment for the work, you have exclusive licence to use the work for the purpose/s and/or time/s specified on the cost estimate. If required, extended usage or sharing of copyright can be arranged for an additional cost.

Supply of artwork
If we agree to supply to you or a third party any artwork, photography, illustrations or any other original creative work created by us or commissioned by us on your behalf for a purpose other than stated in our quote for the project, you will be required to pay an additional cost for extended usage. This cost will depend on the usage required. If the extended usage cannot be determined or guaranteed you must sign a contract for shared copyright with us and pay a fee. This fee may be quite high, depending on the project.

Breach of our copyright
Our creative product is the basis of our business. We will vigorously pursue criminal prosecution and maximum financial compensation for any breach of our copyright, including, but not limited to, your usage of our work before payment in full is received by us, and your usage of our work for a purpose or purposes not specified in our quote or invoice.

TYPES AND COSTS OF WORK
Included in the price of each project we quote are a digital layout and two sets of Amendments, however Changes are not included and are charged at the appropriate hourly rate (for our definitions of Amendments and Changes please see below). Our hourly rates apply to work done after concept is approved, and to work where no concept work is required.

Concept
Concept is the creative solution to a brief. Some examples include: the idea behind an ad or campaign, logo design and brand guidelines, a cover and style guide for a brochure. To work on solutions to creative briefs we charge a concept development fee. The fee is determined by the scope of the project and includes three concepts, a basic digital layout for each, and two sets of amendments to each. If you are not entirely satisfied with the concepts presented we will rework them at no charge. However if you require completely new concepts there will be an additional charge of 50% of the initial concept development fee. After the concept is approved the continuation of the work is charged at the appropriate hourly rate.

Art direction and design
Art direction and design involves working with existing elements. Some examples include: the design of stationery after the logo is approved, page layout for brochures after the initial concept is approved, reworking of an existing item, supervision of a photo shoot. Art direction is charged at an hourly rate.

Copywriting
Copywriting involves writing original copy and editing supplied copy.

Studio
Studio is work which does not require design. Some examples include amendments or simple changes to a project and preparation of final artwork for production. Studio is charged at an hourly rate.

Urgent projects
Express rates are charged when work is required to be completed urgently and for work required on non-business days. Please note that in addition to public holidays, Friday is a non-business day for us. For work required in 48 hours from the brief we add 25% to our hourly rates. For work required in 24 hours from the brief we add 50% to our hourly rates.

Minimum charge
For all projects there is a minimum charge of one hour. At our discretion this may also apply to changes and additions to a project which are not included in the original brief.

Amendments
These are minor changes to a project, requested by our client, that are within the scope of the agreed brief. Two sets of amendments are included in the cost of each project, however any additional amendments will be charged at the appropriate hourly rate. Amendments which are required to correct oversights or mistakes made by us will be free of charge.

Changes
These are any changes to a project, requested by our client, that are not within the scope of the agreed brief. Examples include changes to: size, specifications, layout, functionality (web), major changes to approved layout and major changes to approved copy. Changes outside of the original brief are not included in the quote and will be charged at our appropriate hourly rate. As with amendments, changes which are required to correct oversights or mistakes made by us will be free of charge.

Project management
The project management fee is charged on the subtotal of the invoice, excluding external costs such as print, photography etc and sundries. It covers phone calls, faxes, emails, some travel, some meetings, sourcing of quotes and briefing for commissioned work (eg photographers, illustrators) and incidental research. This fee applies to all projects.

Sundries
Sundry costs incurred during the course of the project will be added to your invoice and charged at net. Examples of sundries include couriers and art materials used specifically for your project. As these costs are incurred during the course of your project, we cannot include them on your quote. These costs are usually less than AUD100, however if it appears the final amount for Sundries for your project will be substantially over this amount, we will do our best to advise you before invoicing.

PAYMENT
All new clients, including, but not limited to, individuals, registered businesses, companies and organisations, will be subject to a credit check and risk assessment from our credit reporting agency. From new clients we require a deposit of 50% of the total amount on our quote before we commence the work. The balance plus any extra charges as agreed upon are payable COD. If the project requires external costs to be incurred (for example photography, illustration or other comissioned work, and print production) payment for these is required in advance. For existing clients with a good payment history our payment terms are 14 days from the date of our invoice.

Late payment
If you are unable to pay an invoice by the due date please contact us before this date to discuss payment arrangements. If an invoice is not paid by the due date and no payment arrangements have been made we will list the default with our credit reporting agency and commence legal action. Compound interest of 5% of the total invoice will be added to your account for each 30 days or part thereof until the account is paid in full.

INDEMNITY
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by you or a third party resulting from the provision of services by us to you, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to make changes to these terms and conditions at any time and without notice. Any and all changes will apply retrospectively.