GENERAL
Upon making your initial payment to Pumpkin Graphics, you affirm that you have reviewed and consented to the terms and conditions specified herein.
DEFINITIONS
Pumpkin Graphics, We
Pumpkin Graphics
Client, You, Your
The person or entity requesting the services of Pumpkin Graphics
Website
This term is used for all electronic media design. Including, but not limited to, micro sites, virtual tours, interactive maps, e-books, e-brochures, Content Management Systems.
Project
Refers to anything that is created by Pumpkin Graphics. Including, but not limited to, graphic design, website design, photography, video, and programming.
COMMUNICATION, REQUESTS, APPROVALS AND SIGN-OFF
Pumpkin Graphics accepts emails as a legally binding form of communication. All project requests, approvals, and final sign-offs should be made via email even if verbal confirmation was given.
QUOTATION
Before a project quotation can be given, Pumpkin Graphics requires a full project brief to be supplied by the client. A document entitled Pumpkin Graphics Design Brief Guide will be supplied to help you with creating your project brief.
Quotes are valid for 30 days from the date of issue.
If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or Pumpkin Graphics fee alterations.
Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new quote must be obtained.
All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and are subject to amendment to meet any rise or fall in such rates/costs.
PAYMENT TERMS
The full project cost is split into three payments of 50%, 25%, 25%.
50% deposit is required, plus all content and materials (see Supply of Content), before any work commences on the client's project.
25% milestone payment is required at concept acceptance. Work will continue on the project after payment has been received. For projects where concept work is not necessary, Pumpkin Graphics will determine the milestone date.
25% final payment is due before receipt of finished artwork or website going live. Proofs or full working demonstrations will be shown for the client’s final approval at this stage. The client must officially sign-off on finished artwork via email.
No finished artwork will be supplied, nor will a website go live, until the final payment is made.
The client agrees to make payments within 7 days respective of the invoice.
Pumpkin Graphics prioritises early paying clients and reserves the right to cease production or prioritise projects based on payment status.
An urgency fee (double the current hourly rate) will be charged to any client requesting work within a time frame that Pumpkin Graphics regards as short notice.
Pumpkin Graphics reserves the right to suspend services or remove a website from being live should payments be overdue. In such an event, the client is still liable for the costs to date.
Should the client wish to cancel a project or service at any stage, then the client is liable for the cost of any work completed to date. Cancellations should be made via email even if verbal confirmation was given.
Following consistent non-payment of an invoice, Pumpkin Graphics will seek legal action.
SUPPLY OF CONTENT
If your company has a Style Guide, it is imperative that Pumpkin Graphics receive this information at the beginning of the project to maintain brand continuity. If supplied after work has begun, penalty fees may apply for any necessary re-creation or editing.
All written content MUST be supplied in electronic format (Word document, email, or similar). The client is solely responsible for the project's content. Pumpkin Graphics is not responsible for proofreading any content.
Supporting visual material such as logos and images should be emailed to Pumpkin Graphics if possible. Larger files may be sent via CD or DVD to our address (see company address at the top of the page).
CONTENT LIABILITY
The client is solely responsible for the integrity of the written and/or visual content of any project that Pumpkin Graphics is requested to create. The client will obtain all the necessary permissions and authorities regarding the use of all copy, graphics, registered company logos, names, trademarks, or any other material supplied by the client. The supply of aforementioned material by the client shall be considered a guarantee by the client to Pumpkin Graphics that all such permissions and authorities have been obtained.
Clients are required to ensure that all content complies with the current Australian legislation regarding publications. The client shall indemnify Pumpkin Graphics in respect of any claims, costs, and expenses that may arise from any material included in their project by Pumpkin Graphics at the client’s request.
Any project content supplied to Pumpkin Graphics to be used in any form warrants that these do not infringe the rights of third parties and indemnifies Pumpkin Graphics against any action taken by any such third party against Pumpkin Graphics.
Pumpkin Graphics reserves the right not to include any material supplied by the client if deemed inappropriate or offensive.
PROJECT TIMELINES/DEADLINES
Pumpkin Graphics endeavors to respect all project timelines discussed with the client. However, all timelines provided by Pumpkin Graphics are estimated based on a predetermined length of time that Pumpkin Graphics considers realistic for the completion of said project without unforeseen problems. The timeline is an estimation and not a guaranteed completion date.
All project content is required before the project start date. Failure to provide ALL content by this date voids all discussed timelines.
Requests for changes or additions outside of the original brief during project development void all discussed timelines.
Clients should understand that providing content one day late does not simply extend the timeline by one day. Pumpkin Graphics will prioritise the next project where ALL content has been provided, pushing the original project further down the queue.
Pumpkin Graphics will not be liable for costs incurred, compensation, or loss of earnings due to failure to meet agreed deadlines.
TYPICAL PROJECT PROCESS
INITIAL PHASE
- Project brief completion and Meetings with Sales Director
- Quote sent / Quote accepted
- 50% deposit to schedule the project
- Second meeting with Sales Director & Designers/Programmers
- Technical discussion regarding hosting, emails, data, etc.
- Provision of all content
DESIGN PHASE
- Concept development begins
- Concept presentation with 2 rounds of revisions
- Concept sign-off
- 25% milestone is due
BUILD PHASE
- Website development & build
- Development link submitted to the client for review
- Website feedback & changes
- Final review and sign-off
- Remaining 25% is due
LIVE PHASE
- Website goes live
- Live testing and checking
WEBSITE SPECIFIC INFORMATION
Domain Name Registration
- All domain names that Pumpkin Graphics registers and manages on behalf of the client will remain the client's property.
- Clients can manage the domain name themselves at a different location by contacting Pumpkin Graphics directly.
- Pumpkin Graphics will charge an hourly rate for any management of a domain name outside of the Pumpkin Graphics domain name management account.
Hosting (with Pumpkin Graphics)
- Pumpkin Graphics prefers clients to host their website on the Pumpkin Graphics server for quality, technical ease, and efficient management, installation, troubleshooting, and technical support. The annual hosting fee determined encompasses 1 domain name and its management.
- Hosting with Pumpkin Graphics includes, at no additional cost: Server management, domain name management, website management, and technical support, encompassing the setup of emails, databases, and other server-side operations deemed part of our offered services. We do not take responsibility for 3rd party technology compatibility with our systems or any incidents of website hacking.
- Pumpkin Graphics does not provide technical support for personal home/office computers or software. We strongly recommend hosting your website on the Pumpkin Graphics server if you require a Pumpkin Graphics Content Management System.
- Pumpkin Graphics disclaims any responsibility for loss of business due to server downtime, errors, or hacking incidents.
Hosting (3rd party server)
- If you decide to host your website on a 3rd party server, Pumpkin Graphics advises you to consider the following:
- Your chosen server may not be entirely compatible with certain code used in the website design we create for you, particularly if your website utilises a database.
- Pumpkin Graphics does not offer technical support for 3rd party servers.
- Any work related to the 3rd party server will be subject to an hourly rate charge.
Website/Server Errors and Liabilities
Pumpkin Graphics strives to ensure that your website, scripts, or programs are error-free but cannot assume responsibility for losses incurred due to malfunctions.
Website/Server Hacking
Pumpkin Graphics cannot be held accountable for any hacking, malicious code, or illegal activities perpetrated by a third party that impact the client’s website.
Pumpkin Graphics offers no ranking guarantee for your website on Search Engines. Your website will be equipped with the basic level of SEO using meta-tags for descriptions and keywords. Comprehensive SEO campaigns are available.
CONTENT MANAGEMENT SYSTEM (CMS)
Certain components of our CMS are the intellectual property of Pumpkin Graphics, requiring all websites created with a CMS to be hosted on our servers. If a client wishes to transfer their website to a 3rd party server, they'll need to pay a fee (day rate) to Pumpkin Graphics for the rights to use the intellectual property elsewhere. Alternatively, Pumpkin Graphics can remove specific components from the CMS, allowing the 3rd party company to re-style or re-program the missing elements.
GRAPHIC DESIGN/PRINT SPECIFIC INFORMATION
It is the client’s responsibility to ensure all information is accurate before printing. A proof will be provided for final approval, and the client remains liable for payment in case of errors found after printing.
Pumpkin Graphics employs a 3rd party company for printing, subject to change per project, without obligation to disclose the printer's identity.
Clients sourcing their own printer are accountable for forwarding printing specifications to Pumpkin Graphics BEFORE project design commences.
Print colour variations may occur between print runs, print stock, or from screen to print. Pumpkin Graphics endeavours to match colours between screen and print as closely as possible if a specific colour code is not provided.
Pumpkin Graphics is not liable for errors or colour matching from materials provided by 3rd party design agencies.
PERMISSIONS, COPYRIGHT, AND INTELLECTUAL PROPERTY
All project creation files, including programming code, remain the intellectual/creative property of Pumpkin Graphics.
Pumpkin Graphics retains copyright of all original project design/graphics/photography/video and programming code (unless otherwise agreed) and may only be commercially reproduced or resold with Pumpkin Graphics' permission.
Pumpkin Graphics cannot be held responsible for any copyright infringements arising from materials submitted by the client.
ERRORS, TECHNICAL SUPPORT, AND MAINTENANCE
Pumpkin Graphics offers free technical support for websites hosted with us (excluding hacking or malicious code issues). Clients hosting on a 3rd party server must contact the 3rd party company for technical issues and will incur emergency support charges from Pumpkin Graphics for assistance on 3rd party servers.
Pumpkin Graphics does not provide technical support for general computer usage or installed software.
We strive to ensure websites hosted on our server remain functional despite upgrades by 3rd party companies; however, Pumpkin Graphics is not liable for loss of business due to server downtime, errors, or hacking.
Website Transfer Policy
If a client whose website we have created wishes to transfer their website to another hosting provider, they can only take the number of pages specified in the contract. This is clearly outlined in the package pricing. Pages created for marketing purposes are only available for use during the marketing period. Since these pages are marketing pages used by Pumpkin Graphics, the client does not have any rights over these pages if they choose to switch to another hosting provider.
TECHNICAL SUPPORT AVAILABILITY
Monday to Thursday: 9 am – 5 pm AEST
Friday: 10 am – 3 pm AEST
admin@pumpkingraphics.com
0421 449 137
LIABILITIES
Pumpkin Graphics will not be liable or intervene in disputes between the project owner and their clients or any other 3rd parties.
DISPUTE RESOLUTION
Both parties agree to make good faith attempts to resolve any disputes before resorting to court procedures. This involves clearly communicating in writing the background leading to the dispute, outlining steps for resolution, and discussing means to prevent future disputes.
YOUR (THE CLIENTS) OBLIGATIONS
As a client of Pumpkin Graphics, you agree to
- Refrain from using the Website (or any part of it) for any illegal purpose and commit to utilising it in compliance with all relevant laws.
- Avoid uploading or transmitting computer viruses, macro viruses, trojan horses, worms, or any disruptive elements designed to interfere with normal computer operations.
- Abstain from uploading or transmitting material through the Website that is defamatory, offensive, obscene, menacing, or may cause annoyance, inconvenience, or undue anxiety.
- Use the Website in a manner that does not interrupt its functioning, cause damage, or impair its effectiveness or functionality.
- Not engage in any activities on the Website that violate or infringe upon the rights of any individual, company, or entity, including but not limited to intellectual property rights, confidentiality, or privacy rights.
- Acknowledge that if you have any claims against other Users arising from their use of the Website, you will pursue those claims independently without involving Pumpkin Graphics.
CHANGES TO THE TERMS AND CONDITIONS
Pumpkin Graphics reserves the right to modify these terms and conditions at any time without prior notice.