Signblitz Client Terms

Delivery of Services and Products

1. Estimated time for delivery of the products are provided in our Proposal or as otherwise agreed. These timeframes vary depending on such things as: availability of stock, size of order, shipping, holiday periods and other items which may be out of our control. We agree to deliver the Product as close to the estimated timeframe in the Proposal. In the event of any delay in delivery, we will notify the Client to discuss and agree an alternate date.
2. The Client acknowledges that any late provision of any materials, information or responses that the Client may have requested or require may result in a delay to delivery of the Product. The Client acknowledges that Signblitz is not responsible for any such delay.
3. If the Client has provided us with a custom sign request which may include custom wording, font, logo, colours, design, non-standard size and other specific custom requirements (‘Specifications’), we will provide a quote for this project (‘Project’).
4. For any Project, we include one first version of the Project with one reasonable revision of the first version, such revision must be provided by the Client within one week of receipt of the Project version.
5. We do not provide any warranties, guarantees other than what is required under Australian Consumer Law (‘ACL’) and the Client is responsible for all regulatory compliance under all laws for any designs included in the Client request, Specifications and Project, including but not limited to any copyright and intellectual property licences that may be required.

Client Approval

Client Warranties, Errors and Omissions

1. The Client warrants:
   1. any images, language, fonts, logos, colour specifications and including any instructions (together ‘Specifications’) provided for any Project will not breach any third party rights;
   2. prior to placing an order, they have checked and ensure they meet all regulatory requirements for their signage including but not limited to use, installation, permit and any other requirements; and
   3. they will take over and indemnify Signblitz for any claim made by any third party as a result of any Specifications provided by the Client.
2. While Signblitz makes all efforts to ensure that the Product is reviewed and accurate where applicable, there is no guarantee that every Product is completely free from errors or missing content. The onus is on the Client to ensure all requested or required content is included in the Product and to ensure identification of any errors or changes required before final approval. In addition, as the Product and Services are based on the materials, content and information provided by the Client, Signblitz is not responsible for errors occurring in the Product or Products related to the Product after approval of the Product by the Client.
3. Signblitz cannot control where and how any Product may be amended, posted, published or otherwise used by the Client and for this reason, the Client agrees Signblitz is not responsible for any Product or Services after provided and approved.
4. Any material or content (‘Material’) provided by the Client which forms part of the Services or Product is the responsibility and liability of the Client and the Client will indemnify Signblitz for any direct or indirect claims including any third party claims in relation to the Material or use of the Product.

Confidentiality

1. ‘Confidential Information’ means all information of a confidential nature concerning the Client and its products, disclosed to Signblitz by the Client and includes any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain.
2. Materials and work may be provided to Signblitz from time to time in order to enable provision of the Services. Signblitz shall exercise due care not to disclose Confidential Information to any third party without express written permission of the Client and will only use the Confidential Information in order to enable the provision of the Services.
3. Despite anything contained in this clause, Signblitz may disclose Confidential Information to the extent required by law or a regulatory authority.
4. During the term of this arrangement and after its termination, all information concerning fees, payment arrangements, terms, business processes and any other information disclosed bySignblitz, shall be treated as Confidential Information by the Client.

Signblitz Warranties and Client Acknowledgements

Signblitz warrants the following:

1. In providing the Services, they will comply with general law and industry standards in respect of the Services.
2. The work performed to provide the Services will be done to a high standard in accordance with best practice.
3. The scope of the Services will be limited to the description provided in the Proposal, these Terms and as may be agreed in writing from time to time. Any other additions or variations must be agreed in writing and may incur an additional cost.

The Client agrees that:

4. They will provide all relevant information required for Signblitz to carry out the Services in a timely manner; and
5. They will supply the outline for the work and Services and any specific requirements and materials that Signblitz may require to complete the Services, including any person to be available to respond to queries or additional information that Signblitz may require to finalise the Product order and Services.
6. All work is completed based on and in accordance with the Client’s instructions.
7. Signblitz is responsible for carrying out Client’s instructions and is not responsible for any spelling, design or any other errors once the Client has approved the work and Product.
8. There may be variations to the Product such as colour, shape, design, or other items due to unavailability or things that are outside of the control of Signblitz. In such a case, Signblitz will do their best to offer an alternative product that is of the same quality or better. Signblitz will contact the Client as soon as practicable to discuss alternative products or solutions where relevant. The Client is responsible for all installation and display of Products purchased as well as approvals for all installations and all maintenance for Products. We are at no time responsible for any incorrectly installed product including but not limited to any loss, injury or damage that may result directly or indirectly from installation of the product.
9. The Products come with guarantees that cannot be excluded under the Australian Consumer Law (‘ACL’). The Client is entitled to a replacement or refund if the Products fail to be of acceptable quality or if they are in any way faulty.

Limitation of Liability and Indemnity

1. Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the ACL. At no time are these statutory rights sought to be excluded.
2. The Client agrees to indemnify and hold Signblitz harmless from and against all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including settlement costs) including indirect and consequential loss, and associated expenses (including legal fees) resulting from products or services provided to the Client, or arising in connection with any information or material supplied by the Client, or from any act or thing done on the Client’s instructions or with the Client’s approval.

Intellectual Property (‘IP’) and Ownership of Products

1. Subject to full payment by the Client of invoices, ownership in the Products will vest in the Client subject to use by Signblitz for promotional purposes. Any outstanding work for Products remain the property of Signblitz and may not be used, altered, redistributed or published by the Client until payment in full has been made and received by Signblitz.
2. We will store all artwork, images, designs and Client instructions on file for 12 months, after which time we will securely delete all Client files.

Images, Graphics, Words and Logos (‘Images’)

1. Generally, where any Images required for any content of the Product are to be provided by the Client unless it is a standard or replicated Image or Product. The Client takes full responsibility for ensuring their imagery is correctly licensed for = the purposes of the intended use or is otherwise owned by or appropriately licensed to the Client.
2. If the Client is unable to prove that a valid licence exists and was purchased, the liability of any infringement will fall on the Client. Any third-party claims are to be managed by the Client and they agree to indemnify Signblitz for any such claim.
3. From time to time, the Client may request Signblitz to provide Images as part of the Services. All Images, materials and work is provided without warranties of any kind, both express and implied. In the event of any such request by the Client for Images, the Client agrees to pay any additional fees for licensing or use as may be incurred and invoiced by Signblitz.
4. As a consequence of engaging the Services, Signblitz has the right and permission to use the Client’s name and logo for their own business promotional and advertising purposes. If the Client does not wish to have their name and logo used for such purposes, they agree to inform Signblitz in writing of such refusal and Signblitz agrees to remove any reference to the Client in relation to their business and Services.

Invoices, Payment, Refunds and Cancellation

1. The Client agrees to pay all invoices by the date specified in the invoice. Any late, overdue or unpaid invoice amounts will incur penalty interest at the interest rate stated in the invoice or otherwise at the annual rate of 10% pro rata.
2. As Signblitz has set aside time for completing the work, and once the Client approves the Product, all monies are non-refundable. Any cancellation of work or Product, once confirmed by the Client, will forfeit any deposit or fees paid. Where there is no deposit paid in advance, the full amount of the Product, as stated in the Proposal, becomes immediately due and payable unless otherwise agreed by Signblitz. A refund may only be requested 7 days after payment in full and prior to commencement of any work. Any other refund is in our sole discretion.
3. For any delay and re-start or cancellation and re-start, there is an additional fee chargeable.
4. There are no refunds for change of mind or for any of our Products that are custom-made. We do not seek to limit your statutory rights under Australian Consumer Law (ACL) and will at all times abide by any guarantees under the ACL for all our Products and Services.
5. In the event that the Client fails to pay any invoices in accordance with the terms of the invoice, these Terms or does not perform its obligations under these Terms, Signblitz may refuse to continue to provide the Services and may terminate the arrangement immediately without notice. Signblitz may also commence proceedings to collect any outstanding debts owed.

Relationship

The relationship under these Terms is that of principal and independent contractor. At no time is Signblitz a partner, agent, employee or joint venture partner of the Client. No act or omission of either party is to bind the other party except as expressly set out in these Terms.

Governing Law

This Agreement is governed by the laws from time to time in force in the state of New South Wales, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the courts of New South Wales for determining any dispute concerning this Agreement.