Following are the standard terms and conditions for working with Trafffic. It is important that "The client" take time to read through the following thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with Trafffic. Please also note that from time to time Trafffic may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions.
Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to Trafffic constitutes agreement to these terms and conditions.
“The Client” agrees to pay a commencement fee at the beginning of any project, with the balance payable prior to project completion. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. Trafffic endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.
All subscription-based services (such as monthly plan fees, annual hosting, etc) and printing services are billed in advance, which means they are paid upfront ahead of time. As a comparison, all project-based work in billed in arrears, which means they are paid after the project work has been completed. This is always the case, unless other, prior, arrangements have been made.
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
Late payments & Default
All accounts are due to be paid bu their due date. Accounts which remain outstanding after the due date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the due date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by Trafffic, unless prior arrangements have been made. Trafffic shall at it’s sole discretion suspend any and all services provided to "the client" by Trafffic or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay Trafffic reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Trafffic retains all copyright for work performed until full assignment has been transferred. Trafffic reserves the right to reuse or resell work undertaken in the case of payment default.
Trafffic accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases
This is defined as any work involving additions to the list of items defined in the provided Quote or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and additional fees will be payable.
Should additional design not initially quoted for be requested during the design process, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by Trafffic may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Once website development is complete,Trafffic will provide the customer with the opportunity to review the resulting work. Trafffic will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Trafffic by e-mail. Trafffic will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
As mentioned in Payment Terms above, all subscription-based services (such as monthly plan fees, annual hosting, etc) are billed in advance, which means they are paid upfront ahead of time. As a comparison, all project-based work in billed in arrears, which means they are paid after the project work has been completed. This is always the case, unless other, prior, arrangements have been made.
As mentioned in Payment Terms above, all printing services are billed in advance, which means they are paid upfront ahead of going into production. This is always the case, unless other, prior, arrangements have been made.
It is agreed that Trafffic is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. Trafffic will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Trafffic of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Trafffic within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Trafffic.
As mentioned in Payment Terms above, all subscription-based services (such as monthly plan fees, annual hosting, etc) are billed in advance, which means they are paid upfront ahead of time.
Trafffic retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to "The Client". Unused concepts remain the property of Trafffic. Trafffic may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Trafffic retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Trafffic retains ownership of all artwork and website architecture. Trafffic reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Trafffic reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Trafffic till such time an agreement is in place. As part of Trafffic's terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. Trafffic reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Trafffic in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Liability & Litigation
Under no circumstances shall Trafffic be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Trafffic including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Works
While Trafffic takes all care to avoid errors, Trafffic accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
“The Client” agrees to allow Trafffic to place a small credit on printed material exhibition displays, advertisements and/or a Trafffic on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
“The Client” also agrees to allow Trafffic to place websites and other designs, along with a link to the client’s site on Trafffic's own website for self promotional purposes.
All services provided by Trafffic are highly creative and subjective art forms. As such Trafffic take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Trafffic cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by Trafffic. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Trafffic will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage.
Trafffic has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Trafffic will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.