Terms & Conditions

 The following Terms and Conditions of Service apply to all products and services provided by Scailable Marketing Pty Ltd and in the event of any dispute. All work is carried out by Scailable Marketing Pty Ltd on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Scailable Marketing Pty Ltd on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Scailable Marketing Pty Ltd, unless specifically agreed in writing that the alternate design options were released to you, the client.

Project Acceptance

At the time of proposal, Scailable Marketing Pty Ltd can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Scailable Marketing Pty Ltd website. 

Design Charges

Charges for design services to be provided by Scailable Marketing Pty Ltd will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.

 The remaining fifty (50) percent of the project quotation total will be due upon completion of the work.

Scailable Marketing Pty Ltd shall not be held responsible for any design files once the client has approved the files. All printing is at the client’s expense, and once printed, Scailable Marketing Pty Ltd hold no responsibly for incorrectly printed artworks, including spelling mistakes, or changes to design. At the time of the approval, the client accepts all responsibility of supplied files. 

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

Payments may be made by online transfer, PayPal, credit card (Visa, MasterCard) or Debit Card. 

Copyrights and Trademarks

By supplying text, images and other data to Scailable Marketing Pty Ltd for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Scailable Marketing Pty Ltd. By supplying images, text, or any other data to Scailable Marketing Pty Ltd, the customer grants Scailable Marketing Pty Ltd permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold Scailable Marketing Pty Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that Scailable Marketing Pty Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Scailable Marketing Pty Ltd, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Scailable Marketing Pty Ltd and any of its relevant sub-contractors.

Scailable Marketing Pty Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Scailable Marketing Pty Ltd responsible for any such loss or damage. Any claim against Scailable Marketing Pty Ltd shall be limited to the relevant fee(s) paid by the customer.

Website design only

Scailable Marketing Pty Ltd require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that requires changes to the template will incur an additional charge.

Once web design is complete, Scailable Marketing Pty Ltd will provide the customer with the opportunity to review the resulting work Scailable Marketing Pty Ltd 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 Scailable Marketing Pty Ltd by e-mail. Any further requests post the time that the website was quoted will result in an out of scope fee which is payable upfront.

Design Credits

The customer agrees to allow Scailable Marketing Pty Ltd to place a small credit on printed material exhibition displays, advertisements and/or a link to Scailable Marketing Pty Ltd own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Scailable Marketing Pty Ltd to place websites and other designs, along with a link to the client’s site on Scailable Marketing Pty Ltd own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Cancellation

In case of no response from the customer/clients end more than a 30 days period or long, then project will be cancelled without any notice or intimation to the client or customer and no amount will be refunded.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Scailable Marketing Pty Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Scailable Marketing Pty Ltd, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Scailable Marketing Pty Ltd.