Terms & Conditions
Below are Benn Graphics (BG, Benn Corp Pty Ltd, Benn Web Design & Marketing, Richard Benn, we, us, the designer) standard terms and conditions. It is vital that you (The User, The Client, client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with BG. Please also note that from time to time MYD may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document. As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this site without our express prior written consent.
All communication is conducted via email, Skype and Dropbox. Phone calls can be requested.
Commencement Of Work
These Terms and Conditions govern your access and use of the Benn Graphics website. By accessing or using the Benn Graphics website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Benn Graphics website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. Agreement to work with, and submission of a design brief and payment of deposit to Benn Graphics constitutes agreement to these terms and conditions.
“The Client” agrees to pay upfront of the quoted amount to commence any design project via our eCommerce facilities. 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. BG endeavors to provide graphic 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”, monies paid are forfeited and “The Client” may be charged for additional time.
“The Client” agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for “The Client” by “Benn Graphics” during the course of this project (quantity to be specified by us).
BG shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of BG including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Fees For Service
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. Wherever possible the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Project Proposal 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.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, 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 “Benn Graphics” 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 client terminates the contract, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by “Benn Graphics” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
It is agreed that “Benn Graphics” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall Benn Graphics 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 Benn Graphics 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 Artwork
While Benn Graphics takes all care to avoid errors, Benn Graphics accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” is 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.
Print Returns & Refunds
It is agreed that Benn Graphics 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 either verbally or in writing), committed to print or posted in view of the public. BG will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify BG 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 BG 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.
Print – Colour Variations
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 Benn Graphics.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to BG. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
If a project is cancelled by Benn Graphics, due to unforeseen circumstances, the monies paid will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the BG.
It is agreed that employees of “Benn Graphics” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Amendments To These Terms & Conditions
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorised representative of “Benn Graphics” prior to the commencement of work outlined in this submission.