Dear Spirit Graphics Valued Customer,

We want to inform you that we have recently updated our Terms and Conditions in order to serve you better and ensure a secure and transparent online experience.

Please take a moment to review the changes to our Terms and Conditions.

By continuing, you agree to abide by the updated terms to use our services. If you have any questions or concerns, contact our customer support.

Thank you for being a valued customer of Spirit Graphics.

Spirit Graphics, is a partnership registered to T.P ROBINSON & W.L ROBINSON (ABN: 15 077 829 725)

PURCHASE ORDER T&Cs

Payment Terms:

Payment is due on or before the date noted on the Quote/Invoice. Failure to meet payment dates without prior arrangement will result in future invoices being on payment-up-front terms.

Initiation of Services:

Unless explicitly stated otherwise, the commencement of services, as outlined above, will occur upon the receipt of a written approval to proceed or purchase order. The issuance of said purchase order will signify acceptance of the provided quotation.

Additional Services:

This quotation is based on a reasonable estimation of the necessary time, considering the information furnished thus far. Any additional time required will be billed at the prevailing hourly rate of $120/hr +GST. Nonetheless, we shall provide advance notice in the event that such circumstances arise.

Delivery Charges:

The assessed delivery fee is contingent upon the prevailing rate charged by the designated courier service on the day of booking, and thus subject to potential fluctuations. We have provided an initial quotation based on a reasonable approximation derived from past interactions. Nevertheless, we retain the right to revise said fee prior to invoicing in order to accurately reflect the real cost incurred.

Artwork Review:

Please note that the Client bears the responsibility for verifying the accuracy of all details prior to granting approval of the artwork for printing or publication. It is strongly advised to thoroughly review the draft artwork provided, ensuring accuracy of phone numbers, addresses, names, spelling, and colours, as well as the veracity of all written statements. The client shall be held liable for the associated costs incurred as the result of errors, including but not limited to reprinting cost and revisional artwork services. By granting artwork approval, the Client hereby represents and warrants that all elements of text, images, or any other content incorporated in the artwork are either owned by the Client or that the Client possesses sufficient permission

Delivery Policy

Physical Goods

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via courier within 7 working days. However, certain products may take a little longer. If you wish to query a delivery please contact us at wendy@spiritgraphics.com.au.

Digital Products

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your digital material via email within an agreed timeframe. If you wish to query a delivery please contact us at wendy@spiritgraphics.com.au.

ABUSE POLICY & RIGHT TO CANCEL WEB HOSTING SERVICES

Spirit Graphics is committed to fostering a respectful and professional environment throughout its operations.

Spirit Graphics is committed to fostering a respectful and professional environment throughout its operations. We vehemently condemn all forms of abuse and strictly prohibit any instances of abusive behaviour, negative assaults, or non-payment of outstanding invoices by our clients.

Please be aware that Spirit Graphics reserves the right to terminate web hosting services with a minimum notice period of 4 hours in situations involving breaches of our terms or when it is deemed necessary to safeguard our services and the interests of our clients.
Instances warranting termination may include, but are not limited to, failure to settle outstanding invoices, engaging in attacks, threats, or making false accusations against Spirit Graphics or its affiliates. It is important to note that in such cases, no pro-rata refunds or compensations will be provided.

We emphasise the importance of adhering to our terms and maintaining a respectful relationship for the benefit of all parties involved. Spirit Graphics is dedicated to providing high-quality services within a secure and harmonious environment.”
Please review and ensure it aligns with your website’s policies and legal requirements before publishing it on your Terms and Conditions page.

Security Policy

Spirit Graphics uses the STRIPE Payment Gateway for its online credit card transactions. STRIPE processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using theSTRIPE gateway are secured payments.

  • Payments are fully automated with an immediate response.
    Your complete credit card number cannot be viewed by Spirit Graphics or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage withinSTRIPE bank-grade data centre, further protecting your credit card data.
  • STRIPE is an authorised third party processor for all the major Australian banks.
    STRIPE at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Spirit Graphics.

For more information about eWAY and online credit card payments, please visit www.STRIPE.com

GRAPHIC DESIGN TIME

Graphics Design Time Billing

In order to ensure transparency and clarity in our billing process, we would like to bring to your attention our minimum charge policy.

As of [January 1st 2023], we have implemented a one-hour minimum charge for all graphic design and website design services provided by our team. This minimum charge covers the time spent on various aspects of the design process, including but not limited to:

  • Design Time: This encompasses the actual creation and manipulation of design elements using Adobe programs.
  • Communication Time: This includes the time spent in email correspondences and discussions with the client, both preceding and following the clock turnover in our Adobe programs.
  • Brainstorming: We allocate time for creative brainstorming sessions to ensure the development of innovative and effective design solutions.
  • Negotiations: Time spent in negotiations with the client regarding design concepts, revisions, and any other pertinent discussions is factored into the overall design time.
  • File Saving: The process of saving and organising design files is included in the minimum charge to uphold the integrity and accessibility of project assets.

We believe that this policy will provide a comprehensive understanding of the value and effort invested in delivering high-quality design services. Please feel free to reach out if you have any questions or if you require further clarification regarding this policy.

The Spirit Graphics Team

Design IP Policy

Spirit Graphics owns the Intellectual Property to all design work created and all resources used to create the design work.

Native files are generally not turned over to the Client. However, if required, a flat rate release fee of $350+GST per document applies to all requests for native files and packaging of  embedded links. Spirit Graphics reserve the right to change this cost at any time. Files will be release upon receipt of payment.

Australian Law on IP Created by Contractors

Contractors (including advisors and consultants) are often engaged to create a wide variety of new materials, including business plans, marketing plans, training manuals, information manuals, technical guides, software, websites, designs, drawings, research reports, databases and logos for an advertising campaign.

Both parties (hirer and contractor) should take care when entering into an agreement to adequately address the ownership of IP. For example, if the contractor presents a number of distinct designs or logos, and the company accepts only one, then who owns the IP rights over the remaining options?

If you wish to own the source files to any artwork/design work produced by Spirit Graphics please request an agreement in writing before work commences. Where a source file is requested without an agreement Spirit Graphics will quote a release fee and advise what source file are available. Availability of a native/source file remains at the discretion of Spirit Graphics until such written agreement between the client and Spirit Graphics takes place.

In Australia, the IP created by a contractor is by law considered the property of the contractor unless otherwise stated in the contract.

Refund & Returns Policy

Online Advertising Subscriptions

If for any reason you are not completely satisfied with your online advertising service you may cancel your subscription in writing at any time with no further payment required. We do not provide retrospective refunds for advertising services already provided. If you cancel or suspend your subscription before the 12 month period your website may be suspended until subscription is re-activated.

Physical Goods

If for any reason you are not completely satisfied with your goods we offer a 30 day money-back guarantee from the time you receive the goods. Please email us at wendy@spiritgraphics.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems.

This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre pay all postage. You assume any risk of lost, theft or damaged goods during transit, so we therefore advise you take out shipment registration of insurance with your postal carrier. Spirit Graphics will not be responsible or parcels lost.

Digital Goods/Website Transfers

There is no refund offered for intangible or virtual items such as logo design packages.

If you require a complete package of your website to transfer to another web hosting provider, an archive and release fee of $150 +GST is applicable.

DISCLAIMER

Disclaimer Clause: Spirit Graphics Website Hosting Service

Spirit Graphics, hereinafter referred to as “the Company,” provides website hosting services to clients, hereinafter referred to as “the Client.” By utilizing our hosting services, the Client acknowledges and agrees to the following disclaimer:

Content Responsibility:

The Company shall not be held liable for the accuracy, legality, or appropriateness of any content hosted on the Client’s website. The Client is solely responsible for ensuring that their website content complies with all applicable laws and regulations.

Online Products and Services:

The Company is not responsible for any digital or tangible products or services offered, sold, or promoted on the Client’s website. The Client assumes full responsibility for the quality, delivery, engagement, and collection of payments related to their products and services.

Delivery of Products:

The Company is not liable for any issues related to the delivery of tangible products sold or advertised on the Client’s website. The Client is responsible for ensuring the proper fulfillment and delivery of their products.

Engagement and Interaction:

The Company shall not be held responsible for any engagement, interaction, or transaction between the Client and their website visitors or customers. The Client is solely responsible for managing user interactions and addressing any disputes that may arise.

Collection of Content:

The Company is not liable for the collection, storage, or handling of any personal or sensitive information collected through the Client’s website. The Client is responsible for complying with data protection laws and ensuring the secure handling of user data.

Indemnification:

The Client agrees to indemnify and hold the Company harmless from any claims, damages, or liabilities arising out of the content, products, or services offered on their website.

By using Spirit Graphics’ website hosting services, the Client acknowledges that they have read, understood, and agreed to the terms of this disclaimer. The Company reserves the right to update or modify this disclaimer at any time without prior notice. However, in the majority of instances, we will make efforts to notify you of any modifications. We encourage you to regularly review our updates every month.

Website Related Policies

Project dormancy

We understand that sometimes life happens, and you may need to pause work on your project with us and that is completely acceptable if we are notified and made aware of your situation.

If your project goes more than 60 days without any forward progress or significant activity from your end, and no prior arrangements have been made with us and agreed to, your project will become Dormant. This means we put the project on hold and all associated files will be archived. Once your project has been archived, a reactivation fee of $120 +GST is required restart your project.

If your project remains inactive for an additional 60 days past the 60-day dormancy period (120 days total) with no significant forward progress made, milestones reached, or prior arrangement in place, our engagement will expire, no refunds will be available, and you will forfeit all deliverables associated with this client agreement.

Website Content

Unless otherwise agreed in writing, the Client will provide all written and illustrative content. You are responsible for proof reading and approval of all such content, and Spirit Graphics takes no responsibility for any factual, literal or grammatical errors which are published when the site goes live.

Copyrights and Ownership of Website Content

The Client guarantees that all elements of text, images, or other content it provides, are either owned by the Client, or that the Client has permission to use them.

When the final payment is made, copyright of the design, graphics, and other visual elements is transferred to the Client. You will also own all of the content, images, and media provided, unless someone else already owns them.

Portfolio Inclusion

We love to show off our work and share what we have created with other people. So we reserve the right, unless you specifically object, to display and link to your website as part of our portfolio and to write about it on websites, in articles, or make reference in any other marketing promotions.

Website Warranty

A 30 day warranty is included for websites created by Spirit Graphics, that begins the date the website is live. The warranty provides assurance that the website software will meet all functionality requirements as outlined in the scope of work and covers reported bugs (programming errors) that exist in the original codebase upon go-live. Bugs reported within the warranty period will be fixed at no additional charge.

We will not be held responsible for any user caused errors or those that arise from third party software, or circumstances outside our control. The internet is a fluid and rapidly changing environment so we are not responsible, for updating and adjusting approved/completed designs due to specification changes with any third party platforms such as social media platforms, WordPress plugin updates, your email marketing provider, etc.

Spirit Graphics does not warrant that the website will achieve any particular result or results.

Client Cancellation

If, at any stage, the Client is not happy with the direction our work is taking, you’ll pay us in full for our time and for everything we have produced up to that point, as dictated by our records, and cancel the contract. Deposits paid are nonrefundable, regardless of when the project is cancelled.

THIRD PARTY PLUGINS TERMS AND CONDITIONS

These terms and conditions (“Terms”) outline the understanding and agreement between Spirit Graphics and the website owner regarding the use of third-party plugins on the website. By engaging Spirit Graphics’ services, the website owner acknowledges and agrees to the terms stated herein.

Third Party Plugins

Spirit Graphics is not liable for the support, setup, configuration, or execution of third-party plugins that collect subscribers, capture email addresses, or deliver ebooks, digital downloads, teaching tools, webinars, or any other content aimed at the growth of the company.

Responsibility of Website Owner

The website owner is solely responsible for the setup, execution, and configuration of both unpaid and paid plugins on their website. This includes but is not limited to, ensuring the proper functioning of plugins that collect subscriber information, capture email addresses, and deliver digital content.

Activation and Updates

Spirit Graphics is responsible only for checking the activation status of third-party plugins and ensuring they are updated on a regular basis. This responsibility is limited to verifying that the plugins are activated and running the latest available versions. Any issues arising from plugin updates or changes are the responsibility of the website owner.

Liability Limitation:

Spirit Graphics shall not be liable for any damages, losses, or liabilities arising from the use, misuse, or malfunctioning of third-party plugins. This includes but is not limited to, any impact on the collection of subscriber information, email delivery, or the functioning of any features associated with these plugins.

Indemnification:

The website owner agrees to indemnify and hold Spirit Graphics harmless from any claims, losses, damages, or liabilities arising from the use of third-party plugins, including any legal expenses incurred.

Communication and Updates:

Spirit Graphics will communicate with the website owner regarding the activation status and updates of third-party plugins. It is the responsibility of the website owner to respond promptly to any communications regarding plugin updates or issues.

Termination of Services:

Spirit Graphics reserves the right to terminate services if the website owner fails to comply with these terms or if the use of third-party plugins poses a risk to the security, integrity, or functionality of the website.

8. Governing Law:

These terms and conditions are governed by and construed in accordance with the laws of Western Australia, and any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Western Australia.

By engaging Spirit Graphics’ services, the website owner acknowledges that they have read, understood, and agreed to these terms and conditions.

Payment for Websites

Deposit

A deposit amounting to 50% of the total quoted amount is required before work commences. An invoice for this will be issued upon acceptance of the quote.

Balance

The balance (remaining 50%) is due before the site goes live, or 60 days from the deposit payment, whichever comes first. An invoice for this will be issued in the days before it is due, so as to allow you time to process payment.