These terms and conditions apply to the provision of the marketing product(s) and or/service(s) (“marketing services”) by NPA Projects Ltd ABN 62 605 946 987 (“us”, “we” or “our”) to the client named in the quote (“you” or “your”). “Marketing services” includes any products such as brochures and other printed material, videos, marketing suites/displays we supply in connection with the provision of the marketing services.

1. Agreement:

The quote and these terms and conditions constitute the agreement between you and us for the provision of the marketing services set out in the quote.

2. Timing:

We will consult with you to set estimated times for the provision of the marketing services. We will make every reasonable effort to keep to these estimates, but no responsibility or liability is accepted if we are unable to do so. We may require you to provide additional information on which to work (including, but not limited to, architect plans and elevations in CAD format) or return marked up drafts, within a specific time frame. If not received by the specified time, we are entitled to add to the estimated times at our discretion. If a shoot or edit in connection with providing the marketing services is booked and cancelled within 24 hours, any additional costs we incur as a result of having to reschedule the shoot or edit are payable by you.

3. Payment:

Credit terms are strictly 14 days from the date of the tax invoices we send to you. If you fail to pay an amount when due, we may charge interest calculated on a daily basis at the rate of 2.5% on the unpaid amount and/or cease production of the marketing services and /or take possession of any products we have supplied. You agree to indemnify us against any loss or expense (including, but not limited to, legal expenses) we incur in recovering overdue payments or retaking possession of any products we have supplied.

4. Out of pocket expenses:

Unforeseen out of pocket expenses (including, but not limited to, couriers) are not included in, and are additional to, the costs set out in the quote. We charge a fee of $40.00 plus GST on all out of pocket expenses to cover administration costs.

5. Materials:

Unless otherwise agreed in writing, you will supply all text for graphic production in the correct case and font. Footage supplied by third parties for inclusion in the marketing services will incur a download / conversion cost based on time.

6. Variations and additions:

We have provided this quote in accordance with the project details you have specified. Any request you make to vary the marketing services set out in the quote or to provide additional marketing services to those set out in the quote must be made in writing and is subject to our written agreement before we carry out your request. An additional charge of $180 per hour will be incurred for changes made after the main edit.

7. Intellectual property:

We own all the intellectual property in the marketing services we provide to you or on your behalf including, but not limited to, preliminary proposals, scripts, ideas, drafts and any artwork and productions created in the course of developing the marketing services. You are given an exclusive licence to use any marketing services we produce for you so long as you have paid all amounts you owe us in full. You may not use the marketing services we provide for any purpose other than for the purpose for which they were originally created, without our prior written agreement.

8. Limitation of liability:

We are not liable to you for any direct or indirect, consequential, special or economic loss or damage including without limitation loss of data, time, revenue, contracts, goodwill, or failure to provide or loss of the marketing services for any reason (including fire, theft, damage or adverse weather conditions), or third party claim or punitive damages whether in contract, tort (including negligence), statute or otherwise arising in any way from or in connection with the provision of the marketing services set out in the quote or otherwise resulting from any act or omission on our part.

9. Indemnity:

You warrant that the use by us of any materials (including, but not limited to, all texts and images) you provide to us for use in, or in connection with, providing the marketing services will not infringe the intellectual property rights of any third party. You agree to indemnify us against any damage, loss, cost or expense (including legal costs and expenses) of whatever nature or description arising from the infringement of the intellectual property rights of any third party contained in your materials.

10. Archiving:

All computer files and other materials associated with marketing services are kept for one month from the date of completion of the project. We are not liable if files or materials are corrupted. The fee for retrieving computer files and other materials from the archive is a minimum of $120.00 plus GST. Any costs associated with the delivery of these files and materials will be added to the fee.

11. Entire agreement:

The quote and these terms and conditions constitute the entire agreement between you and us. It supersedes any prior discussions, negotiations, undertakings, arrangements or representations in respect of the marketing services.