Terms & Conditions

Handstand Graphics Terms & Conditions

(last updated 26/11/2024)

By authorising Handstand Graphics to commence work, you agree to the following terms and conditions governing your use of all Handstand Graphics services (the “product” and/or the “service”).

The terms “design” and/or “project” refers to any product or service of Handstand Graphics (also referred to as “we”, “us” or “our”) intended for any visual medium (print reproduction, website use or other).

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not agree with these terms and conditions, you must not proceed and may not use the service.

General Terms

1. All prices include GST unless stated otherwise and are in Australian Dollars. All prices are subject to change without notice.
2. Delivery of goods is not included unless stated otherwise.
3. Any additional content, jobs or projects that may arise beyond any agreed quotation will incur extra costs. Any additional costs will be supplied for your approval before proceeding.
4. When you provide Handstand Graphics with your name (or alias), e-mail address, mailing address, or telephone number, and you do not ‘opt out,’ Handstand Graphics representatives may use the provided information to alert you to special offers, updated information, events, new services, and other Handstand Graphics information thought to be valuable to your business.
5. Handstand Graphics does not offer or allow the selling of any user-provided information to third parties.
6. The scope of work and prices contained within all quotes are valid for 30 days from date of receipt unless stated otherwise.
7. These Terms & Conditions are subject to change without notice.
8. The Client does not hold Handstand Graphics responsible for any liability, loss or expense suffered by the client as a direct or indirect result of any project(s) pursued by Handstand Graphics.
9. It is the clients responsibility to ensure all content is correct before approving projects.
10. A ‘Confidentiality Agreement’ will be supplied for sign-off where required to ensure peace of mind for both parties in regards to privacy of business operations, information and/or intellectual property.
11. Where travel expenses are incurred, a Travel Expense form will be provided with a Tax Invoice for re-imbursement within 7 days unless stated otherwise.
12. To reduce the project hours and hence reduce your costs, it is recommended that you provide as much information and documentation as possible at the beginning and throughout the engagement of Handstand Graphics services.
13. If Handstand Graphics has not received communication/instruction from a client with regards to an active project for a period of 30 days or more, the project will be placed “on hold” and an invoice for “work to date” may be issued to cover working hours.
14. If a project is cancelled, you will be invoiced for the working hours to date. If a deposit has been paid, Handstand Graphics may or may not offer a refund based on the level of completion of the project at the time of cancellation.
15. On completion of any design, print, multimedia or website project, you license Handstand Graphics to use the project(s) being quoted in its promotional/marketing materials (eg. Portfolios, brochures, etc) with goodwill intended for both parties.
16. Handstand Graphics will endeavor to meet all timelines/deadlines, when specified and agreed to at the outset of a project / approval of a project quotation. Handstand Graphics will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines if the client has not responded to requests for information / feedback etc within a reasonable and timely manner that would have allowed Handstand Graphics to action the requests within a reasonable time frame.
17. Handstand Graphics does not release the working files for a project unless it is agreed to at the start of the project. If files are requested after the project has commenced a release fee will be charged.

Terms for ‘Design’ Projects

1. A deposit of 50% must be received prior to commencement of all Design projects unless stated otherwise.
2. All Design projects remain the property of Handstand Graphics until all outstanding accounts are paid in full.
3. All ideas, concepts, designs shown to you remain the Copyright © of Handstand Graphics unless a transfer of ownership has been agreed upon, an Artwork Approval Form is completed and final payment received.
4. All ideas, concepts and designs presented during the “development” stage(s) of a project, and which are not related/derivatives to the final project delivered, remain the property of Handstand Graphics and may not be reproduced/distributed in any form.
5. A completed Handstand Graphics Artwork Approval form must be signed and received by a Handstand Graphics representative before delivery of any Design project goods and/or before artwork is sent to be printed.
6. Once you have signed the Handstand Graphics Artwork Approval form for a Design project, by receipt of these terms and conditions, you acknowledge that the project in question is final and complete and any further changes will be treated as new ‘projects’ with different prices and completion dates.
7. Handstand Graphics do not take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Terms for ‘Printing’ Projects

1. All monies for Printing projects must be paid upfront and in advance in order for Handstand Graphics to proceed with printing.
2. Whilst all care is taken in checking Handstand Graphics files for errors that may reduce the quality of your project, Handstand Graphics accepts no responsibility for files that have spelling or grammar errors so please check before approving artwork.
3. Handstand Graphics will not be held liable for any Printing projects that are delayed.
4. Handstand Graphics accepts no responsibility for colour variation/representation for files that have not had a digital proof supplied by Handstand Graphics through the particular print supplier.
5. Handstand Graphics representatives do their best to maintain consistent Print colour however, Print colour may vary slightly, from reprint to reprint, from stock to stock, from front to back, from project to project and between different printing processes.

Terms for ‘Web’ Projects

1. The website, graphics & any programming code remain property of Handstand Graphics until all outstanding accounts are paid in full.
2. Handstand Graphics cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3. Whilst every endeavor will be made to ensure that our website projects and any scripts or programs are free of errors, Handstand Graphics cannot accept responsibility for any losses incurred due to malfunction, the website files or any part of it. Therefore, the look of the website designs and functionality on test URLs should be checked carefully before project approval and sign off.
4. All websites will be hosted externally with a third party supplier. You may nominate your own hosting company, or accept the recommendation offered by Handstand Graphics. You will be bound by the terms of the third party hosting company terms and conditions for the option you nominate. All contractual relationships for web hosting are strictly between you and the third party hosting company you nominate. Therefore, Handstand Graphics cannot be held responsible for any loss of business due to downtime or outages as a result of any failure by the hosting company nominated by you. For further information regarding these situations please refer to the terms and conditions of the third party hosting company you have nominated.
5. If you have chosen Handstand Graphics to setup your domain name & web hosting, every endeavor will be made by Handstand Graphics to ensure security of your domain name & website hosting login and password details incl. domain password, ftp, email accounts, domain admin password, and more, however, Handstand Graphics holds no responsibility for any losses caused as a result of setting up these items.

Copyright of Designed Material

All artwork produced by Handstand Graphics will remain the property of Handstand Graphics until the complete payment for the project has been received. You are not to use any design material, concepts, or artwork given to you during a project, or recreate these artwork and concepts until the full amount owing for the project has been paid. Upon full payment, the client may use the final artwork produced in accordance with the purpose for which is was created. Handstand Graphics owns the copyright of all artworks produced, unless it has been agreed that the ownership is to be transferred to the client, and all fees are paid in full.

For further information on copyright please visit the Australian Copyright Council’s website:
www.copyright.org.au