Terms and Conditions
Copyright / Intellectual Property
Winning Media retain ‘in full’ the copyright and intellectual property rights unless specifically released in writing and after all costs have been settled. Copyright / IP would generally (but not exclusively) include any code, words, pictures, ideas, logos, artwork, concepts, and illustrations.
The client also agrees to allow Winning Media to place examples, along with a link to the client’s website on Winning Media’s own website for demonstration / publicity purposes.
Quotations / Estimates
Estimates are based on the information provided by the client. Estimates may be subject to change upon receipt of files, text or any other circumstances that may effect the project. Estimates do not (unless specified), generally, include couriers, outsourced artwork/photography/licensed images or other ‘out of pocket’ expenses, these will be additional. External services managed by Winning Media are subject to a service fee, payment of such fee may be requested prior to production. Quotations are only valid for up to 30 days from date of issue.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Winning Media validated by the client verbally, by signature or 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 client and Winning Media.
All jobs incur a project management fee. Project management would generally (but not exclusively) include services such as administration, research, briefing, managing external services, preparing estimates, variations or timeline management.
Acceptance of the estimate (either verbal or written) confirms the acceptance of our terms and conditions. Approval of artwork is required for every job. Artwork approved by the client in writing or verbally confirms acceptance of our terms and conditions, Winning Media, it’s staff and suppliers accept NO responsibility for errors or omissions overlooked by the client. Where Winning Media is requested to approve artwork on behalf of the client, the client agrees that Winning Media, it’s staff and suppliers accept NO responsibility for errors or omissions.
Copyrights and Trademarks
By supplying text, images and other data to Winning Media for inclusion, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Winning Media on behalf of the client, will remain the property of Winning Media and/or it’s suppliers. The client may request in writing from Winning Media the necessary permission to use materials (for which Winning Media holds the copyright) in forms other than for which it was originally supplied, and Winning Media may, at his discretion, grant this. By supplying images, text, or any other data to Winning Media, the client grants Winning Media permission to use this material freely in the pursuit of the design. The client agrees to fully indemnify and hold Winning Media free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
A project is complete upon receipt of the client Approval whether it be verbal, via a web based form, or a signed faxed/posted copy. External services such as printing, production, filmwork, etc either contracted on the clients behalf or project managed by Winning Media are considered complete upon receipt of goods and may be invoiced separately.
Alterations / Authors / Unquoted work
The client agrees that changes required over and above the estimate or work required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Winning Media holds no responsibility for any amendments made by any third party, before or after a work is completed. Upon completion of ‘digital’ projects ie website, apps, plugins etc, clients will be entitled to a 14 day ‘review period’ for testing. Any alterations noted after the ‘review period’ will be considered additional to the initial project scope and invoiced accordingly.
Any design, copywriting, drawing, idea or code created for the client by Winning Media, or any of it’s 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 Winning Media and any of it’s relevant sub-contractors.
Rights of Refusal
Winning Media will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Winning Media also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Winning Media does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Winning Media to remove the contravention without hindrance, or penalty. Winning Media is to be held in no way responsible for any such data being included.
All invoices are strictly 14 days from date of invoice unless otherwise stated. A deposit (up-to 60%) may also be required before the commencement of any project. Jobs that continue over an extended period of time may be invoiced progressively, normally at the end of each calendar month.
Any job/project that is cancelled either by the client or for any other reason, an invoice for any work or expenses completed up to that point will be issued. If a deposit has been provided the invoice amount for work-to-date will be deducted from the deposit (and a refund issued) or where the work exceeds the deposit paid the balance will be added to the final invoice.
Minimum project fee
A miscellaneous request for service that is not specific to a current job/project will result in a minimum charge of 1 hour for each request. A total for miscellaneous requests will be invoice at the end of each calendar month. Winning Media reserves the right to charge a loading for ‘rush’ requests which are imposed by the client (refer to ‘Late/Rush fees’ below).
All estimates prepared by Winning Media are based on the brief provided to Winning Media in a timely fashion in order to meet the deadline requested. Winning Media reserves the right to charge a loading for ‘rush’ deadlines which are imposed by the client. Work requested within a 72hr deadline may attract up to a 30% surcharge. Work requested within 24hrs may attract up to a 50% surcharge. Work requested within 8hrs may attract up to a 100% surcharge. The client agrees that Winning Media will NOT accept responsibility for errors or omissions or penalties due to late/rush jobs. Any penalty imposed by supplies for urgent work will be born by the client including a loading fee if applicable.
10% GST will be charged for all work unless stated otherwise. Suppliers should provide Tax Invoices which include their ABN or Winning Media will withhold 48.5% of payment as required under by the GST legislation.
Winning Media will not be held responsible for any and all damages resulting from products and/or services it supplies. Winning Media is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. Winning Media reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Winning Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Winning Media accept no responsibility of the performance or quality of sub-contractors, agents and suppliers or any consequential loss arising from their failure.
Our terms and conditions may be subject to review without notice. The most recent review of our terms and conditions supersedes any previous version.
Updated 1 January 2018