Terms and Conditions
These Terms of Trading apply to all work done by Far North Marketing and are to be read in conjunction with any estimates or proposals provided. They override any other terms and conditions and can only be changed by mutual agreement in writing.
Acceptance
By engaging our services you agree to be bound by these terms of trading. Engaging our services means accepting estimates or proposals to the extent that we perform agreed work for you. We cannot commence work until any estimates we provide have been signed and returned.
Right to refuse project
All estimates are provided to you without any obligation on our part. If, for any reason, we do not believe that we can carry out a project, we can (in writing) refuse the project at any time up to the date upon which you write to accept our estimate and for 7 days after that date. If you have made any payment to us prior to the date upon which we refuse the project, we will refund the payment to you in full less any reasonable administrative costs.
Right to re-cost estimates
Estimates are based on all stages of a project being accepted by you exactly as specified in the estimate. Any estimate we provide remains valid for 30 days from the date of the estimate. If (for any reason) you do not accept any of the stages, we reserve the right to re-cost the project and you will be bound by the new estimate. If you request changes or additional work (to that specified on the approved estimate), the project may need to be re-costed and a new estimate will be provided. The proposed delivery date will also be rescheduled to a suitable time agreed by both parties. If the project is cancelled or postponed prior to completion, you will be billed for the services and materials incurred up to that point. You are also responsible for increases in materials and third party services (eg. printers and bureaus) where the increases are beyond our reasonable control. 10% GST is additional to our estimates unless otherwise stated.
Our ideas
Any ideas or materials we disclose to you remain our property unless you purchase them. You must not use these ideas or materials without our permission (this includes showing or telling the ideas to another agency or supplier).
Intellectual property we create
Ownership of Materials and Intellectual Property:
All products, creative works, bespoke code, design concepts, unique campaign ideas, slogans, design themes, preliminary sketches, layouts, copy, artwork, production services and other marketing material (whether on paper, by email or in some other digital format) accepted by Far North Marketing, shall, upon you paying Far North Marketing in full for the relevant materials be your property, except to the extent that any intellectual property rights therein have been reserved by Far North Marketing or third parties engaged or employed by Far North Marketing.
Freedom to use Ideas and IP:
Far North Marketing may develop or use for other clients any ideas, concepts, source code, information or knowhow reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
Sometimes we contract work out to artists (such as freelance writers, photographers and illustrators) for a particular project. Often they may retain the copyright or other intellectual property to their work, and accordingly, only the artists themselves can transfer ownership in these works to you. If you want to buy copyright to such works, inform us of this in advance and we will negotiate for those rights on your behalf.
Use of third party intellectual property
We are not liable for infringement or unauthorised use of any intellectual property provided by you for use in the product/services supplied by Far North Marketing. You further agree by placing an order with us to indemnify us against all claims, proceedings, demands, costs and liabilities arising in connection with any breach of the warranties contained in this clause. If any dispute or claim is made in respect of any infringement or unauthorised use of intellectual property we may terminate the arrangements with you by notice to you and without any liability by us to you or any other person.
Indemnity
You agree to indemnify, defend and hold Far North Marketing harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
Time specifications
All specifications of time submitted during the production process or contained in the estimate are guides only. While we make every effort to follow them, we accept no responsibility if we are unable to do so.
We are not responsible for any problems caused by any insistence on delivery or performance earlier than we have estimated.
Delay in supplying raw material or returning signed proofs
We will usually consult with you to set estimated production schedules. To keep to these estimates, we may require you to provide us with material on which to work, (e.g. the text of a brochure) or return signed proofs within a specific time. If these are not received by the date we request that they be provided to us, we are entitled (at our discretion) to add the length of the delay to our production time.
Author’s corrections
Any corrections to the original copy, additional material (including photos) and amendments or additions after commencement of work are additional to the estimate. We are not responsible for badly written copy or incorrect information supplied. We are also not responsible for verbal requests for change, despite the extent of its simplicity. To ensure changes are done accurately and according to instruction, please put them in writing.
Website ownership
The client will have full ownership of the website once full payment has occurred. Once final payment has been made if our client decides to cease this agreement, you will be given all intellectual property and completed HTML code in relation to your website.
Licensed images
Copyright of photographic images, unless permitted in writing, is limited to the use of images in the product /services provided by Far North Marketing.
Checking material
We will normally have to rely on the accuracy of factual information you provide to us. Accordingly, you will need to check any raw materials (copy, designs, specifications etc) that are provided to us to make sure that, to the best of your knowledge:
(i) it does not infringe any copyright, trade mark or design
(ii) it is not in breach of confidence, misleading or deceptive
(iii) it is not defamatory or unlawful
(iv) all factual statements are true; and
(v) legal requirements for packaging or labelling goods are complied with.
We will process supplied material on the basis that you fully indemnify us against any breach of warranty made by you in these Terms of Trading. This indemnity continues after our agreement ends. It is important that you deliver the information to us in as final and accurate a form as possible.
Out-of-pocket expenses
Unforeseen out-of-pocket expenses (such as couriers, materials etc) are not included in and are additional to the estimate. We charge a commission on all out-of-pocket expenses (incl. film library images, printouts, illustration, photography etc) to cover administration costs. 10% GST is additional to the cost of these out of pocket expenses, unless indicated otherwise.
Third party supplies
We may advise you on or obtain for you goods or services from third parties. When you have approved an order for these goods or services you become responsible for their payment. Any claim you may have in relation to these goods or services (eg. quality) is directly with the supplier and not with us. Although you assume responsibility for the materials once they are delivered to you, you do not own those materials (such as printed materials or files) until you have paid us in full for their production. We have the right to repossess those materials and to prevent you from using them if you do not pay for them on time.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Far North Marketing has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. Far North Marketing does not guarantee the availability and uptime of Third Party Services. Far North Marketing is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Services.
Due to fluctuations in the US dollar and our aim to pass on affordable pricing to our customers, we reserve the right to adjust our fixed pricing on Third Party Services costs.
Samples of finished items
For our records, we retain samples of each finished product designed by us. Where this is not practicable (eg., signage on a motor vehicle) we will arrange for photos or representations of the works, at our discretion. We reserve the right to retain any samples of work we produce for you and show the samples, photos or representation of the work to further promote our services to the public at large (including on our website and in hardcopy form) and to enter such work in exhibitions or for publication in award annuals, magazines and competitions if you have not requested us beforehand, in writing, not to do so.
Payment
Bills representing work in progress may be issued monthly. You agree that payment of invoices must be made within 14 days of the date of the bill without any deductions or set-off. Unless all outstanding bills are fully paid, we reserve the right to: (i) not begin, continue or deliver any work; and (ii) retain any goods you supply to us and/or which have been produced for you. Unless agreed otherwise, paying within time is essential to us continuing or completing any further work for you. Projects will be billed in 2 parts: Deposit & Final Payment.
Payment in advance
We may require payment in advance before commencing any project or any stage of any project. We reserve the right to require a deposit on some work before it is initiated or completed, especially if the work involves significant out of pocket expenses or work for a new client.
Overdue accounts
For overdue accounts, upon our discretion we may charge you interest at 2% per month. You indemnify us for any legal costs (on a full indemnity basis) we incur as a consequence of any default by you of your obligations under these Terms of Trading.
Disputing invoices
If you dispute any invoice, you must notify us in writing within 14 days of receiving it.
Implied warranties
We give no express warranty in relation to the supply of our services to you and you acknowledge that you have not relied on any representation or warranty made by us or on our behalf. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. Further, to the extent permitted by law, if we become liable to you in any manner whatsoever for breach of warranty or for any other reason, then our liability is limited solely to the cost of supplying the services to you again or the payment of the cost of having the services supplied to you by a third party, whichever we elect.
Subcontracting
We may use subcontractors to perform any part of the work for you.
Law of agreement
The laws of Queensland, Australia apply to these Terms of Trading. Any disputes arising out of our relationship are to be dealt with by Queensland Courts.
General
If you have any questions regarding the Terms of Use, please contact Far North Marketing via our Contact page.
​
​