Terms and Conditions

These are the Terms and Conditions on which Point One Digital Pty Ltd ABN: 11660934743 (Point One Digital) will carry out work for you. They will apply each time that you ask us to do work for you, or carry out a Service. They set out our Services and what you can expect from us. Please read them carefully. It is a condition of your use of our Services that you comply with these Terms and Conditions.

These Terms and Conditions are subject to change without notice and may be superseded. Point One Digital may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.

  1. Prices do not include GST.
  2. Fees include all reasonable consumables.
  3. Couriers, art supplies and other auxiliary materials billed at cost, and are quoted as an allowance on each job estimate if applicable/foreseeable. 
  4. An estimate must be signed before any of the outlined work may commence.
  5. 50% of signed off estimates must be paid before work will commence.
  6. 25% of signed off estimates must be paid as a progress payment before work will be made live.
  7. 25% Balance paid within 30 days of final requirements being signed off.
  8. All quotes are estimates based on the information provided by the client and suppliers. Quotes are subject to change upon sighting of artwork, text or other circumstances that may affect the job. Quotes do not, generally, include couriers, out-sourced artwork/ photography/ illustration/ copy writing or other ‘out of pocket’ expenses, these will be additional. Quotations are only valid for 30 days from date of issue. 
  9. It is preferred that clients provide written acceptance of all quotes. Verbal acceptance will be confirmed in writing by Point One Digital. Work on any jobs will not commence without acceptance. Acceptance of the quotation will also be acceptance of our terms and conditions. 
  10. All invoices are strictly 30 days. An initial deposit on approval (50%) will be required before commencement. Jobs that continue over an extended period of time will be invoiced as they progress, normally every week. 
  11. Any jobs that are cancelled at the client’s request will be invoiced for any work or expenses completed up to that point. 
  12. All quotes prepared by Point One Digital are based on the work being provided to Point One Digital in a timely fashion in order to meet deadlines. Point One Digital reserves the right to charge a loading for ‘rush’ deadlines which are imposed by the client. Point One Digital will NOT accept responsibility for errors in rush jobs. 
  13. It is agreed that the fee for service shall be the cost estimates provided under the ‘time and cost estimate’ section of this submission, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified under the ‘items to be produced’ section of this submission, the client agrees to pay appropriate fees for the excess work. 
  14. Freedom to use Ideas and IP: Point One Digital may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you. 
  15. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Think, shall, upon you paying Point One Digital in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Point One Digital or third parties engaged or employed by Point One Digital. 
  16. Portfolio Rights. Point One Digital retain the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work. 
  17. Working Files and Copyright. Point One Digital own the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied working files, then this needs to be requested and we will supply a quote for this release. 
  18. Therein after Files and Copyright have been released to the client (clause 17), it is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission. It is agreed that Point One Digital hereby assign to the client, upon written confirmation of this submission, all rights, title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined. This granting of copyright does NOT extend to the use of design proposals submitted but not approved by the client for the work outlined in this submission. 
  19. It is agreed that employees or contractors of Point One Digital shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client. 
  20. Should the Client be in dispute as to the invoice amount or standard of services provided by Point One Digital Pty Ltd the Client must address said dispute with Point One Digital Pty Ltd immediately upon receipt of invoice. During any dispute, interest may be charged on any amount outstanding after 30 days from date of invoice at a rate of 12% per annum, and shall accrue daily until the outstanding balance is paid. 
  21. Point One Digital Pty Ltd reserves the right to discontinue the Services in cases where the Client has not made payment on outstanding invoices during the course of provision of the Services. 
  22. The Client shall indemnify Point One Digital Pty Ltd in full for all costs, losses either direct or indirect in any way incurred by the Client; and, where any such action by the Client causes loss or damage or liability of any kind howsoever to Point One Digital Pty Ltd in connection in any way with the Services rendered. 
  23. These terms and conditions shall be governed by the law of the state in which the Services are to be undertaken and the parties submit to the jurisdiction of the Courts of that State.