Big Bold Branding's Standard Terms and Conditions
By accepting a quote offered by Big Bold Branding (BBB), doing business with BBB, purchasing an item advertised on our website, accessing, browsing our website, you acknowledge, accept and agree to the terms, conditions and disclaimers here in as amended from time to time. BBB may amend these Terms and Conditions from time to time and any amendment will become effective immediately. Your continued use of BBB and our websites after amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended. BBB does not enter into oral agreements and relies on written agreements only.
1. ARTWORK AND COPYRIGHT:
Artwork is not your logo or a design concept. All jobs need to be prepared for printing and cutting to the size and specifications set for each type of job including the media size it is being printed. This is a four stage process of (1) concept; (2) design; (3) graphic art production; and (4) print ready files including breakdown to print, media and technical inclusions, which may include cut lines, bleed, contours, keyline outlines, step and repeat layouts. We welcome design concepts from clients, however if we have quoted on a ‘print ready basis’ this means that you are supplying the end files completed to stage 4. Additional works required to create complex job specifications or teach you this process, prepare, review or correct files will be quoted and charged. FAQs and artwork guides and specifications set out herein form part of these terms and conditions.
Timing: Where we are producing the artwork, it is of the utmost importance to approve artwork as soon as possible to meet delivery dates. If approvals are delayed, rush charges and/or expedited freight may be required at the customer’s expense to meet a specified delivery date.
Accuracy: It is the responsibility of the client to check all proofs and ensure accuracy. This includes and is not limited to design, spelling, numbers, grammar, illustrations, images and product information. The proof approved by the client is the final artwork submitted for printing or finalisation and there will be no reprints nor remedy by BBB at our expense. The client has the option to request another copy if the proof is difficult to read or changes are required.
Changes and Additional Works: Additional costs will be incurred if there are further changes exceeding the original artwork provided, plus one additional proof. This includes, but is not limited to changes mentioned outside of the original design brief first quote or additional works added as the job progresses.
ARTWORK GUIDELINES – SUPPLYING YOUR OWN:
File Formats: Export your production quality (vector) source file into an editable, high resolution PDF (Portable Document File), and provide a proof file as a .JPEG These file formats are universal file formats, which help to ensure compatibility with our systems. Other file formats we can accept are high resolution from vector files: JPEG, TIFF, AI, PSD, CDR. Where there is pixilation, low resolution, import incompatibilities or additional set-up required, then set-up fees may apply. We do not accept the following file formats: Microsoft Office (Word, Excel and Powerpoint) & Works (WPS), Microsoft Publisher, GIF, BMP, PNG, SVG, PICT, MIX & PCX, Visio, Canva or VistaPrint file documents which have inherent problems.
Fonts: Convert all fonts to curves, and submit the file fonts to us.
Colours: Convert all colours to CMYK mode. All our production equipment is based on a CMYK process and RGB colours may not convert properly. To ensure colour matches for “colour critical” print jobs, we can provide a colour proof on the desired media. This service does require a booked production proof process and service fee. BBB does not guarantee colour matches, nor warranties any colour reproductions of customer supplied art files unless the customer engages in and pays for a production proof process of their file and approves same.
Remove Layers: Flatten all layers and transparencies. Some design programs such as Photoshop or Corel use a layer system and sometimes these layers do not import correctly.
Resolution: Set your resolution for at least 300dpi.
Photos: All JPEG/JPG files must be supplied at high quality and at 300dpi. For digital camera photos, please use the highest quality setting the camera can take. Submit the original unmodified file to us. We do not recommend using compression when saving JPEG/JPG files.
How to supply files: Files can be supplied on USB, email (below 20mb), or downloaded from a FTP or as arranged.
Backups: BBB does not provide a backup service for client files. Clients need to keep their own files and records.
Customer Responsibility: When supplying print ready artwork, please ensure you supply an accurate printout of the layout if supplying on usb, or a low quality JPEG/JPG or PDF file if supplying via email. Final responsibility for the quality and suitability of all electronic files rests with the customer or their agent/designer. BBB will not accept or process files that are not compatible with its production environment or those indicated on this document. Electronic artwork supplied using incorrect file formats or construction methods will be returned to the customer for correction..
If your artwork requires extensive work to bring it to specification, or changes are made through the job, an addition works fee of $105 per hour will be charged. If you do not have, or would like one of our qualified graphic designers to create it for you, our fee is $105 per hour. We are fast, efficient and know our stuff, so please note this rate is not about the dollar, but about the value.
BBB also does not provide a free storage system for clients. When producing a logo, the file formats that were are included in the quote are sent to the client on completion of the job to maintain on their own system. Regeneration of works and files will be charged. BBB will hold files until the project is finished, including reorders, plus an additional period of twelve months. No files are released where there are monies outstanding and BBB has terminated the relationship.
BBB relies on and is governed by the Australian laws on copyright set out in The Copyright Act 1968 and is a member of the Copyright Agency Limited in Australia. A fundamental feature of copyright is that it protects forms of expression of ideas and information, but not the ideas or information themselves, ie it is the image used to describe an idea, for example, that is protected, rather than the idea. Therefore having an idea for a design does not grant you copyright. Copyright isn't "all or nothing" - the rights that make up the copyright can be owned by different people and can be dealt with in many different ways.
All artistic works, layouts, templates, designs, artwork, copy, trademarks, photos, illustrations, graphics, shapes, symbols, logos, brand elements and design elements (‘artwork assets’) of or by BBB remain the property of BBB. Copyright granted to a client in a work is not automatic and should not be assumed. When we work for a client, we provided skilled services, and produce assets. Some artwork assets we retain copyright in and use across multiple templates and clients. BBB has an extensive library of standard artwork assets and templates created over 40+ years that are designed for multiple use. We do not charge a fee for use of these assets, however, use of these assets does not grant copyright to the client. Inclusion and use from these library assets reduces the price of the final product to the client and is a benefit to the client in working with BBB.
Exclusive rights to a client: Exclusive rights to artwork assets will be reflected in a higher charge to the client. So there is no misconception on copyright ownership, where this is granted to the client, BBB will confirm this in writing, on an item by item basis. For example, Brand Identity Style Guides are unique logos and brand elements prepared exclusively by BBB for a client, and have an inclusion statement on copyright transfer to the client, which takes effect on full payment as stated above. Where no written confirmation is issued in writing by BBB, BBB retains the copyright.
Exclusive Licence: Where you find a artwork asset of BBB that you would like to use exclusively, please contact us at firstname.lastname@example.org to negotiate the fee, term and rights of the exclusive use licence. A formal written contract will be entered into and will be effective on signature by both parties and payment of the fee.
Where copyright is not transferred to a client: As detailed above, including preliminary designs, concept works and finalised designs that have not been charged for by BBB, or final payment made in full by the customer are not included in any copyright transfer. Any assets, including underlying works, undertaken without charge to the client by BBB will not transfer. BBB artwork assets are not included in any copyright transfer. The BBB logo, BBB illustrations, BBB design elements that may be included in a design, artwork , Brand Identity Style Guide, concept works, proofs or sponsorships are not included in any copyright transfer. BBB also is an API partner or subscriber of various stock file agencies (‘stock agencies’) where stock assets are purchased by BBB for use in a client’s project or design and are subject to the licences of those stock agencies that includes certain restrictions including ‘non-transferrable’ use of these materials to a client (ie able to be used for the production of that design or a product by BBB). View licence terms at: Adobe, IStock, Shutterstock, StockPhotoSecrets and GettyImages or request details from email@example.com. Unlawful use of these artwork assets by the client is strictly prohibited. The use of artwork assets prior to payment to BBB is illegal.
BBB retains the right to utilise artwork and all design elements for portfolio/self-promotion unless disclosed by the client not to use artwork prior to use. Any use of images or any material on the BBB website or any catalogues without prior written consent of BBB is prohibited.
Rights to use rejected designs: Where BBB puts forward a number of design options, BBB retains copyright in the rejected designs. The client is responsibile for payment of works performed when engaging BBB, regardless of whether the client decides not to use it.
COPYRIGHT COMPLIANCE BY CLIENTS:
It is the client’s responsibility to ensure that all assets, underlying works, client files supplied and text submitted to us does not violate Australian copyright laws. BBB assumes all written and visual content adheres to copyright laws and the client has sought all necessary permissions, clearances and/or royalties paid for use, and the client indemnifies BBB in all instances in this regard.
Big Bold Branding ("BBB") reserves the right to ship via the carrier of their choice. Orders will be left on an "Authority to Leave" basis, and it will be left at your doorstep even if no-one is around to receive it. Please note in this case BBB cannot be held responsible for lost or damaged deliveries after they have been dropped off. The customer is responsible for all shipping charges an changes in shipping instructions must be made in writing and confirmed in writing by BBB in time to change the shipping arrangement (at least 3 working days prior to the shipping date). BBB will not be responsible for delays or additional charges for any unapproved changes.
Customer is responsible for any additional freight charge caused by address changes, residential service, re-routed package, returned packages and/or other adjustments made by the carriers. Please note, during the wet season, deliveries to Northern Territory and Northern Queensland may be affected by adverse weather conditions. In this event, deliveries may take longer than our usual time frame.
Since March 2020 couriers have had delivery timeframes that have varied substantially due to high demand times. Please allow sufficient time to allow for these variations and fluctuations when ordering.
Extra charges in shipping apply to:-
Insured shipping: Orders are not insured unless requested on the purchase order in writing. Where insured shipping is required, this is at an additional cost and will be billed to and paid by the customer prior to shipping.
Oversize Shipping: Certain items offered require oversize shipping. Free shipping online refers to standard small parcel shipping. Where oversize shipping is required, this is at an additional cost and will be billed to and paid by the customer prior to shipping.
Urgent or expedited shipping: BBB reserves the right to vary shipping carriers at the customer’s expense in order to meet the customer’s in hand date.
Postal Delivery Addresses: To ship via Australia Post Service will require an additional 2 business days (at least) and an additional fee of $30.00 plus postage.
Truck Transportation: Where bulk orders or oversize orders require transport by truck, these are made at the customer’s expense.
Redelivery charges: Orders are shipped on a “authority to leave basis”. If customer requests a person to person delivery this is at an additional charge, and where not available to receive the parcel and a redelivery charge supplies, this is at an additional charge.
3. SIGNAGE SPECIFICS:
Where electrics are required by a customer (usually for signage or installations), prices do not include connection to mains or other power. BBB does not take responsibility for electrical connection of any signage. A licensed electrician is required to carry out any work in this matter.
INSTALLATIONS: Where installation is required (usually for signage or fit outs), prices are subject to final site conditions and measures. Please note that if any speciality access or equipment is required an extra charge will apply. Council approvals, body corporate compliance or centre management requirements, compliance and/or inductions are the customer’s responsibility and any such works or inductions required at the customer’s cost. BBB acts only under the instructions of the customer, and any special requirements by any governing body or associate of the purchaser must be sorted by the customer. Where extra works are required and undertaken, the costs for same will be added to the final price.
PREPARATON AND REMOVAL OF OLD SIGNAGE:
Where quoted, prices are subject to clean, viable and prepared substrates. Where removal of existing signage is quoted above, this an estimate only. Removal times can vary substantially depending on the condition of existing signage and substrates. Where quoted, an allowance for time will be given. If the removal is discovered to be difficult and extra time is required, this will be advised to the client and the costs for same will be added to the final price.
STANDARD TIMES FOR SIGNAGE INSTALLS: Quotes and prices for signage installs are based on a standard business hour install time. If any special requirements, urgent delivery or out of hours works are required, then the price will be adjusted accordingly.
AUTOMATIC PROCESING YOUR PRINT FILES:
If you supply your own file we will print it as supplied. Client supplied files are automatically processed. We do not individually check all supplied files, but use automated processes. Supplied RGB and Pantone files are automatically converted to CMYK using fixed values. If you do not have the correct software or technical ability to upload correctly prepared PDF files for offset or wide format printing, then the quality of the job will directly reflect the quality of the file submitted. If your artwork is not set up correctly, the colours incorrect, then that responsibility rests with you. All supplied artwork remains the responsibility of the customer. BBB will not accept responsibility for customer supplied files, out-of-spec artworks or errors on your end.
BBB does not warrant that the website or any products or services advertised on the website will be available or will meet a customer's requirement. Inventory stock is on a first come first serve basis. Some items are high demand items and in the event that stock runs out, we will contact the customer immediately to advise. The customer will then have a choice of waiting for the stock to come in. If not proceeding at that point in time, BBB will immediately refund the amount paid.
CATALOGUE AND WEBSITE IMAGES:
The artwork, designs, photography and trademarks imprinted on the products in our catalogues and website images are reproduced only as examples of the type and quality of products available. Where decoration is shown, this is an example of the type and position only. Products shown may vary slightly from actual products due to inherent limitations in photography, film separation, printing and computer monitors.
If changes to the job/works are made that are different to a quote, BBB reserves the right to addend or adjust the quoted price to reflect the changes.
Colours of materials, ink and media used will be the nearest commercially available to that selected or offered.
DELIVERY TIME FRAMES:
Refer to our production schedule and/or the guide in the product description. Production times start from completion of all approvals received by the factory, including credit, print ready artwork, proofs and pre-production proofs or the physical sample date where applicable. Shipment is made by courier. Whilst we use reliable companies for shipment, once they leave our premises, it is in the hands of the courier companies and is subject to their carrier terms and conditions. Please refer to either www.fastway.com.au or www.auspost.com.au for further details.
ERRORS AND OMISSIONS:
BBB does not make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and by accessing this website you agree that neither BBB nor any of the directors or employees thereof will be liable for any errors or omissions in the information contained on this website.
BBB shall not be liable for any failure or delay in supply or delivery of artwork, services or products where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of BBB including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, communication outages, failures attributable to hosting suppliers, breakdown of plant and equipment, theft, vandalism, riots, civil commotions, accidents or any kind or act of terrorism.
GRAPHIC DESIGN SERVICES:
Graphic design is not a free service.
In accordance with the Australian Goods & Services Tax laws, goods shipped in Australia will be charged GST. Prices online are subject to GST. Prices quoted outside of the online system and made direct to the customer are plus GST as specified in the quote.
BBB at its sole discretion may extend credit terms of 7 days to applicants where arranged prior to accepting quotation. Where offered, invoices are considered late after 7 days and a late charge of $25.00 together with interest accruing at the rate of 10% per annum, or the maximum rate allowed by law is assessed and payable. You shall be liable for all costs related to collection of overdue invoices including court costs and legal fees.
BBB provides all services and products in good faith. BBB expressly denies any implied or express guarantees, warranties, representations or conditions or any kind, which are not mentioned in writing in quotations or in production information. BBB makes no express or implied warranties and specifically disclaims any implied warranty of fitness for a particular purpose, merchantability, or application. The client understands and agrees that BBB is not responsible for any loss damage or costs caused whatsoever and liability shall not exceed the amount of the charges for the work done by BBB in any circumstances. BBB will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from performance or non-performance of our obligations, and shall not be held liable for any kind of financial losses, costs, expenses, damages and/or other economic or consequential damages. No claims shall be entertained unless the client notifies BBB in writing, the goods are returned within two (2) days of delivery, and confirmation made by BBB in writing at that time. and it is the client's responsibility to get a receipt of the claim in writing on lodgement to ensure it has been received.
All orders must be in writing containing customer’s name, address, phone number, item number/name, quantity, unit price, item colour, shipping method, shipping address, ship date, in-hand date, promotional discounts and any other applicable information, either lodged online on the website or on a customer’s official purchase order. If there is not a price in the purchase order, the standard catalogue pricing will be applied. All orders are subject to acceptance by BBB. We reserve the right to reject any order at any time without recourse.
Some orders cannot be cancelled, dependent on whether production or shipping has commenced. Cancellation requests must be in writing and confirmed in writing by BBB prior to a cancellation becoming effective. The customer is responsible for any incurred costs such as set ups, printing, artwork, printing, proofs, packaging, restocking and any other expenses incurred by BBB. In addition, there will be a charge of 20% of the item cost with a $60 minimum restocking charge where available.
Changes to orders must be made in writing and approved and confirmed in writing by BBB prior to the changes becoming effective. Sending a request without any confirmation by BBB will not be considered a valid change and customer will be billed for the original order. Customer is responsible for any and all incurred costs prior to change approval. If customer does not receive a confirmation of the change in writing, it may have not been received, approved, or made in time to be able to be effected.
ORDER OVER RUNS AND UNDER RUNS:
Up to a 2% difference in quantity order is considered industry normal.
ORDERS ON HOLD:
BBB will declare a project completed if a job is put on hold by the client or if no response is received from a client within 30 days of providing an artwork proof. Where not a pre-paid job, an invoce for work to date will be billed and the client agrees to pay. If the order is cancelled, the order cancellation provisions will apply where applicable.
Artwork will be kept on file for a period of 24 months. Orders after 24 months will be treated as a new order and may require new artwork.
Not all orders can be rushed. Prices are based and orders accepted based on normal work flows and gang printing (putting common jobs together and running these in bulk). If you have a particular deadline let us know and we will try our best! If you require an urgent job that is individually printed (not gang printed) then a premium price will apply.
Online pricing is based on the simplest and least level of involvement and work, and fully automated, and costings have been made on this basis. Payment is required at the time of placing the order.
Prices online are based on a normal work flow and gang printing (putting common jobs together and running these in bulk). Due to fluctuations in currency and raw material fluctuations, prices are subject to change without notice. We are not responsible for incorrect pricing, production times and/or descriptions found on 3rd party databases, websites, flyers or catalogues.
Problems are extremely rare, however, if you do experience a problem with the manufacturing of your job, no claims shall be entertained unless the client notifies BBB in writing, the goods are returned within two (2) days of delivery, and confirmation made by BBB in writing at that time. and it is the client's responsibility to get a receipt of the claim in writing on lodgement to ensure it has been received. BBB does not guarantee the replacement of a defective product, or credit the amount of the purchase price. We will not replace the order if it is determined by BBB that the order was misused, mishandled by the buyer, or part of the order was used by the buyer and only a part order is being returned.
The service and product information contained on this website is provided by BBB in good faith and is listed on an E&OE (errors and omissions excepted basis). The information is believed to be accurate and current at the date the product information was placed on this website. Where a problem is identified and an order placed, if an error is identified, we will contact the customer immediately with the correct details. The customer will then have the choice at that time to proceed on the basis of the new information. If not proceeding at that point in time, BBB will immediately refund the amount paid.
At the time of constructing this web site, all information is correct. We have made every effort to ensure the accuracy of colours in this web site, and they are to be used as a guide only. Should you need an exact colour of the product, kindly contact our office for a sample. Imprints, logo or trademarks displayed in this web site are only for the purpose of showing our capability, and they do not endorse the product. They are only available for the sale to clients that are authorised by the owner of such design and product.
Unless a 'project management fee' is specified in the quote, quotes are based on supply of files in an orderly manner, in one lot. If the volume of emails and calls extends past two to get files, or the correct files so we can proceed with artwork or production, or we are required to collage many emails, communications, and/or files, we reserve the right to charge a project management fee.
Refer to these terms and conditions under “Product Information” and “Availability”.
We do not provide sample requests except on promotional products as determined by your customer service representative and a request made in writing to BBB and acknowledged in writing. Pre-production samples with customer’ artwork on it, where available, costs up to $162.50. Sample requests are at an additional cost, and production time and timeframes commence after approval of the sample.
Title to and ownership of the goods remain with BBB until the customer has paid for the goods/services in full. If the customer does not pay in full, the customer authorises BBB or its agent to enter upon the customer or install premises at any time and do all things necessary to repossess the goods.
BBB does not warrant that your access to the network or the information contained in any content will remain error free, or that the network or the server which stores and delivers the website and its contents to you will remain free of viruses or other harmful components. By accessing the website you agree that BBB not be liable as a result of any error, virus or harmful component. BBB has no control over the content of material accessible on any non –BBB sites cross-referenced. It accordingly is the responsibility of the internet user to make it their own decisions about the relevance or accuracy, currency and reliability of information found on those sites.
WEBSITES, SOCIAL MEDIA, DIGITAL, HOSTING AND DOMAINS:
Please refer to separate terms and conditions.
Customer’s acceptance, either personally or through his/her agent(s) and/or employee(s) of the work shall be deemed as full acceptance, ie that the work substantially conforms to expectations.