Alpha State Terms & Conditions

  1. Estimates

    1. Where possible, all production will be subject to estimating prior to any work commencing. Should concept and design work be undertaken prior to an estimate being done, any and all work carried out prior to estimating shall be included in the estimate and shall be subject to charging should the job not proceed for any reason. Estimates are valid for a period of thirty (30) days from the date indicated and are subject to cost variations imposed by suppliers. Estimates are based on supply of three (3) proofs only for corrections or alterations unless indicated otherwise. Multiple proofs or corrections, non-standard services and urgent deliveries will incur additional costs. Some estimates exclude disbursements such as courier charges, telephone, e-mail, etc which may be charged separately.
    2. Where any part of an estimate relates to imported goods, the costs estimated are based on existing rates of freight, foreign exchange, insurance, customs and other duties. Alpha State will not be bound by an estimate should any of these items vary.
    3. Goods & Services Tax (GST) is included in the overall estimate total but is shown as a separate item on invoices for reporting purposes.
  2. Acceptance

    1. Acceptance of an estimate to proceed into production is deemed to be an acceptance of these terms and conditions. If the terms of the acceptance differ in any way from these terms and conditions, then Alpha State shall only be bound should these differences be confirmed in writing by Alpha State and signed by the client.
  3. Variations

    1. Normal turnaround time for concept/design and first proof is five (5) normal working days for a small creative job and (10) days for larger campaign jobs. When a client requests that a specific job be output by a specific time within 24 hours, a “drop everything” loading of 100% shall apply to all areas of production, including studio time, proofs, production, e-mails and delivery. Any work conducted out-of-hours, weekends or on public holidays is by negotiation and may incur additional fees.
    2. Any variations required by the client resulting from a change in specifications, alterations or any other variation whatsoever may result in additional charges being made. Any variations required by the client which are not made in writing shall be confirmed in writing by the client within three (3) days of the variations being requested. If confirmation in writing is not received within the specified time, it shall be deemed that no variation is required by the client.
  4. Electronic artwork

    1. Electronic artwork remains the property of Alpha State as part of the manufacturing process. A final locked hi-resolution pdf file is returned to the client on request. Purchase of electronic files can be negotiated if required.
  5. Copyright, ownership, legal title and risk

    1. Legal title to and property in the goods supplied by Alpha State shall not pass to the client until the client has paid to Alpha State the full purchase cost.
    2. The goods supplied shall in all respects be at the risk of the client from the time delivery is affected.
    3. Copyright shall remain with the Agency – Alpha State for all creative processes and artwork, unless negotiated otherwise in writing at the time of briefing and before commencement of the project.
    4. Clients are entitled/licensed to use the finished artwork and continue to use the material without change or charge unless otherwise authorised by the Agency. Changes to material without the express written authorisation of Alpha State is in breach of copyright.
    5. Clients own the completed finished design and will be supplied with locked hi-resolution pdf files only for ongoing use and reprint.
    6. Ownership does not include the original artwork files used to manufacture the finished product.
    7. As authors/creators, Alpha State’s goal is to maintain integrity and reputation.
    8. No other use or disclosure of the whole or any part of any document submitted to a client may be made by the recipient without the express written consent of Alpha State.
    9. Alpha State is free to use any concepts or processes proposed in any way whatsoever if the agency is not engaged by the recipient in relation to creative submitted.
    10. All concepts, creative and imagery presented to clients carry copyright and cannot be reproduced, published or used beyond the purposes for which they have been provided. They are intended for this use only and permissions and fees apply if they are used publicly.
    11. We make every effort to produce original artwork. If, however, we create artwork for you which for any reason is deemed to infringe on any existing trademarked artwork, our liability is limited only to a refund of the paid amount.
    12. Alpha State will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. We will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name, brandmark or image.
  6. Payment

    1. Unless otherwise stated by Alpha State, payment shall be made net cash or direct deposit no less than fourteen (14) days from receipt of invoice.
    2. An interest rate of the current ANZ OD Rate per annum shall be payable on outstanding balances due and not met under 6.1. The interest rate shall be calculated daily commencing on the date of invoicing until payment is made in full. The client agrees that the interest rate stated above is a fair estimate of Alpha State’s loss and is not to be construed as penalty.
    3. The payment of the whole or any part of the invoice total or interest or both which is later claimed to be void or voidable will continue to be liable to the client for payment as if no such payment had been made.
    4. If an account is overdue by more than fourteen (14) days, then Alpha State or its representative have your permission to contact the disclosed director(s) for collection of the payment.
    5. Any expenses, costs or disbursements incurred by Alpha State in recovering any outstanding monies including debt collection agency fees and solicitors’ costs, shall be paid by your company.
  7. Financial/Production

    1. Deposit: All jobs undertaken by Alpha State over $10,000 require a 50% deposit prior to commencing artwork.
    2. Progress Payment: Should a job be in progress for longer than six (6) weeks, the agency is entitled to and may issue a progressive invoice.
    3. Jobs on Hold: After forwarding the first proof of artwork and then the job being placed on hold for more than four (4) weeks, a progress invoice may be issued for work undertaken to date.
    4. Proofs: A standard of three (3) PDF proofs are included in each estimate. Any additional amendments to artwork requiring additional proofs are charged by the hour – as shown on the production estimate.
    5. Job Not Proceeding: Jobs that do not proceed once artwork has commenced will be invoiced at the rate clearly shown on each production estimate.
    6. Rush rates and out-of-hours: All cost estimates are calculated on a standard turnaround time through normal business operating hours. Urgent projects requiring priority service, or out-of-hours attention may be subject to additional charges.
  8. Delivery

    1. Alpha State will endeavour to deliver all printed and/or electronic material by the agreed deadline and in good condition. Alpha State will not be liable for penalties or to pay damages if goods are damaged or delivery delayed as a result of strikes, shipping delays, lockouts, late delivery of materials, force majeure, Acts of God or other causes beyond its control.
    2. Whilst every effort is taken to ensure the accuracy of our work, it is ultimately your responsibility to check it thoroughly and clearly mark up any alteration or error. Alpha State will not be held responsible for any error, alteration or omission that was not clearly brought to our attention prior to release. Production of your work cannot continue until we receive your approval to proceed. Please note that proofs provided are intended for content approval only and are not necessarily colour accurate. Computer monitors, mobile devices and colour proofs are inconsistent and may not be accurate to your final product. If you are concerned about the reproduction of any artwork, please ask a member of our creative team for clarification.