Alpha State Terms & Conditions

 

Unless expressly waived or varied by Alpha State in writing, these terms and conditions apply to all goods and services supplied by Alpha State. Any terms or conditions contained in a client’s purchase order, brief, or other document that are inconsistent with or additional to these terms are of no effect unless expressly accepted in writing by Alpha State prior to commencement of the relevant work.

  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.
    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 ten (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 will 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 and associated ‘working files’ remain the property of Alpha State as part of the manufacturing process. Purchase of electronic artwork and associated working 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 effected.
    3. Copyright shall remain with 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 Alpha State. 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–even 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 in full 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.
    3. If any payment made to Alpha State is reversed, cancelled, disputed, or doesn’t clear for any reason, the amount is still owed and the client remains responsible for paying it in full.
    4. If an account is overdue by more than fourteen (14) days, Alpha State or its representative may contact the disclosed director(s) for collection.
    5. Any expenses incurred by Alpha State in recovering outstanding monies shall be paid by the client.
  7. Financial / Production
    1. All jobs over $10,000 require a 50% deposit prior to commencing artwork.
    2. Jobs in progress longer than six (6) weeks may be progressively invoiced.
    3. Jobs placed on hold for more than four (4) weeks may be invoiced for work undertaken to date.
    4. Three (3) PDF proofs are included in each estimate. Additional proofs are charged by the hour.
    5. Jobs cancelled after artwork has commenced will be invoiced at the the original estimated rate based upon work accrued.
    6. 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 delays or damages caused by factors beyond its control.
    2. Whilst every effort is taken to ensure accuracy, it is the client’s responsibility to check all work thoroughly. Alpha State is not responsible for errors not clearly brought to our attention prior to release.
    3. Proofs are for content approval only and are not colour‑accurate. If colour accuracy is critical, please request clarification.