terms + conditions //
1. Pinnacle’s Services & Payment Terms:
1.1 Upon ordering any service from Pinnacle Design Studio:
1.1.1 You will provide Pinnacle Design Studio with a design brief explaining the style of the design work you require, in accordance with Pinnacle Design Studio’ questionnaire. This brief will form part of the terms of this contract and will detail the scope of works.
1.1.2 You understand that a quote will be issued to you to perform the design brief and that quote will remain available for your acceptance for 30 days from the date of issue.
1.1.3 You agree that you will make payment at the price set out in any quotation provided to you by Pinnacle Design Studio in accordance with the terms set out below and as specified in the quotation.
1.2 Where design work has been ordered, you will be provided with three (3) concepts to select from (when ordering a logo). The concepts will be based on your initial design brief compiled by you for Pinnacle Design’s purposes. Upon selection of a design concept you will be able to make up to five (5) revisions to the concept you selected. A “revision” means any minor amendment to the concept within the scope of the design brief provided by you and may include the change of colour or minor adjustments to the concept, but does not include the creation of a new design. Each revision made will be numbered and marked accordingly by Pinnacle Design Studio. If you require further revisions beyond the revisions noted about, please refer to clause 3.
1.3 The quotation provided to you may also require payment of a 30% deposit for the services. Payment of the deposit is to be made prior to commencement of work. Where a deposit has been requested, Pinnacle Design Studio will not be obliged to commence works and works will not commence until cleared funds for the deposit have been received by Pinnacle Design Studio. The balance of the quotation will be required to be paid upon completion of the services within the payment period set out in that quote.
1.4 You should be aware that all fees charged will be in addition to Goods and Services Tax under the A New Tax System (Goods & Services Tax Act) 1999. Where other transfers, taxes or fees apply (particularly for orders outside Australia), you will be required to pay these in addition to the purchase price for the service(s).
1.5 Payment can be arranged in Australian Dollars using one of the methods available on Pinnacle Design Studio’ quote provided to you and must be paid in full within the payment period set out in that quote.
1.6 Pinnacle Design Studio aims to provide you with services that reasonably reflect the design brief and are in accordance with Australian Consumer Law. Pinnacle Design Studio is suitably qualified to provide the services to you.
1.7 Ownership of the copyright in the designs you have ordered and paid for will pass to you upon Pinnacle Design Studio’ receipt of cleared funds in full payment of the quote(s) provided to you for that specific design work.
2. Printing Services:
2.1 Where you have ordered designs to be printed by Pinnacle Design Studio, you agree that you will make payment for the printing services in advance in accordance with the terms of any quotation provided to you for that work, unless otherwise requested in any terms of the quotation provided to you. Where required in any quotation, Pinnacle Design Studio will not proceed with any printing work unless payment is made in full and cleared funds have been received.
2.2 You also agree that where you have ‘approved’ (orally or in writing) any design work to be sent for printing, you have discharged Pinnacle Design Studio from any liability they may have for the quality and standard of that printing work. Pinnacle Design Studio cannot be held responsible for any printing works that have been approved by you.
2.3 Pinnacle Design Studio cannot and does not warrant that the printing works will be of a certain standard and you will be required to pursue the third party executing the printing works if you are dissatisfied with the printing works and/or the printing works contain errors to be rectified.
2.4 You acknowledge and warrant that you will not hold Pinnacle Design Studio liable or responsible for any printing works that are performed by third parties and Pinnacle Design Studio will not be responsible for any refund, re-print, postage/delivery or any other costs associated with any printing works that are refused by you, for any reason including where they are not fit for purpose or are the result of a ‘change of mind’.
2.5 Pinnacle Design Studio is also not liable for any delay in the delivery of that printing work or any damage to the printed products while in transit. Pinnacle Design Studio does not warrant that the printed designs will be delivered within a fixed period of time and cannot be held liable for any delay in the delivery of such printed designs.
2.6 If you are dissatisfied with the printing works, you must notify Pinnacle Design Studio and you will be provided with the supplier’s contact details to raise that complaint with their office under their terms and conditions of service. Pinnacle Design Studio will not be liable for any works they have not carried out.
2.7 Any cancellation of the printing work must be made within 48 hours of the time of your acceptance of the quotation and prior to receipt of cleared funds for payment of the printing work, where required. All cancellations will be subject to approval by the printing company and contingent upon the commencement of printing work. Any cancellations made after that time will not be accepted or approved by Pinnacle Design Studio and you will be liable to make payment in full of the quote for printing services rendered.
3. Further Revisions:
3.1 Please note that once you have approved and accepted the quotation for work and have received your design concepts, you will be required to make payment of Pinnacle Design Studio’ quotation in full and are not entitled to cancel the services or request a refund of any amount already paid, given the services have already been rendered.
3.2 If you are not satisfied with the outcome of the design services, you are entitled to the revisions set out above and in accordance with any quote provided to you.
3.3 If you have exhausted these revisions or wish to make further revisions, you must notify Pinnacle Design Studio within 14 days from completion of the works in writing (by sending an email to Pinnacle Design Studio) and you agree that any further work to amend the design beyond the standard revisions provided, will be provided to you at Pinnacle Design Studio’ hourly rate as set from time to time (being subject to change).
3.4 Where you have demonstrated that the work does not satisfy the requirements required under Australian Consumer Law and where the design concept does not reasonably comply with the design brief (as required in accordance with the standards prescribed by Australian Consumer law); then Pinnacle Design Studio may offer to provide you with a credit note for services to the value of your quote and/or may offer to re-perform the services to you. Unless you have satisfied the above to a reasonably standard, then Pinnacle Design Studio is not obliged to take any furthern action and you agree that you are liable to pay in full the amount(s) outstanding.
4.1 You agree to Pinnacle Design Studio’ ‘Customer Obligations’, being that:
4.1.1 You will make payment of the services;
4.1.2 You will perform the terms of this Agreement and co-operate with Pinnacle Design Studio’ ordering process; and
4.1.3 You will provide accurate information and documentation that Pinnacle Design Studio reasonably requires to perform the work, including providing sufficient information in your design brief.
4.2 You and Pinnacle Design Studio will agree to uphold all relevant Australian Laws applicable to this Agreement, including Australian Consumer Law.
4.3 Each party will indemnify the other if they fail to uphold their respective obligations and/or do not comply with applicable Australian Laws.
5. Limited Liability & Indemnity:
You and Pinnacle Design Studio agree that this clause will continue even after this Agreement comes to an end.
5.1 If Pinnacle Design Studio has been found negligent in providing the services (except where death or personal injury has resulted), Pinnacle Design Studio’ liability is limited to the fees paid by you for the service(s). Pinnacle Design Studio will not be liable for any: interruption, delay or interference to the services beyond Pinnacle Design Studio’s reasonable control.
5.2 Pinnacle Design Studio will not be liable for any damage/loss arising which has resulted from your conduct or information/instructions you provide, and you agree to indemnify Pinnacle Design Studio for same.
5.3 Neither party will be liable to the other for damage/loss suffered which is of an indirect or consequential nature.
All information that you provide to Pinnacle Design Studio (including your credit card details, address and name) and all information provided to you by Pinnacle Design Studio that is not otherwise publicly available and would be of a ‘confidential’ nature; will remain confidential and will not be disseminated, disclosed or distributed further. That information will be protected by applicable Australian Privacy laws.
7. Operation of Agreement:
7.1 You agree not to transfer or assign your rights/obligations under this Agreement.
7.2 Both parties agree to adopt best efforts to resolve any disputes that may arise under this Agreement and in accordance with Australian Law.
7.3 Where a provision of this Agreement is void/unenforceable, then it will be removed and the balance of the Agreement will be binding.
7.4 This Agreement is the entire Agreement, in addition to any quote and/or Tax Invoice provided to you. You agree that you cannot rely on any other representation(s).
7.5 The parties acknowledge that the Agreement is governed by the laws of New South Wales, Australia and submit to the non-exclusive jurisdiction of that State.