Terms &

Conditions

Read the following carefully, as employing Elitivia Pty Ltd for any service implies that you have read and accepted our Terms and Conditions.

Please carefully read, review and be sure you understand our Terms and Conditions prior to employing Elitivia in any way.

Elitivia Pty Ltd, (hereafter referred to as “Elitivia”, “we” or “Company”) reserves the right to change or modify current Terms and Conditions with no prior notice.

You should carefully read all of our terms and conditions as your employment of Elitivia and any services, materials or products purchased herein identifies that you agree to the following Terms and Conditions and that you agree to be bound by these terms and conditions accordingly. If you do not agree to these terms then you should not employ Elitivia under any circumstance.

These Terms and Conditions will apply to all contracts for the provision of services by Elitivia and will supersede any other documentation or communication from the Client including any previous Terms and Conditions distributed in any form.


Project
Management

Confidentiality

All quote requests are strictly confidential. We will never share or sell your information to third parties.

Elitivia has the right to showcase project work, including unused concepts, in any media format, for the purpose of self promotion. The client must inform Elitivia in writing before the project commences if any material, information or any other part of the project is confidential. In the instance that the project, or parts of the project are confidential, Elitivia agree not to publish the project until written confirmation to do so has been supplied by the Client.

Quotes Given

A project brief must be supplied in writing by the Client in order to receive a quote. This can be submitted via our website at http://elitivia.com/get-a-quote/, or via email.

Quoted prices are based on the estimated hours that it will take to complete the project and do not include changes, copywriting, stock imagery, stock video, rendering costs, broadcast costs, printing costs or otherwise, unless clearly stated.

All quotes are valid for thirty (30) days from date of issue. After this period, a new quote, with a new project number, shall be issued should the Client wish to move forward with the project.

Elitivia has the right to re-evaluate a quote based on any additional work required by the client. The Client will be notified of any additional costs that may occur before any additional work is carried out.

Accepting a Quote

All quotes must be accepted in writing via email. Payment of a deposit is also considered acceptance of the quote. When you accept a quote with Elitivia, you are also agreeing to our terms and conditions.

Project Resources & Scheduling

If the project requires the client to provide or prepare information, documentation, images or otherwise, the client accepts that delays in delivery from the client to Elitivia may result in the project taking longer than estimated to complete. Elitivia will aim to meet the client’s deadline at all times, however, if a deadline is pushed forward by the client, this may incur additional charges to complete on time.

The supply of content, images or media files is the responsibility of the client, unless the client is employing Elitivia’s services to do so. The Client is required to provide or prepare all information, documentation, images or otherwise before Elitivia begin work.

Due to industry and technology standards and methods continuously evolving, all project content must be supplied within 30 days of the quote acceptance, otherwise the quote may become invalid, regardless of whether or not a deposit has been paid by the Client.

To manage projects and workload, Elitivia sets aside time for each project and meeting. Should the Client miss or be late for a scheduled meeting without 24 hours prior written notice, this time may be invoiced to the Client.

Changes

All change requests must be made in writing. If work has to be re-done or corrected because an incorrect brief has been supplied by the Client, or the brief changes in any way, we have the right to charge for changes made at our current hourly rate.

Proofing and Approval of Final Artwork

The Client is responsible for proofing all artwork and content thoroughly. Elitivia accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.

Any changes made to a project after the Client has approved any final work, whether verbally or in writing, will be billed to the Client.

Delivery of Final Files

Delivery of final files varies for each project, normally dependant on file size. When project files are sent via an online link on Elitivia’s server, the Client will have 30 days to download the files. If files are required to be sent via post, additional costs apply.

If the Client loses or deletes the final files sent by Elitivia and requires the project files to be re-sent, the client will be invoiced at our current hourly rate for the time spent. A minimum cost of $47.50 +GST applies.

Printing

We advise all Clients to obtain a printed proof from their printer before print production is carried out.

Website Compatibility

Elitivia will endeavour to ensure that any website or application developed by Elitivia will function correctly on the server it is initially installed on.

All websites are tested in Internet Explorer 8 and up, Firefox, Chrome, Safari and Opera. We do not support Internet Explorer 6 and Internet Explorer 7.

After the website has gone live, Elitivia can offer no guarantees of correct function with all browser software as they are changed and upgraded so frequently.

Website Bugs or System Errors

When a web project has been delivered and approved, the client will have a 30 day grace period whereby Elitivia will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our hourly rate whereby a minimum charge of 30 minutes will be applicable to cover administration costs.

This does not include fixing errors caused by the Client, or any third party who have made changes to the website, changes to content, installed plugins or software updates.

Website Maintenance

We recommend that all websites are serviced regularly and maintained. Elitivia can provide a maintenance service if required which is billed at our standard hourly rate.

We strongly recommend that websites are backed up on a regular basis and a full backup is always made before making any software updates.

Support & Training

All clients accept that by requesting any type of support either through phone or email, they are liable to charges at our current hourly rate whereby a minimum charge of $47.50 +GST (30 minutes) will be applicable to cover administration costs.

Support includes, but is not limited to, updates, fixes, changes, phone support, email requests, consultations and meetings (other than the first free consultation).

If training is required by the Client for use of the products or materials provided by Elitivia, this will be invoiced at our current hourly rate.

Completion Policy

Elitivia will indicate time frames for both parties from the date of receipt of initial deposit, or project acceptance.

The date of completion will be provided by Elitivia and will be reached only if the client has provided all necessary project resources to Elitivia within the agreed time frame. Elitivia shall not be held responsible for delays to the project(s) arising out of client’s delays in providing project resources.

If the project is not completed within the time frame due to lack of client assistance, Elitivia may close the project and bill the Client for the remaining balance of invoice. Any further work will be charged at our current hourly rate.


Payment
Information

Rates & Charges

You are required to pay for our time, and quoted prices are based on the estimated hours that it will take to complete a project. Our standard hourly rate is $95 + GST for clients within Australia. Clients outside of Australia are not required to pay GST (goods and services tax).

Small projects and service requests are timed, and invoiced on a monthly basis with a minimum charge of $47.50 + GST, equivalent to 30 minutes at our current hourly rate of $95 + GST.

When out of hours work or support is specifically requested by the Client, our out of hours hourly rate of $142.50 applies. We will always notify you if out of hours rates apply before work or support commences.

Deposits

Deposits are required for all first-time clients, overseas clients and some projects over $500. Deposits are strictly non-refundable and expire within 12 months. If a deposit is required, work will not commence until the deposit has been received by Elitivia.

Payment Terms

Invoice payment terms are 7 days, unless otherwise agreed in writing by Elitivia and the Client. Payment terms are clearly displayed on all invoices.

Project on Hold

If the Client wishes to put a project on hold, the work to date will be invoiced. By default, a project will be considered on hold when Elitivia has been waiting four or more weeks for the client to provide information, content, feedback or otherwise that results in the project unable to progress further.

Accepted Forms of Payment

We only accept payment in Australian Dollars.

Direct Deposit
Our preferred method of payment is via direct deposit.

Cheques
Cheques are accepted for payments over $100. If a cheque bounces, the Client will be liable for any bank fees incurred, plus a $47.50 + GST administration charge.

Cash
Since we do not keep cash on site, any cash payments need to be in the exact amount, as change cannot be provided.

PayPal
PayPal is an accepted method of payment for overseas client only. PayPal transactions incur a surcharge on every transaction. Please contact us if you wish to pay via PayPal and more information can be supplied.

Overdue Invoice Fees

We send out overdue invoice notifications every week an invoice is overdue. If payment is four weeks overdue, a fee of $47.50 +GST will be incurred to cover administration costs.

If an amount remains delinquent 8 weeks after its due date, a second late fee of $47.50 +GST will be incurred and the debt will be referred to a debt collection agency. In the event that external collection agency appointment proves necessary, an additional 20% of the total cost of the project will be added to the invoice to cover debt collection costs.

If referral to a collection agency has been put on hold for any reason, a late fee of $47.50 +GST will be incurred every four weeks until the invoice, including all late fees, have been paid in full.

Non Payment

Elitivia have the right to refuse an account, put project on hold, or refuse to assist a Client in anyway if any outstanding invoices are more than four weeks overdue.

Default in Payment

The Client shall assume responsibility for cost outlays by Elitivia in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

Cancellation

You have the right to cancel your project. In the event of cancellation, ownership of all copyrights and the original artwork shall be retained by Elitivia, and expenses already incurred, shall be paid by the Client. You will be invoiced for the work carried out so far based on our current hourly rate.

Deposits are strictly non-refundable and any unused payments will be transferred to credit. All credit must be used within 12 months.

Copyright

On Elitivia receiving the final payment for a design in full, the copyright to the design is automatically transferred to the Client. The grant of any license or right of copyright is conditioned on receipt of full payment.

Elitivia retain the right to display designs created by our studio in our portfolio, and for the purpose of marketing or advertising our services on or offline.

All work supplied by Elitivia is believed to constitute original work, and is prepared in good faith that it does not infringe the rights of any other party. Elitivia cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise.

Elitivia is unable to guarantee that any work supplied to the Client is suitable for any particular purpose and would strongly recommend that the Client conduct relevant research prior to the approval of any prepared work.

All preliminary work and materials produced by Elitivia for the purposes of developing any work remain the sole property of Elitivia (excluding and incorporated materials supplied by the Client). Any unauthorised usage of materials produced by Elitivia will be actively pursued through legal channels.

By approving any final work whether verbally or in writing, the Client assumes the responsibility for the subsequent usage of the chosen work. Elitivia retains the right to re-use any original material that does not form part of any final approved work.

The Client agrees that they may not claim to be the designer or showcase Elitivia’s work in their portfolio and claim it to be their own.

Elitivia cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and may refuse use of any such material unless proof of permission is provided.

Limitation of Liability

All works created by Elitivia will be considered approved for use by the Client prior to being employed for use in any way.

Elitivia is unable to guarantee that any third party products or services are suitable for use in any way.

Under no circumstances shall Elitivia be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials provided by Elitivia. If your use of materials from Elitivia results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Licensing

Any design, copyrighting, drawing, illustration, concept or code created for the Client by Elitivia, is licensed to the client on a one-time only basis and may not be modified, re-used or re-distributed in any way or form without the express written consent of Elitivia. In the event of multiple proposed designs being submitted to you the client for selection, the one design selected is deemed by Elitivia as fulfilling the contract. All other designs remain the property of Elitivia.

Warranty

Our services are provided without warranty of any kind, either expressed or implied. We do not offer refunds.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.


Complaints
Procedure

Informal Complaints Procedure

Any client experiencing problems with a service provided by Elitivia should contact their assigned Project Manager or email hello@elitivia.com.

Formal Complaints Procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Elitivia, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

A full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.