Our Terms of Service

Working Together – you and Artbeat Creative
You are a client whose business we value. At Artbeat we are committed to providing you with a high quality service which we will deliver promptly and efficiently. Our relationship with you is important to us. We sometimes find that clients are unfamiliar with what is involved in the services being offered, the terms of engagement or the charges which can result. Therefore, we will explain here what we will do for you. We will also set out what we expect you to do for us – or, our terms of business.

What we will do for you
Our aim is to provide you with high quality design service for print and web.
We will endeavour to answer all your enquiries and telephone calls promptly.
We will handle your instructions carefully, professionally and promptly.
We will listen carefully to any concerns that you may have about our service and take any appropriate action.
Unless otherwise permitted by you, all information received from you will be kept confidential and will only be disclosed to those who need to have that information in order for us to give effect to your instructions.
On completion of any work undertaken, we will supply all relevant files, in the format you request, either to you or other party as directed by you.

What we expect you to do for us
Artbeat will not commence work until you authorise them to do so by providing your signature to either a fee estimate provided by Artbeat, purchase order or verbal instruction. Unless expressly agreed to the contrary, you must supply the copy and perform sub-editing or copywriting. You warrant that you are entitled to use and to authorise Artbeat to use all visual elements, written expressions, trademarks or other components that you provide to Artbeat, and that you are solely responsible for obtaining any permissions associated with their use. You must notify Artbeat of any errors at sign-off stage. Artbeat accepts no responsibility for errors that you do not detect at sign off stage.

Records, Files and Archive
All material produced by Artbeat in the course of its work in providing the services is the property of Artbeat. Artbeat shall be entitled to retain on archive, all material received and produced in the course of performing its services. Artbeat will maintain this archive, at no cost to the client, but will on-charge any labour and material costs associated with the retrieval and supply of any files from archive accordingly. All care is taken to retain files. In the event of hardware failure, system failure or other error, Artbeat in no way guarantees against any losses. Artbeat is under no obligation to re-create any lost files or data. Files retained on archive remain the property of Artbeat.

Instructions
We can act only on your clear instructions. Where instructions cannot be reasonably obtained from you, we may cease work until these are received, we will not accept responsibility for any consequence of our doing so. At any time you may tell us to stop.
If you do, you will be liable at that point for fees and expenses we have incurred to that date. Unless you tell us to stop, we may continue working on the matter and you will continue to be liable for the on-going costs.

Our charges
Our costs will be fair and reasonable for the work involved. Our charges will be based on our normal hourly rates, calculated according to the time spent on the task, plus disbursements and Goods and Services Tax (GST) (if applicable) and will be rendered to you in an invoice. In some circumstances, our charges may also be influenced by other factors including:
Degree of skill and knowledge involved
Any degree of urgency
The difficulty and complexity
Degrees of responsibility involved

We may by prior arrangement agree to limit our fee to a certain level in the form of a quote. Where a quote is given it is assumed that no unexpected complications will arise. If unforeseen difficulties occur, our fee may have to be altered. In some cases, due to the nature of the work we are required to perform, we will not be able to provide a quote for our work in advance.

If the work with which we are dealing on your behalf is on-going, we will endeavour to issue interim accounts on a regular basis throughout the course of completing the work.

Minimum Charge
We have a minimum charge of $48.00+GST. We will charge a minimum amount of $48.00+GST for any and all work undertaken as instructed by you.

Non Resident Clients
Where you are not a New Zealand resident, we may ask you to pay a retainer before commencement of work on your behalf.

Disbursements
We may need to incur certain disbursements on your behalf. These may include, without limitation, the cost of materials, toll and mobile charges, photobank images, photography, illustration, travel, accommodation, online access time, couriers, printing, postage and sundries. By instructing us to commence work, you authorise us to incur these and other such charges as are reasonably necessary to put your instructions into effect.

Payment of Disbursements
We may need to pay significant disbursements on your behalf. Sometimes, we can anticipate these out of pocket expenses and will send you an account in advance. Otherwise these expenses will be included in a subsequent invoice.

Usage and Intellectual Property Rights
You have no right to use any of the designs, plans, artistic works, trade marks, logos and other material created by Artbeat (the Artbeat Material), until Artbeat has been paid in full fees and expenses due. Your right to use the work will be based on either a restricted licence or a full buy-out as nominated in our estimate.

Intellectual Property
Licence Basis. Where services are rendered on a licence basis, the Artbeat Material is to be used only for the single purpose in the media and in the Country expressly made known to Artbeat when you commissioned Artbeat. Artbeat is, and remains, the owner of all right, title and interest in the Artbeat Material, including without limitation all copyright and other intellectual property rights. Upon payment to Artbeat of all such fees, Artbeat grants you an exclusive licence to use the Artbeat Material for the single purpose in the media and in the Country expressly made known to Artbeat when you commissioned Artbeat. Without limiting Artbeat's rights, if the Artbeat Material is used for any other purpose, you must pay to Artbeat such further licence fees as Artbeat would, in the ordinary course of its business, charge for that purpose.

Intellectual Property
Buy-Out Basis. Where services are expressly provided to you on a buy-out basis, then, upon receipt of full payment to Artbeat of all fees due under this agreement, Artbeat by force of this agreement hereby assigns all rights in the Artbeat Material to you in all media throughout the world for the term of copyright without the need for further documentation. Notwithstanding this assignment, Artbeat may use any of the Artbeat Material for self-promotion or competitive purposes with your consent, such consent not to be unreasonably withheld.

Warranties and Indemnities
(a) Artbeat makes no warranty that the Artbeat Material will have any bearing on the commercial success of your products. It is your responsibility to ensure that the Artbeat Material complies with the requirements of any legislation regarding marketing, labelling, packaging or otherwise.
(b) You will indemnify Artbeat from all claims arising from our use of any information or documentation supplied by you, or for any act or thing done by Artbeat on your instructions or with your approval.
(c) Artbeat will supply all necessary intellectual property sign-offs on the Artbeat Material such that it may lawfully be used by you for the specific purpose intended.

These terms and conditions cover all ongoing and future work undertaken by Artbeat for you, unless otherwise varied with Artbeat written consent.

Payment Of Account
Payment of our account is due 20th of the month following the date of our invoice. The expectation of prompt payment is reflected in our bills.

Unpaid Accounts
If prompt payment is not received we may:
Charge you interest calculated monthly on the outstanding balance of the debt until payment in full is made. Interest will be charged at 12% per annum or at such lower rate as we may agree on. The minimum monthly charge will be $5.00.
If there is not a satisfactory explanation for non-payment of the account, issue a letter requesting payment within fourteen days. If payment is still not forthcoming, we may initiate debt recovery proceedings. The amount sought will include an interest charge and the cost of recovery or attempting to recover the outstanding costs.

Withholding Services on Overdue Accounts
We reserve the right to stop any further work for you if you have an outstanding debt to us and you have not entered into a satisfactory arrangement for payment. We will not accept responsibility for any consequence of our doing so.

Risk and Title

1. Ownership of the goods shall not pass to the Purchaser and is expressly retained by Artbeat until all outstanding indebtness is discharged.
2. Risk of any loss or damage to or deterioration of the goods due to any cause shall be borne by the Purchaser from the time when the goods are delivered.