Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS EMPLOYING BREADBOX MARKETING PTY LTD FOR ANY SERVICE IMPLIES THAT YOU HAVE READ AND ACCEPTED OUR TERMS AND CONDITIONS.
Breadbox Marketing Pty Ltd, (hereafter referred to as “Breadbox Marketing”, “we” or “Company”) reserves the right to change or modify current Terms and Conditions with no prior notice. Please carefully read, review and be sure you understand our Terms and Conditions prior to employing Breadbox Marketing for any purpose. You should carefully read all of our terms and conditions as your employment of Breadbox Marketing 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 Breadbox Marketing under any circumstance. These Terms and Conditions will apply to all contracts for the provision of services by Breadbox Marketing and will supersede any other documentation or communication from the Client including any previous Terms and Conditions distributed in any form.
Conditions of engagement and non-disclosure agreement:
Proposal is valid for 30 days.
The Client shall provide to Breadbox Marketing a full briefing and all information concerning the Client’s requirement on commencement of the project.
Scope of Works — to be nominated and set by the client prior to commencement of work. Changes to the Scope of Works will only take effect on receiving a written request — either email or letter. All changes to the original scope of work will be subject to additional cost, generally at an hourly rate.
Rates — all work is charged out as per the fee or hourly rate per the Scope of Works unless stated otherwise in the initial proposal.
Work will only commence upon receipt of initial disbursements (where applicable) and upon receipt of a signed copy of this Conditions of Engagement page (in some cases an email confirmation will be sufficient, subject to terms and conditions being signed and returned). Quotes can also be automatically accepted via your Xero quote system. Terms are binding from acceptance.
Terms — 50% of the fee is due upon acceptance of this proposal. The remainder will be invoiced on completion of work. The first invoice is payable before commencement, subsequent invoices are to be paid within 14 days. In the case of a website, the completion invoice will be due for payment before the website goes ‘live’.
Clients on a retainer contract will be sent a monthly bill with corresponding timesheet. Payment terms are 14 days from issue of any invoice.
OVERDUE INVOICE FEES. An administration fee of $45 + GST will be charged if payment is not received by the due date of invoice. If an amount remains delinquent 4 weeks after its due date, 5% of the total cost of the project will be added for each month of delinquency.
In the event you fail to pay our invoices by the due date or fail to adhere to a payment arrangement you entered into with the firm and we are forced to take action against you for recovery of monies owed to this firm, then enforcement expenses may become payable by you under this agreement on a solicitor client basis (indemnity basis). To the extent allowed by law, enforcement expenses may include those reasonably incurred by the use of our staff and facilities and any external debt recovery agents and/or solicitors. In this regard, in addition to our solicitors’ rates, those members of the firm working on collection of fees payable to the firm will be charged to you according to the following rates:
Office Manager $200.00 / hour + GST
Accounts Officer $100.00 / hour + GST
Where the final product is delayed on the Client’s behalf a progress payment may be invoiced to cover the cost of work to date.
External or outsourced supplier costs, including some design, website development, printing or technical support will be on top of Breadbox Marketing’s costs. External costs will be quoted for upfront and if external costs change for any reason, these costs will be passed onto the client, unless otherwise agreed. Where possible these will be re-quoted and approved prior to proceeding any further.
Disbursements and expenses, including but not limited to telephone, postage, general stationery, connectivity and internal printing, are not covered by the fee and are charged separately with a 5% to 10% administration fee added to each invoice.
Where staff members are required to travel on behalf of the client, this will be on charged to the clients at the standard ATO rates from 0.66c p/km.
Approval for expenditure for significant cost items will be sought prior to ordering, and competitive quotes will be obtained if required.
Breadbox Marketing will submit all media releases, articles, captions, copy, scripts, design and artwork to the client for approval, unless the client states otherwise.
Breadbox Marketing will take all responsible steps to comply with requests to change, reject or cancel plans, goods or services (including media) hired, bought or engaged on behalf of the client, provided this can be done within the contractual obligations to suppliers. The client will be responsible for the accuracy, completeness and propriety of information concerning the organisation, products, industry and services which it provides to Breadbox Marketing.
Two (2) rounds of client changes are included in each project cost unless otherwise stated. If more rounds of changes are required these will be charged at an hourly rate of $150.00 / hour. All change requests must be made in writing. If work has to be re-done 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.
The Client is responsible for proofing all artwork and content thoroughly. Although Breadbox Marketing will proof all artwork, Breadbox Marketing 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 at an hourly rate of $150.00 / hour.
If the Client chooses to do their own print production, Breadbox Marketing takes no responsibility for any errors or problems with the print job and will offer no compensation towards that job. Any changes to artwork to correct the issues will be charged at the hourly rate of $150.00 / hour.
We recommend all Clients obtain a printed proof from their printer before print production is carried out.
Work may be halted by the client at any time with the client eligible for payment of fees and expenses to date of cessation of work. Breadbox Marketing may halt work upon written notice due to arising conflicts of interest, project deadlock and non- payment of accounts.
Media plans, once booked, cannot be cancelled.
Breadbox Marketing requires two (2) calendar months notice to cancel social media marketing plans.
The parties hereby agree that all communication (written, oral or otherwise) is presumed to be confidential.
The contractual period of a ‘web care package’ or ‘maintenance package’ is minimum 12 months from the commencement date, but can be billed monthly. After the 12 month period has expired, the agency requires two (2) calendar months notice to cancel maintenance.
The parties hereby agree that all Confidential Information disclosed under this Agreement, unless written consent is otherwise granted by the disclosing party, shall continue to be maintained in confidence for a period of five (5) years from the date of disclosure and shall be used solely in connection with the obligations undertaken in this Agreement. Breadbox Marketing and all sub- consultants abide by our clients need for privacy and respect this. No documentation or supplied material will be used nor passed on in any form to other parties. All material is to be used for the sole purpose as outlined within the Scope of Works.
The copyright of all artwork, copy, proposals and other work created by Breadbox Marketing or its appointees rests with Breadbox Marketing. On payment by the client of the relevant fees and charges in full, the client becomes entitled to the said copyright and the assignment of it in each case becomes effective on payment. ‘Working files’ which may include Indesign, PSD and coding of website HTML files remain the copyright of Breadbox Marketing, unless otherwise agreed in the ‘scope of work’ proposal. Transfer of copyright can be requested, and will be assessed by the agency on a case by case basis. If approved, a fee will be charged for the transfer of the working files.
Information disclosed under this Agreement, unless written consent is otherwise granted by the disclosing party, shall continue to be maintained in confidence for a period of five (5) years from the date of disclosure and shall be used solely in connection with the obligations undertaken in this Agreement.