Terms & Conditions of Service
Client Engagement Terms of Service
Smartfish Creative is committed to providing high-quality and efficient service to its clients. We strive to meet all deadlines for design, web, and print projects.
To ensure smooth operations, we offer fair terms and conditions for both parties. Please carefully read and understand these terms and conditions. If you have any questions or disagree with any of these terms, please let us know before starting your project.
By approving your quote, you are agreeing to these terms and conditions, unless both parties have agreed in writing to alter them. These conditions are governed by Australian law and apply to all companies, clients, or individuals (referred to as “The Client”) working with Genetiqe Pty Ltd, trading as Smartfish Creative, its contractors, and subcontractors.
These terms and conditions cover all work and services provided by The Client to The Supplier, including graphic design, web design and development, printing, and conceptual work such as concept design. These terms and conditions may change without notice.
While the initial consultation between The Client and The Supplier is free of charge, additional meetings outside of the original agreed quotation may be subject to a fee from The Supplier. Any additional work requested by The Client outside of the original brief, including major changes, additional content provided by the client late in the project, or other major variations that impact the time allocated for a project may also incur additional costs, billed in 15-minute increments.
The Supplier reserves the right to terminate the contract with The Client for any reasonable cause without prior notice.
Terms of Contract – Payment
The Supplier reserves the right to request a partial payment or deposit from The Client before starting the project. This is typically a 50% initial deposit for all new clients and all projects, or a 100% payment for clients who have previously had numerous outstanding accounts. This invoice will be presented by The Supplier before starting the project and must be paid by The Client before the project begins. By making the initial payment, you are entering into a contract with The Supplier.
The Supplier reserves the right to not begin any services or additional requested services until payment is received from The Client.
If the project exceeds 60 days or remains inactive for more than 30 days due to The Client, The Supplier reserves the right to invoice for work completed or in progress. If the job remains inactive for more than 30 days due to a lack of response from The Client, the job may be considered complete and cancelled by The Supplier, with the request for full payment (minus the initial deposit) to be made. All artwork and concepts will remain the property of The Supplier until full payment is received from The Client.
All payments are due within 14 days of the invoice date, unless alternative arrangements have been made between The Supplier and The Client before the start of the project.
If payment for the invoice is not received within 30 days, the terms of the contract will be amended to require full payment in advance for the remainder of the services or any future projects, unless otherwise agreed upon. The Supplier reserves the right to place all current projects on hold until the outstanding balance is fully paid.
A $20 per month account service fee may be applied to The Client on overdue accounts if a reminder of payment is required after 30 days.
If non-payment occurs beyond 45 days, The Supplier has the right to initiate external debt collection processes or legal action, for which The Client will be responsible for any associated fees.
Payment for Website services
If payment for website services is not received within 30 days, the website or any related services may be suspended without prior warning. A fee of $80 may be charged to reinstate the website or services. This applies to new website development services as well as any additional services requested for existing websites.
The Supplier may offer a payment plan upon request by The Client. As part of this agreement, The Client must ensure that they meet the payment deadlines for each payment or notify The Supplier at least 5 days in advance if they are unable to meet the payment date. If The Client fails to meet the deadline without notification, a $20 per month administration fee may be applied. If one or more payments are overdue by more than 45 days, The Supplier has the right to suspend the services and may appoint a collection agency to manage the outstanding debt of The Client, at The Client’s expense as stated above. If The Client’s services (such as web hosting or website) are suspended due to an overdue account of more than 30 days with no responsible explanation provided to The Supplier prior to the due date, The Client may be subject to a $80 reconnection fee.
The Supplier reserves the right to charge additional costs if significant changes are made to the original brief. This includes providing additional content for websites after the project has reached 50% completion.
The Supplier’s payment terms for design and web services are as follows: a 50% deposit is required before the project begins, and the final 50% payment is due upon completion.
For print-based services, full payment is due upon receipt of the goods.
Terms of Payment for Supply of Outsourcing Services for Clients.
If The Supplier is providing outsourcing or white-label services for The Client, the payment terms are as follows: a 50% deposit is required before the project begins, and the final 50% payment is due upon completion, at the agreed rate. However, if The Client’s account is overdue by more than 10 business days without a valid reason, the trade rates will automatically be changed to the standard full-service terms and rates that The Supplier charges to all clients, and any discounted rates will be void from this period onward.
If an outsourcing client’s account is overdue by more than 30 days and there has been no form of payment from the client, The Supplier may decide to terminate further services to The Client and their clients.
The same penalty fees for overdue accounts as outlined above will apply.
At Smartfish, we are confident that our clients will be satisfied with our web design services. Therefore, we offer a 100% money-back guarantee for these services. If you are not completely satisfied within 7 days of receiving your website, a refund may be considered.
Urgent Services requested outside of Business Hours
For work required outside of normal business hours (Monday to Friday 8:00am to 5:00pm), a 20% surcharge will be applied. By requesting our services specifically to be carried out during these hours, you are accepting this policy.
Smartfish and its staff reserve the right to refuse clients or projects for any reason at our discretion.
Copyright Ownership of Content & Artwork
Ownership of all creative design and web development provided by The Supplier remains with The Supplier until full payment has been received by The Client.
This includes, but is not limited to, graphic design, concepts, and artwork. Unauthorized use of these designs prior to payment is strictly prohibited unless specifically authorized by The Supplier.
The Supplier agrees to retain an archive of all projects for active clients for a period of 24 months from the date of final payment. However, The Supplier is not responsible for loss of content during this period due to electronic failure of storage. If The Client has outstanding debts to The Supplier, this offer may not be valid unless prior arrangements have been made. If longer storage is required, arrangements can be made.
The Client is responsible for obtaining clearance for trademark, patent, and copyright infringement and agrees to indemnify The Supplier against any loss or damage resulting from the use of text, photos, similarities, or other intellectual property that is not owned by The Client.
The Supplier reserves the right to charge a fee for transferring or collating Finished Art or other files that are more than 6 months old upon request by The Client.
It is the responsibility of The Client to request the final files or utilize The Supplier’s Archival service if they wish to have the files stored.
Fonts and images provided by The Supplier are licensed from external providers and cannot be transferred to The Client without the purchase of the necessary licenses by The Client.
The Client agrees to allow The Supplier to display their designs on The Supplier’s website or portfolio for self-promotion unless notified in writing by The Client.
Cancellation of Contract/Services
The Client may cancel the contract at any time but will be required to pay for any work completed up to the point of cancellation and any expenses incurred by The Supplier.