Terms & Conditions

 

The following Terms and Conditions of Service apply to all products and services provided by Blackbook Ink and in the event of any dispute are governed by the laws of Australia.

All work is carried out by Blackbook Ink on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by Blackbook Ink on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Blackbook Ink, unless specifically agreed in writing.

Project Acceptance

At the time of proposal, Blackbook Ink will provide the customer with a written estimate or quotation by email.

By replying in acceptance this proposal and paying initial deposit (50% of total price unless otherwise agreed upon) it is understood that these Terms and Conditions are read and understood.

For the avoidance of doubt, the Blackbook Ink Terms & Conditions are what govern the job and services provided.

 

Assignment of work:

As part of our commitment to providing excellent customer service we aim to ensure that we deliver a high standard of service and workmanship and that the customer is completely satisfied with the works carried out under the terms of the agreement. If you are not satisfied with the standard of work for whatever reason, we will endeavour to remedy the issue. Any grievances should be brought to our attention by email within 5 days of the completion of works. Blackbook Ink should be given first opportunity to carry out any repair or remedial works required. If any third party is allowed access for remedial works without Blackbook Ink prior knowledge, the customers contract with Blackbook Ink shall be rendered void with immediate effect. Blackbook Ink will not accept liability for any remedial works carried out by a third party whatsoever.

 

Payment Terms:

Our payment terms are strictly 7 days from date of invoice. A deposit may be required prior to works, with the remainder being paid immediately upon completion of works.

Unpaid accounts:

In the event that Blackbook Ink cannot recover any outstanding amounts after a reasonable amount of time, we will employ the services of a debt collection agency. The client accepts that the debt collection agency will increase the outstanding amount to cover their costs – this fee is applied as soon as the debt is passed from us to them and usually amounts to 33% of the cost of the invoice – it is therefore strongly in your interests to settle your invoice as soon as possible to avoid these extra costs. Once the debt passes from us to the debt collection agency, we have no further involvement in the account and cannot reverse the process or any associated fees.

 

Permissions and releases:

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or previous release was requested or used which exceed the uses allowed pursuant to a permission or release.

 

Publication:

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications.

The Client may use the name of Consultant, in any advertising or publicity they wish. Likewise, the Consultant may use the name of Client, in any advertising or publicity they wish, including as part of his/her online or hard copy

portfolio or personal website. The Consultant retains the right to photograph any of his/her work.

 

Licensing:

Any design, copywriting, drawing, idea or mock-up created for the customer by Blackbook Ink, or any of its contractors, is licensed for use by 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 Blackbook Ink and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

Blackbook Ink will not be held responsible for any and all damages resulting from such claims.

Blackbook Ink is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Blackbook Ink responsible for any such loss or damage.

Any claim against Blackbook Ink shall be limited to the relevant fee(s) paid by the customer.

 

Transfer of copyright:

Should the Client wish to be sole copyright owner of all work agreed upon an “Assignment of copyright” shall be administered to the Client by the

Consultant therefore transferring all copyright ownership making the Consultant the sole owner of Intellectual properties generated by the

Consultant at a charge of x1 of the agreed upon total project fee.

 

Cancellation

Cancellation of projects may be made initially by telephone contact, or e-mail, however, following this, Blackbook Ink will need formal notification in writing to the company’s email directly from client. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing and received by Blackbook Ink within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Blackbook Ink reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Blackbook Ink, by email or in writing, is deemed to be acceptance of these terms and conditions, which are attached to each invoice.

An estimate validated by the customer’s response to the estimate or quotation form by email or payment of deposit constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Blackbook Ink.