Trading Terms And Conditions

SPECTRUM GRAPHIC MEDIA and NATIONAL FASHION NETWORK
TERMS AND CONDITIONS OF TRADING

These conditions refer to all work produced by –
Geoffrey Cavanagh OR Spectrum Graphic Media OR National Fashion Network.
(As well as subsidiaries and associated organisations.)
Note: National Fashion Network is a Subsidiary of Spectrum Graphic Media.

By reading the below Terms and Conditions and engaging ‘Spectrum Graphic Media and National Fashion” for our services and products you automatically agree to these Terms and Conditions. You read and understand the Terms and Conditions before engaging our services.

QUOTATIONS NO FREE WORK.
(Prospective client are NOT to contact or approach us if requiring FREE work.) (TFP for special circumstances)
ALL work quoted at Industry Standard rates. (Discounts made under special circumstances.) Charities and Not-For-Profits by negotiation if necessary.
Job to be booked minimum 1 week in advance. (The more time the better)
Note: Clients are to determine their own ability to pay for our services BEFORE the booking is made work is commenced.
Editing will NOT commence until payment is made.
Late payment attracts late fees of 25%.

Only 1 set of changes permitted. Payment required for further changes.

All fees to be settled before Video or products are made available to the client (or publically available.)
All prices quoted are for acceptance within fourteen (14 days).
Quotations are based on the current cost of production (materials, wages etc) and they are subject to amendment by ‘Spectrum Graphic Media and National Fashion Network’ before or after the acceptance to meet any cost variation or general price change between the date of quotation and the completion of work.
When estimates are based on clients’ instructions, additional costs incurred by ‘Spectrum Graphic Media and National Fashion Network’, as a result of variation by the client or by the manuscript being poorly prepared, will be charged against the client.
All quotes must be in writing, in official form and should not be solely verbal. Any written Contract Agreements will state any other conditions or changes to this original document.

SALES TAX Artwork purchased from ‘Spectrum Graphic Media and National Fashion Network’ is conditionally exempted of Sales Tax under Exemption Item 24(3) in Schedule One of the Sales Tax (Exemptions and Classifications) Act 1992 or later.
Sales Tax will be charged if a correctly completed conditional exemption certificate is not supplied by the client. The onus is on you.

INSTRUCTIONS FROM CLIENT ‘Spectrum Graphic Media and National Fashion Network’ will endeavour to ensure accuracy, but will not be responsible for any errors or omissions made whether or not due to misinterpretation or oversight by ‘Spectrum Graphic Media and National Fashion Network’ of the client’s instructions.
No employee or agent of ‘Spectrum Graphic Media and National Fashion Network’ has any authority to waive this or any other condition or to make any representation, warranty, condition or collateral contract binding upon ‘Spectrum Graphic Media and National Fashion Network’.

PROOFS (hard copy and electronic) Any client’s additions or alterations to copy when a proof is submitted or re-arrangements of type, layout, design or illustrations, etc, will be charged for as author’s corrections.
No responsibility or liability will be accepted by ‘Spectrum Graphic Media and National Fashion Network’ for any error or omission in proofs passed by the client.
Nor will ‘Spectrum Graphic Media and National Fashion Network’ accept responsibility or liability when the client requests Spectrum Graphic Media and National Fashion Network to approve artwork or colour proofs on the client’s behalf.

AUTHOR’S CORRECTIONS
Author’s corrections or changes requested after final approved “Media Products” have been delivered, will be considered to be ‘new work’ and shall be charged as an extra.

CLIENT PROPERTY
All client property and materials supplied to ‘Spectrum Graphic Media and National Fashion Network’ (including those in transport) are held at client’s own risk.
‘Spectrum Graphic Media and National Fashion Network’ accepts no responsibility or liability for any loss or damage or both to client property or materials or both unless otherwise agreed to by ‘Spectrum Graphic Media and National Fashion Network’ in writing.
Insurance is the clients’ responsibility.
All wastage and spoilage of material supplied by the client shall be borne by the client. ‘Spectrum Graphic Media and National Fashion Network’ will also make every effort to return to the client as promptly as possible all client property and material for which the client has paid.
‘Spectrum Graphic Media and National Fashion Network’ cannot release any photographs, illustrations, lettering, videos, or other artwork or “Media Products”: which is specifically owned by those who produce such artwork. Any transfer of ownership can only be signed away by these suppliers directly.

ELECTRONIC DATA
It is in the client’s interest to only supply a copy of the original data.
‘Spectrum Graphic Media and National Fashion Network’ will not be held responsible or liable for any loss or damage to data supplied by the client.

COPYRIGHT AND TRADEMARKS
Copyright of all components and finished art, “Media Products” and all materials produced and paid for in connection with the production of any finished art or “Media Products” shall become the property of the client.
Any design ideas which are not accepted and paid for by the client become property of ‘Spectrum Graphic Media and National Fashion Network’ which will be free to use such designs in its absolute discretion.
‘Spectrum Graphic Media and National Fashion’ does not use commercial or Copyrighted music (unless otherwise agreed) and will not be held liable for any breaches of Copyright.
We only use license paid Royalty Free Music form respected suppliers.
Please respect the License Conditions attached to Music, Video and Images used in “Media Products”, including Royally Free products.

All “Media Products” including Logos, illustrations, video, photographs, and product designs (under copyright law) remain the property of ‘Spectrum Graphic Media And National Fashion Network ‘unless transfer of copyright has been made in writing. Transfer of Copyright is at the absolute discretion of ‘Spectrum Graphic Media and National Fashion Network’. See rules of copyright in separate publications.

‘Spectrum Graphic Media and National Fashion Network’ and its employees and contractors make all possible efforts not to breach Copyright of Trademarks and performs extensive research. However, we cannot be responsible for any breaches in Australia or Internationally.
For Questions about Copyright refer to Australian Copyright Council (02) 9318 1788 (OR Australian Graphic Design Association OR The Illustrators Association Of Australia, as well as other Design and Media Institutes).
ON LOCATION VIDEOGRAPHY OR PHOTOGRAPHY It the Client’s responsibility to have the appropriate insurances for the event.
Provide a safe working environment.
Shelter from weather conditions.
Control crowds and patrons, and ensure they do not interfere with our operations or equipment.
Provide safe storage for our Videography and Photography Equipment.
The event and venue are to supply sufficient Industry Standard Lighting.
The event and venue are to supply sufficient Industry Standard Audio.
Suitable place for Videography and Photography Equipment can be stationed during the event.
‘Spectrum Graphic Media and National Fashion’ Staff and Contractors will try to keep disruption to audiences and the events much as possible.

NOTE
It is scientifically and physically impossible to replicate colours exactly as they appear to the human eye due to limitations of the equipment, editing software and physics. The client MUST allow for this when checking images and Spectrum Graphic Media and National Fashion Network’ is not liable for variations.

SAMPLES ‘Spectrum Graphic Media and National Fashion Network’ reserves the right to use or reproduce any work or “Media Products” as samples.

CLAIMS All
claims or demands against ‘Spectrum Graphic Media and National Fashion Network’ shall be made in writing within Seven (7) days after receipt of “Media Products” by the client from Spectrum Graphic Media and National Fashion Network.
No claim or demand shall be recognised or accepted by ‘Spectrum Graphic Media and National Fashion Network’ after this period.

DELIVERY OF “MEDIA PRODUCTS” AND PAYMENT
Delivery of “Media Products” shall be accepted and payment shall become due upon notification that “Media Products” are ready for delivery.
All payment of “Media Products” shall be by EFT cash or approved cheque unless other prior arrangements have been made with ‘Spectrum Graphic Media and National Fashion Network’.
No Credit Accounts.
No discounts on “Media Products” or services will apply unless otherwise given in writing. And will revert back to full payment terms after 4 weeks.
Our terms are strictly seven (7 days) unless negotiated and approved.
25% Deposit is required before production begins.
All fees to be settled before Video or products are made available to the client (or publically available.)

Due to the large volume of work being processed at any one time, multiple time consuming jobs, resources required, equipment requirements, extra staff required, as well as extended operation times (16/7) etc,:
• Videos generally have a minimum turnaround time of 2 weeks. (Longer if larger projects, eg . Weddings, etc can up to 3 months.)
• If jobs require very, quick turnaround, then more staff are employed, so a surcharge or 25% may be applied.)

All reasonable attempts will be made to contact client. (3x only by messenger, phone, email, SMS.)
The work or product will be disposed of if in arrears by over 6 months.

PRICE RISES
Please Note: Due to the extremely high costs of professional videography / photography equipment
• Extremely high cost of professional editing systems.
• High wages and multiple staffing / contractors.
• Very time and resource intensive editing. (16 hrs per day, 7 days per week)
• Tight deadlines for multiple jobs.
• Higher quality and expectations / standards of clients.
• Increased technology costs
Extra requirements of multiple camera operators, multiple camera systems, special audio and lighting and other special requirements.
Most of these costs are included in your current package.
But price increases are inevitable is the near future, and may vary without notice.

FORCE MAJEURE
Performance of the work or delivery or both may be suspended by ‘Spectrum Graphic Media and National Fashion Network’ in the event of any strike, lockout, trade dispute, fire tempest, breakdown, riot, theft, crime, civic disturbances, war, force majeure, legislation, the inability of ‘Spectrum Graphic Media and National Fashion Network’ to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery of work and no responsibility or liability shall be attached to ‘Spectrum Graphic Media And National Fashion Network’ for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of ‘Spectrum Graphic Media and National Fashion Network’.

CANCELLED ORDERS
Orders cannot be cancelled except on terms which will compensate ‘Spectrum Graphic Media and National Fashion Network’, for all work performed and for all materials used or purchased on behalf of the client to the date of cancellation.

LIABILITY
‘Spectrum Graphic Media and National Fashion Network’ shall not be liable for consequential or indirect loss arising from third party claims nor from client claims due to any error or omission made in carrying out the work or delay in delivery times, and the client hereby indemnifies and will continue to indemnify ‘Spectrum Graphic Media and National Fashion Network’, its servants and agents from all actions, claims and demands whatsoever (whether in contract or tort) arising out of all matter contained herein.
It is the client’s responsibility at all times to check the total design and specifications, samples and products of all work produced by Spectrum Graphic Media and National Fashion Network.
‘Spectrum Graphic Media and National Fashion Network’ endeavours to take all care and meet all specifications and it does not accept any responsibility or liability after the client has approved the “Media Products” proofs or designs. Spectrum Graphic Media and National Fashion Network’ is insured.
‘Spectrum Graphic Media and National Fashion Network’ will not be held liable for Social Media issues or Video / photography Website or Distribution malfunctions.
‘Spectrum Graphic Media and National Fashion Network’ Fashion’ does not use commercial or Copyrighted music (unless otherwise agreed) and will not be held liable for any breaches of Copyright. We only use license paid Royalty Free Music form respected suppliers.

‘Spectrum Graphic Media and National Fashion Network’ and its employees and contractors make all possible efforts not to breach Copyright of Trademarks and performs extensive research. However, we cannot be responsible for any breaches in Australia or Internationally.

COMPANY PURCHASE ORDERS IF SUPPLIED
Unless expressly agreed in writing by ‘Spectrum Graphic Media and National Fashion Network’, any omission, variation or addition to these conditions in the client’s purchase order, will be excluded. THE CLIENT Clients of ‘Spectrum Graphic Media and National Fashion Network’ must do business with ‘Spectrum Graphic Media and National Fashion Network’ in an honest, reliable and lawful way at all times and must not knowingly lie, deceive, thieve or use products unlawfully in Australia or anywhere else in the world by ANY means.

CONFIDENTIALITY
All information shared between ‘Spectrum Graphic Media and National Fashion Network’, Staff, Contractors, Companies or individuals engaged in business with, or under market surveys, whether verbally or written form is proprietary information and subject to strict confidentiality. It will be our intention to protect our interests against any parties who would seek to undermine our market or business, by a breach of confidentiality.

RATES
The hourly rate will normally be billed at $100 (plus “extras”) per hour unless varied by ‘Spectrum Graphic Media and National Fashion Network’ management or agreement or contract, before beginning the job.
You are only permitted one set of Author’s changes per project, which is including in your package unless otherwise agreed.
Author’s changes are normally charged at $100 per hour unless varied my management. In some instances set job or project rates will apply, at ‘Spectrum Graphic Media and National Fashion Network’ discretion. Subject to review at any time without notice.
Please refer to Standard Rate Sheet.

SPECIAL OR URGENT CIRCUMSTANCES OR URGENT DELIVERY
A 50% surcharge applies to ‘Same Day Callout’
25% surcharge applies to “Next Day Callout”.
100% surcharge applies to ‘Next Day Delivery’ of ANY product.
Urgent Delivery (usually within the normal runaround time of 2 weeks) attracts a further 25% loading.
Note: All of the above requires hiring of extra staff or contractors, working through the night, over holidays, public holiday, sick times and weekends. As well as prioritizing your work before multiple clients other urgent work. Thus surcharges are necessary.
See below.

TIMELINSESS AND DEADLINES.
‘Spectrum Graphic Media and National Fashion Network’ and associated staff and contractors are committed to provided services by agreed deadlines, however due to circumstances beyond our control, technical, illness, and communication failures, we will not be held liable as a result of work not meeting a deadline.
It is also the client’s responsibility to allow enough time for the work to be processed, normally a minimum of 2 weeks.

SUPPLY OF WORK OR FILES
‘Spectrum Graphic Media and National Fashion’ does not normally supply the RAW camera files and is not part of the normal arrangement. If you require the raw files you may be charged extra as well as extra for the storage medium that it is delivered on. We are not responsible what you do with the files after we supply them to you.

CREDIT INVESTIGATION AND REPORTING
‘Spectrum Graphic Media and National Fashion Network’ as well as subsidiaries and organizations they work for or represent, DO NOT offer credit on work.
When dealing with ‘Spectrum Graphic Media and National Fashion Network’ we reserve the right to investigate as well as repot to Credit Rating Agencies, as well as investigate with previous suppliers or employers of your status.
You may be asked for proof or you Credit status and well as 100 points of identity, including your address and contact details. (Confidencial)

ARICHIVAL OF MATERIAL
‘Spectrum Graphic Media and National Fashion Network’ has an extensive electronics and hard copy archival and backup system. Some items have been stored for 30 years. However your files will only be archives for a maximum of 5 years.
‘Spectrum Graphic Media and National Fashion Network’ will not be held responsible for loss of data or files. Electronic failures can easlily happen and is not guaranteed as safe.
Security of our files is high, with security systems in place, deadlocks, cameras, tethers, GPS, alarms. ‘Spectrum Graphic Media and National Fashion Network’ are not always able to protect data and equipment from theft or destruction.

EDUCATION AND VET INDUSTRY
‘Spectrum Graphic Media and National Fashion Network’ is not a licensed RTO. However, Geoffrey Cavanagh is a trained and Certified ‘Trainer and Assessor’ with qualifications and 45 years in 5 owner operated businesses in–
• Printing and Graphic Arts Industry (Whole of Industry)
• Graphic Design and Finished Art
• Software Training
• Interactive Digital Media / Multimedia
• Web Design and Digital Production
• Graphic Prepress and related fields
• Screen and Media / Videography
• Certificate IV in Business
• Diploma of Leadership and Management
• Advanced Diploma of Leadership and Management
• Fine Art, Illustration and Design
• Instructional Design as well as others

We attempt to provide Educational Services (normally under contract) to the best of our ability and within the guidelines of the VET Industries frameworks and honor all contractual responsibilities.
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Note: “Media Products”: refers to items produced by Spectrum Graphic Media and National Fashion Network, such as:
• Videos (all forms)
• Photography
• Animations
• Artwork
• Web Pages
• Illustrations
• Graphic Design
• Educational Material and Documents
• Education Services
• Printed Matter (all forms)
• Prepress Services
• Multimedia Services
• Social Media items
• Promotional Material
• Sub-Contractor’s Work
• Other Products as request by the client

“Extras” Refers To:
• Extra Services
• Extra Editing
• Extra personnel
• Extra Equipment
• Parking and Travel Time
• Extra Editing Resources

Version 09_2018