Terms & Conditions
Terms & Conditions
1.1 Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between Popup Media Pty Ltd (PM) and the customer, which may be updated by PM from time to time without notice to the customer.
In these Terms and Conditions:
Business Day refers to a day on which banks are open for general banking in the State or Territory in which the production premises are located;
PM refers to Popup Media Pty Ltd ABN 79 626 581 744;
Customer refers to person, persons’ firm, corporation, or statutory organisation to which the correspondence is addressed;
Estimate refers to the approximation underlined in sub clause 2.1 (b) (as amended in accordance with clause 2.4);
Goods refer to the final products produced by PM and the printer at the completion of the order;
GST refers to a New Tax System (Goods and Services Tax) Act, 1999;
Interest Rate refers to the total of two per cent (2%) and the rate Commonwealth Bank of Australia levies from time to time on Overdraft Accounts exceeding One Hundred Thousand Dollars
Order refers to the work required to be done in order to fulfill the customer’s instructions;
Quote refers to ‘Quote’ described in clause 2.1;
Cut-off time refers to the time of daily confirmation gateway; confirmation after the cut off time is processed the following business day accordingly;
AEST means Australian Eastern Standard Time;
Schedule refers to the time frame required before and after payment confirmation until the goods are ready for pickup and/or delivery;
In these Terms and Conditions, unless the context otherwise requires:
(a) A reference to a clause is a direct reference to a section in these Terms and Conditions unless specified;
(b) A reference to a party or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(c) Where an expression is defined, another part of speech or grammatical form of the expression has corresponding meaning;
(d) A reference to a period of time (including without limitation, a year, a quarter, a month and a day) is to a calendar period;
In these Terms and Conditions the headings are for convenient references only and do not influence any interpretation.
1.5 Business Day
If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:
(a) If it involves a payment other than a payment which is due on demand, must be done on the preceding business day; and
(b) In all other cases, may be done on the next business day.
1.6 Daily Cut-off times
If the customer cannot fulfill requirements prior to the cut off times, the order will be treated as next business day’s order:
(a) Order confirmation time (including artwork submission) – 14:00 (AEST)
(b) Artwork confirmation time – 16:00 (AEST)
(c) Payment confirmation time – 16:00 (AEST)
All confirmations including quotation, order and artwork confirmations must be submitted in writing (e-mail); PM will not accept any verbal confirmations.
(a) A schedule including production days, target dispatch date and target arrival date is included in the quotation. This is only an indication of our targeted schedule, not to be used as PM’s guarantee or promised turnaround time or schedule
(b) Our standard turnaround time is between 3-7 business days from payment confirmation date until the goods are ready for pick up and/or dispatch, depending on the product or service required. Turnaround time may vary depending on the quantity and size of the order and/or number of artworks supplied
2. QUOTES/ PROFORMA INVOICES/ TAX INVOICES
(a) PM to supply quotes
The PM may, if requested by the customer, give the customer a quote specifying:
(i) The work required to be done in order to fulfill the customer’s instructions; and
(ii) An estimate of the charge for the performance of such work.
(b) Acceptance by customer
Where PM has given the customer a quote:
(i) PM will not commence work until the quote has been accepted by the customer
(ii) The customer may accept the quote by instructing in writing to commence work
(iii) Acceptance by the customer of the quote will constitute acceptance by the customer of these Terms and Conditions
(c) Quote evidence of instructions
If a written quote is accepted by the customer, the work that is subject of the quote shall be carried out and the customer shall pay for the work in accordance within the Terms and Conditions.
(d) Validation of Quote
All quotations will be valid for a maximum of 15 business days. Only PM formal written quote will be accepted as the quotation price.
2.2 Proforma Invoices
(a) PM to supply Proforma Invoice
After quotation has been confirmed, PM will provide customer with a proforma invoice specifying:
(i) Customer has confirmed the quotation supplied by PM;
(ii) The work required to be done in order to fulfill the customer’s instructions; and
(iii) An estimate of the charge for the performance of such work
(b) Acceptance by customer
Where PM has provided a proforma invoice to the customer:
(i) PM will commence work after artwork and payment confirmation
(c) PM may revise Estimate
PM may amend the Estimate before the order has been completed to take into account any rise or fall in the cost of performing the order and PM shall notify the customer of such amendments, as soon as practicable thereafter. Upon PM giving the customer notification of such amendments, the estimate shall be deemed to be the estimate for the purposes of these Terms and Conditions.
(d) Validation of Proforma invoice
All proforma invoices will be valid for a maximum of 15 business days. Only a PM formal written proforma invoice will be accepted as the order price.
(i) All amendments must be requested via email, PM will not accept any amendments verbally.
(ii) Additional business days may apply for amendments after daily cut-off times described in clause 1.6.
2.3 Tax Invoices
(a) PM to supply tax invoice
After artwork and payment confirmation, PM will provide a tax invoice specifying:
(i) Customer has confirmed the artwork proof supplied by PM;
(ii) The work required to be done in order to fulfill the customer’s instructions; and
(iii) A final charge for the performance of such work
(b) Paid invoice
PM can provide paid tax invoice
2.4 Errors and omissions
It is the customer’s responsibility to ensure that the details on the quotes/ proforma invoices/ tax invoices are correct; PM will not take any responsibility for whichever inaccuracy in the order.
Subject to clause 5.3 when the artwork has been confirmed, PM will issue an invoice for the amount of the estimate or, if no estimate was made, for an amount representing PM’s charge for the work done in filling the order, and for any of the other charges specified in clause 3.2
3.2 Additional Charges
In addition to the amount of the estimate, or where no estimate was given, in addition to the amount representing PM’s charge of work done, PM may charge to the customer; minimum (or above) $50+GST (PM standard administration fee):
(a) Fees for any preliminary work performed at the customer’s request;
(b) Fees for additional work required to be done as a result of the customer changing instructions;
(c) Fees for having to work with low resolution artwork;
(d) Fees for work which involves tables or foreign language without any notification prior to the preparation of the quotation;
(e) Fees for additional work required to be done as a result of customer’s corrections;
(f) Fees and other charges for work required to be done urgently, including any overtime costs;
(g) Fees for handling or storing material or equipment supplied by the customer for the purpose of the order;
(h) Fees for changing or correcting, in order to ensure that the goods are properly produced, any artwork or document including computer files supplied for the purposes of the order by the customer.
(i) Freight costs and charges;
(j) Fees for awaiting/redirection/redelivery;
(k) Other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.
3.3 For the purpose of these Terms and Conditions:
(a) The term “PM’s charge” refers in each case to the standard or usual fee charged by PM from time to time in respect of order;
(b) “Preliminary work” means all administrative work performed by PM at customers request, the performance of work which is required to commence the order within reasonable examination by PM prior to the provision of the estimate
(c) “Additional work” includes all work undertaken by PM as a consequence of customer requested variation, alteration or modification in relation to the order; and
(d) “Freight cost and charge” includes all costs and expenses incurred by PM to dispatch the goods from its premises for delivery to the customer.
(e) “PM Standard Administration fee” covers ANY additional administrative work required to be performed by PM after a job has been approved for production work including approval for graphic design.
PM shall notify the customer when the goods are ready for collection.
The customer must collect the goods from PM’s premises upon being notified that the goods are ready for collection. If PM agrees to deliver the goods, the customer shall bear all freight costs and charges of such delivery.
(a) Pick up
(i) Customers pick up – Customers are required to sign upon pick up by accepting the quality and quantity of the goods. The job/invoice number and company name must be quoted to protect the goods and eliminate any errors.
(ii) Pick up via courier (organized by customer)
(a) Job/invoice number and company name must be provided at the time of pickup. Failure to do so may delay the pickup process by up to 30 minutes.
(b) PM will not be liable to complete any forms/documents requested by the courier, it is the customer’s responsibility to provide corresponding form/documents to PM, one business day before pickup date.
(c) PM will not be responsible for extra delivery cost and/or delay due to lack of information provided by the driver during pick up.
(d) PM will accept no responsibility for works not collected within 14 days of notification of availability for collection.
(i) Customer must ensure someone is available to receive the goods between 9am - 5pm of the target delivery date on the tax invoice. If unattended, extra fee will apply for any re-delivery/re-direction/awaiting fee. If additional delivery takes place such as re-direction, the customer must bear all extra costs.
(ii) The target date on the invoice is only an estimated delivery date of the goods. PM will not be responsible for any amendments caused by the courier company or effected in transit.
Subject to clause 7.1 the customer may only reject the goods if they do not comply with the instructions. If the customer wishes to reject the goods, the customer must notify PM of the rejection in writing and return the goods only after official consent.
(a) The risk for the goods passes to the customer:
(i) If PM agrees to delivers the goods to the customer’s premises – at the time of departure from PM premises;
(ii) Otherwise – at the time PM notifies the customer, that the goods are ready for collection
If the customer is entitled to reject the goods in accordance with these Terms and Conditions, risk reverts to PM at the time the customer notifies the PM, that the goods are rejected.
4.5 Refund and Returns
PM will not allow any refunds unless there is error on PM’s behalf. Refund value will be less or equal to the sold price of the product excluding shipping charges. PM will not be responsible for any charges by the bank or third party including but not limited to Fees or interests.
5.1 Types of Payments Terms
PM offers two types of payments:
(a) Prepaid - The order will not be processed until the customer pays the total amount stated on the invoice;
(b) If the invoice specifies a different payment period then the customer shall pay the amount stated on the invoice by the target date.
5.2 Payment method
PM accepts credit cards, direct debit (EFT) or Cheque:
(a) Payment via credit card – PM accepts Master or Visa card with no surcharge and American Express with 3% surcharge (automatically applied on the invoice).
(b) Payment via direct debit (EFT)
(c) Payment via Cheque (not recommended) – PM will only process the order after the Cheque has been cleared. This will delay the production of customer’s order.
Payment terms have been indicated where “Account Terms” are specified on the proforma/tax invoice. If it specifies “Prepaid” then full payment must be made.
There may be price differences between proforma invoice and tax invoice due to last minute amendments requested by the customer, PM will treat the charges on the tax invoice as final invoice amount.
5.4 Payment Delay
(a) If the customer cannot fulfill the payment timeframe on the invoice, then:
(i) The goods may not be allowed for pickup/dispatch; or
(ii) The schedule may be amended by PM and/or additional charges may apply; or
(b) An updated production schedule will be emailed to customer once the payment has been confirmed
(c) PM will not be responsible for any delays if the payment details have not be provided or forwarded to the required personnel’s stated in clause 5.2
PM may charge interest, at the interest rate on amounts not paid within the time specified in clause 5.1
6.1 Retention of Ownership
Until the customer has paid all sums outstanding in relation to the goods:
(a) Title of the goods shall not be passed on to the customer
(b) If the goods are in the customer’s possession, the customer shall hold the goods as trustee for PM and must store the goods so that they are clearly identifiable as the property of PM.
(c) PM may call for and recover possession of the goods (for which purpose PM’s employees or agents may enter the customer’s premises and take possession of the goods, without liability to the customer) and the customer must deliver the goods to PM, if so directed by PM.
(d) The customer may, in the ordinary course of the customer’s business, sell the goods to a third party but:
(i) The proceeds of sale to the third party shall be held by the customer as trustee for PM and the customer account to PM for those sums and if those sums are insufficient to cover the outstanding amounts then the customer shall remain liable, and
(ii) If PM requires, the customer shall assign to PM the customer’s claim against the third party and shall execute all documents necessary to effect that assignment
6.2 General Lien
PM shall in respect of all sums owned by the customer to PM hereunder have a general lien on all property of the customer in PM’s possession and may after 14 days’ notice to the customer sell that property and apply the proceeds (net of any sales costs) in satisfaction of all or any part of the sums owed. In the event that any of the customer’s property held by PM as aforesaid enjoys copyright protection in favor of the customer, the customer hereby grants to PM a license to exercise the rights conferred on PM under this clause.
7.1 Artwork/Design Proofs
If PM submits artwork/design proof to the customer for the goods:
(a) PM will not be responsible for any discrepancies in original artwork after the artwork has been approved
(b) PM will not be liable for any incorrect artwork provided by the customer
(c) Any changes after artwork and payment confirmation will incur PM standard administration fee
7.2 Liability of Goods
Customer will become the owner of the goods after the goods have been delivered or picked up. After the goods are in possession, the customer will be responsible for insurance as the goods will be held at the customer’s risk and PM will not be liable for any loss or damage
7.3 Non-excludable Rights
The parties acknowledge that under applicable State and Commonwealth Laws, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred in relation to the provision of the goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”)
7.4 Disclaimer of Liability
PM disclaims all conditions, warranties expressed or implied, rights and remedies conferred from customer, by statute the Common Law Equity Trade Custom or usage to otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable rights. To the extent permitted by law, the liability of PM for breach of a non-excludable right is limited, at PM’s option to the supplying of the goods and or any services again or payment of the cost of having the goods and or any services supplied again.
7.5 Indirect Losses
Any other provision of these Terms and Conditions, PM in no circumstance (whatever the cause) will be liable in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
(a) Increased costs or expenses;
(b) Any loss of profit, revenue, business, contracts or anticipated savings;
(c) Any loss or expense resulting from a claim by a third party or;
(d) Any special, indirect or consequential loss or damage of any nature whatsoever, caused by PM’s failure in completing the order or to deliver the goods.
7.6 Electronic Data
Without limiting the generality of the foregoing clauses, PM will not be liable for loss, however caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to PM.
7.7 Customer’s Property
Subject to clause 7.5 PM will not be liable for damage, loss or destruction of any property of the customer in PM’s possession, unless the loss or damage is due to PM’s failure to exercise in due care and skill, in handling or storing the property.
7.8 Force Majeure
PM will have no liability to the customer in relation to any loss, damage or expense caused by PM’s failure to complete the order or to deliver the goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the printer’s normal suppliers to supply necessary materials or any other matter beyond the printer’s control.
8.1 Alterations to style
Prior to quote preparation, if the customer does not provide specific instructions in relation to style, type or layout:
(a) PM may use any style, type and layout which in PM’s opinion, is appropriate and;
(b) PM may charge an additional amount for any added work required to be done
8.2 Ancillary materials
Unless PM and the customer agree otherwise, drawings, sketches, painting, photographs, designs, typesetting, dummies, models, negatives, positives, blocks, engravings, stencils, dies, plates or cylinders, electros, stereos, discs, tapes, compact discs, or other media or data and other material produced by PM in the course of, or in preparation for performing the order (whenever or not in fact used for the purpose of performing the order) are the property of PM.
(a) Fees quoted for professional services do not include purchase of photos, printing, colour-matching, shipping and handling or courier service. Expenses are itemised on each invoice.
(b) If customer requires artwork on CD, PM standard administration fee applies plus courier/ delivery costs will be payable by customer.
(a) According to the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of PM till such an agreement is in place. As part of PM‘s Terms of Business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work.
(b) PM reserves the right to use all artwork produced for the purpose of promoting PM in print, publication or website, unless explicitly denied to do so by client in writing.
(c) Copyright in all artistic and literary works authored by PM shall be the property of PM.
i) Warrants that the customer has copyright in or a license to authorize PM to reproduce, all artistic and literary works supplied by the customer to PM for the purpose of the order and the customer hereby authorises PM to reproduce all and any of such works for the purpose aforesaid;
ii) Hereby indemnifies and agrees to keep insured PM against all liability, losses or expenses incurred by PM in relation to or in any way directly or indirectly connected with any breach if copyright or of any right in relation to copyright in such literary and artistic works supplied as aforesaid, and;
(d) The customer is hereby granted a non-exclusive license to use the copyright in any literary and/or artistic works authored by PM for the purpose of the order, however the exercise of such license shall be conditional upon PM having received all monies due to PM under these Terms and Conditions.
(e) Artwork, images and copy supplied by the customer, will be the customer’s own responsibility. PM will take no responsibility for copyright issues regarding such artwork, images and copy. The customer is responsible for all trademarks, service mark, and copyright.
8.5 Errors and omissions
It is the customer’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. PM will not be liable for any errors and/or omissions after the artwork has been confirmed.
All amendments must be confirmed via email, PM will not accept any amendments verbally.
Orders will only be processed after the artwork and payment has been confirmed. Artworks must be confirmed in writing via email. Production schedule will be based on the artwork/payment confirmation date. Confirmation of artwork constitutes confirmation of all job specifications, quantities, sizes, colours and any other details of the order. Any alterations or amendments requested after artwork confirmation may be refused by PM or be subject to PM standard administration fee
8.8 Additional editing and changes
(a) Assuming all aspects of the customer’s brief are met, the client is permitted to make 3 additional minor changes free of charge. Anything after this may incur additional fee/s.
(b) If the changes differ greatly from the original request, a new design fee may be issued instead, based on the complexity and time it will take to complete.
(c) All additional editing and changes requested after artwork confirmation, PM standard administration fee and extra design fees may apply, plus a new quote and amended schedule submitted to the customer for the additional changes.
If the customer wishes to cancel the job:
(a) Any changes after artwork and payment confirmation will incur PM standard administration fee
(b) After design agreement is signed off – 80% of full design fee must be paid
(c) After design proof is sent - Full design fee must be paid
The customer must not share ideas communicated by PM without PM’s written consent. Ideas must remain confidential at all times.
9. WARRANTY CLAIM
9.1 Claim period
(a) Any disputes and or claims must be submitted to PM within 7 (seven) business days from the date of receipt. Claims submitted after 7 (seven) business days, PM has the right to refuse the claim
(b) Any warranty claim must be submitted in writing to PM. Claims not supported by photographs that clearly show the product, where and how it was installed; PM may not be able to accept the claim
(c) Evidence of all components regarding warranty claim to be provided, partial evidence will only facilitate partial warranty
(d) If any of the products are delivered damaged or defective, then PM shall not have any liability, unless the customer notifies PM in writing via email within 7 (seven) business days from the date of delivery
(e) PM will not take any responsibility for work done by third party(s). After installation done by third party(s), PM may not be able to accept claims for the goods
(f) PM will not warranty any materials used or installed that do not meet recommended usage guidelines. PM will not accept liability for failure of products where a full site inspection has not been performed and broad descriptions of requirements were provided by the client.
(g) PM shall not be liable in respect of any claim, unless the aforementioned requirements have been complied with, except in any particular case where the customer proves that
(i) it was not possible to comply with the requirements and
(ii) Advice (where required) was given and the claim was made as soon as reasonably possible.
9.2 Colour Variation
PM makes every effort to display as accurately as possible.
(a) PM will not take any responsibility on colour discrepancies between artwork supplied/approved and the actual printed order, if the customer does not request and pay for the colour matching service and/or test prints
(b) PM will not take any responsibility on colour discrepancies for artworks done on different materials, different goods, different time frames
The “website” refers to PM official website www.popup-media.com.au
The website is updated regularly but information can change quickly and no member of PM guarantees its accuracy at any time. PM will not be liable for any loss of information incurred from the website, including data corruption from downloads. Information on the website is not financial advice – customer should obtain advice before making any decisions based on the information found on the website.
PM have detailed a range of products and prices on the website. Although the prices are correct at the time of printing, they are indicative only, as prices and stock may vary from time to time. PM advises customers to contact PM’s Sales Office for further information about prices and product availability.
(a) PM does not take responsibility for other websites, whether or not linked, or any devices used to access or view the website
(b) PM does not accept any responsibility for price variations or errors, availability or quality of products. No responsibility is accepted by PM for the accuracy of any statement or advice contained in the text or advertisements or the accuracy of any prices quoted.
(c) PM website has been prepared under Australian law. Nothing it states constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.
10.4 Copyright & Intellectual Property
All subjects included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property or intellectual property of PM or its content suppliers; and protected by Australian and International Copyright and intellectual property laws
11. GENERAL MATTERS
11.1 Outside work
If PM has to obtain goods (including typefaces, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by PM but obtained from a third party in order to carry out the customer’s instructions.
(a) PM will not be liable for any breach of these Terms and Conditions if that breach is a result of, or is connected with the supply of, by the third party of such goods and/or services.
(b) PM acquired such goods and/ or services as the agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to supply of those goods and/ or services must be made directly against the third party
(c) The customer must pay for such goods and or services
(d) Property in any such goods obtained from a third party and incorporated into the goods passes to PM at the time of incorporation.
11.2 Material supplied by customer
If PM and the customer agree, the customer is responsible for supplying materials or equipment for the purpose of the order:
(a) PM will not normally count or check the material and if requested by the customer to do so may charge for counting or checking
(b) PM will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials or equipment supplied by customer.
(c) Property in any materials supplied by the customer an incorporated into the goods passes to PM at the time of incorporation
11.3 Property left with PM
If the customer leaves property in PM’s possession without specific instructions as to what is to be done with it, PM may, 3 (three) months after gaining possession of the property, dispose of/or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
11.4 Responsibility to insure
PM has no obligation to insure any property of the customer in PM’s possession. The customer must pay the cost of any insurance arranged by PM at the request of the customer.
11.5 Electronic/ magnetic media
All disks, tapes, compact disks or other media (other than media supplies by the customer) used by PM to store data for the purpose of completing the order are property of PM. All artworks will be archived for 1 year from the date of receipt. PM standard administration fee may apply for retrievals more than two years. PM will not keep any hard copies, but only digital copies.
11.6 Storage of electronic data
PM will not be responsible for storing any data on disks, tapes, compact disks or other media when the order has been completed. If PM agrees to store such data, PM may charge for doing so. The customer should not assume that PM will maintain the only working copy of their artwork or designs, additional measures should be taken by the customer to protect the integrity of their artwork and designs.
11.7 No waiver
A power or right is not waived solely because the party entitled to exercise that power or right, does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Credits offer, must be redeemed within 90 (ninety) business days from the date of issue. After 90 business days, the credit will expire and become invalid.
(a) Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, if that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
11.10 Governing law and jurisdiction
These Terms and Conditions are governed by the law in force in the state or NSW and the parties submit to the non-exclusive jurisdiction of the courts of that state or territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
11.11 Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these Terms and Conditions may be accessed via PM’s website.
12. GOODS AND SERVICES TAX
12.1 All amounts are GST inclusive amounts
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.
12.2 Out of pocket expenses are GST inclusive
All out of pocket expenses referred to in these terms and conditions are GST inclusive.