Terms and Conditions.

1. PARTIES TO THE CONTRACT

This agreement is made between Firefly Graphics & VA Services (FFGVAS) and the Client, as detailed on the Estimate / Proposal.

2. DESCRIPTION OF SERVICES

FFGVAS will provide the services described in the estimate/proposal/ invoice (collectively “Services”). The Services generally include: Graphic Design and/or Virtual Assistant Services.

3. PAYMENT FOR SERVICES AND EXPENSES

In consideration of the provision of the Services the client will pay FFGVAS as per the agreed method of (direct transfer or credit card) and/or receipt of invoice for hours billed based on the estimate. The Client agrees to pay any and all reasonable expenses incurred by FFGVAS in connection with the Estimate/Proposal. The Client also agrees to pay a 50% deposit when required before the commencement of works with the balance due on completion of the work in full unless stated otherwise.

It is a term of this agreement that “The Client” as referred to in Clause 1 hereby acknowledges and agrees that all costs associated with the recovery of any overdue accounts are payable by “The Client”. This includes, but is not limited to, any overdue fees applied to the account, debt collection costs, court action and any other costs associated with the recovery of fees due and payable. “The Client” hereby indemnifies FFGVAS of any costs or actions, legal or otherwise arising from this procedure.

Note: The payment of a deposit or payment in full shall be accepted as the Client’s acceptance of the Terms & Conditions in lieu of the Terms & Conditions being signed.

4. TERM / TERMINATION

This Agreement may be terminated by either party at any time by giving to the other not less than 48 hours notice in writing either via email or post. If work has begun on the project FFGVAS reserves the right to retain any moneys paid in advance or charge a reasonable amount for work performed in respect of which work no fees have previously been charged.

5. RELATIONSHIP OF PARTIES

It is understood that FFGVAS is, and shall remain an independent contractor with respect to the Client and not an employee of the Client.

6. WORK PRODUCT OWNERSHIP

FFGVAS presently assigns to the Client all existing and future intellectual property rights in all inventions, models, designs, drawings, plans, software, reports, proposals and any other materials created or generated by FFGVAS (whether alone or with the Client, its other employees or contractors) for use by the Client upon full payment of services. However FFGVAS reserves the right to use such work for promotional purposes, eg. portfolio, social media, website etc. where appropriate. If the Client wishes that certain works not be used in such a way then they shall provide that in writing.

7. CONFIDENTIALITY

FFGVAS will not at any time disclose to any third party any information that is identified as confidential by or to the Client. FFGVAS will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of the Agreement. Upon termination of this Agreement FFGVAS will return to the Client all records, notes, documentation and any other such items that were used, created or controlled by FFGVAS during the term of this Agreement.

8. ENTIRE AGREEMENT

This Agreement contains the entire Agreement of the parties and supersedes any and all previous representations, warranties, undertakings and Agreements.

9. SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

10. NOTICES

Any notice may be given by delivering it to the other party by registered post or email or otherwise allowed by law.

11. DELIVERY

The parties may agree on a timetable for delivery of Services, which also forms part of the Agreement.

12. RESTRAINT OF TRADE

During the life of this Agreement FFGVAS must not within the local area relevant to both parties:

  • Prepare to be or be involved in any way (including without limitation) as a director, employee, consultant, adviser, contactor, agent equity holder, partner, member or shareholder in any business that is the same as or substantially similar to that part of the Client’s business in which FFGVAS was engaged during the last 2 months of the engagement unless the Client is agreeable to
  • Solicit or accept any approach from any person who was at any time during FFGVAS’s engagement a client or customer of the Client to obtain that person’s custom in a competing
  • Interfere in any way with a relationship between the Client and its Client’s customers, employees or

13. LIABILITY

FFGVAS shall not be held liable in any way or by any means for any direct or indirect, special consequential damages, resulting from any documents produced or services provided by FFGVAS. The sole responsibility for content of any document produced by FFGVAS rests with the Client. Furthermore FFGVAS shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond FFGVAS’s reasonable control. This also includes sub-standard work by any printing company or the like however FFGVAS do their utmost best to use only those companies with quality products. FFGVAS hereby revokes any vicarious liability that may arise in matters with the Client.

14. INDEMNITY / INSURANCE

The Client agrees to indemnify FFGVAS from any claim or demand, including solicitors fees and/or legal actions, arising out of your use of FFGVAS’s services, including any violation of this Agreement by the Client or any other person using the Client’s account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by customers, and infringement of intellectual property or other rights.

15. CHOICE OF LAW

The applicable law to the Agreement and to disputes arising out of the subject matter of this Agreement is the law in the jurisdiction of the state of Western Australia.

16. PAYMENT GUARANTEE

If the Client is a corporation (and not listed on any Australian Stock Exchange), the provisions of this clause shall apply.