Terms & Conditions

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Ozprintshop’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.


DEFINITIONS
As used herein and throughout this Agreement:
● “Agreement” means the entire content of this Basic Terms and Conditions document .
● “Content” means all materials, information, photography, writings and other creative content.
● “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.
● “Deliverables” means the services and work product specified in the order to be delivered by Ozprintshop to you - the Client, in the form and media specified in the order.
● “Services” means all services and the work product to be provided to you by Ozprintshop as described and otherwise further defined in the order.
● “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
● The term ‘you’ or ‘your’ or ‘yourself’ refers to the client of Ozprintshop, whether the client is a person, sole trader, partnership, company or Government Department.
● The term ‘Ozprintshop’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 63 Pearce Drive, Coffs Harbour. Our ABN is 40 957 712 075 (New South Wales). The term ‘you’ refers to the user or viewer of our website.


WEBSITE
The use of this website is subject to the following terms of use:
● The content of the pages of this website is for your general information and use only. It is subject to change without notice.
● This website uses cookies to monitor browsing preferences. This information is not stored or used by us except to monitor traffic flow.
● All information collected by us during a transaction is kept off-line. If the information is financial i.e. Credit card information - the financial information is only kept with your permission which we request verbally.
● Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
● Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You should do your own research in to the suitability of products manufactured by Ozprintshop, and not solely rely on information provided by Ozprintshop or this website.
● This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
● All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
● Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
● From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
● Your use of this website and any dispute arising out of such use of the website is subject to the laws of New South Wales, Australia


OUR COMMITMENT TO YOU
● All inks are Genuine Epson HDR Inks and not compatible ink. This ensures optimum colour, archival properties, repeatability and surface finish. 
● Where practicable we always print at the highest machine resolution, and render images for printing at 360dpi which is the internal resolution of the printer, maximising sharpness, detail, tonal range and gradation.
● We use industry standard image and document formats for all work saved to disk to minimise cross platform and varying software problems. It is not our responsibility to provide software for you to open or read saved information.
● If you determine that the product does not comply with the order components agreed to at time of order, Ozprintshop agrees to carry out any necessary and reasonable modifications without extra charge.
● We will perform the services outlined in your order on your behalf, which may include, but is not limited to, accessing your disk space, storing images, and building structured catalogues.


PRODUCT INFORMATION
● We manufacture products according to your specifications. The raw materials used are listed on this site for easy choice. Any specification of the raw materials is given by the raw material manufacturer and is subject to change without notice. We will always endeavour to keep raw material specifications up to date. Where 2 products are sold under different names (generic products) but are the same product, information about that product may have a different link or product name, but the properties remain the same.
● Any specification regarding expected life cycles (archival qualities) and keeping qualities under differing conditions is based on past experiences and technical information supplied by the raw material supplier and extensive by Wilhelm Imaging Research (http://www.wilhelm-research.com/)  and may differ in real world applications and future world conditions.
● All inks are Genuine Epson HDR Inks and not compatible ink. His ensures optimum colour, archival properties, repeatability and surface finish. 
● Where practicable we always print at the highest machine resolution, and render images for printing at 360dpi which is the internal resolution of the printer, maximising sharpness, detail, tonal range and gradation.


COLOUR ACCURACY
● We are not responsible for any colour difference between what you see and what we print as we use industry standard colour management practices and profiles.
● Unless you are using an industry compliant monitor that is colour calibrated and managed, we expect there to be a difference between what you see on your monitor to what you see on ours (Eizo Flexscan S2100 calibrated with an Eye-One)
● Unless you are using a colour calibrated and managed printer, we expect there to be a difference between what you print and what we print (Epson 9900, linearized and printed using profiles specifically made for each individual material/substrate used).
  
COSTS
● Services supplied, costs and rates are limited to what is specifically set forth at the time of order. Any additional services will require an additional order unless authorised to do so in the original order. We reserve the right to adjust our service and rates after this period.
● Changes and additions outside of the scope of your order will be quoted and invoiced to you. You will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, framing,  shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to GST.
● Production schedules will be established and adhered to by both you and Ozprintshop. Where production schedules are not adhered to by you, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for your delays, if the delays result in an increase in time to manage or deliver the order.
● Estimates are based on a reasonable time schedule, and may be revised to take into consideration your requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate. Overtime is defined as between 6.00pm – 9.00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.

● You agree to pay Ozprintshop in accordance with the terms specified in each proposal/estimate/quotation/order. For large orders over $200 you will be required to pay 30% of the projected cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the order/project.

● If you fail to pay any invoice, Ozprintshop reserves the right to withdraw the order or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to you, as well as work performed, may be retained as security until all just claims against you are satisfied. Ozprintshop will charge a late payment fee of 2% per month on the outstanding amount. You are responsible for any debt collection fees which may come due.
● In the event of cancellation of the order/project prior to completion, you must pay Ozprintshop a fee for work completed, based on the contract price and the expenses already incurred.


CONFIDENTIALITY
● We respect your confidentiality.
● Ozprintshop will not disclose to any third party or use, other than for the purposes of the order, any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this order, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by you.
● This obligation of confidence will cease to apply in relation to information that Ozprintshop is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Ozprintshop of its obligations of confidence under this Agreement.


SUBCONTRACTORS
● Ozprintshop reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.


PROMOTION
● For websites Ozprintshop is confident that your expectations will be exceeded and as such is notifying you that Ozprintshop reserves the right to use your website, associated graphics and any unused ideas and development in the promotion of Ozprintshop services. You agree to allow Ozprintshop to retain a credit and link from the footer of the website.


COPYRIGHT
● You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to prinitng or publication, any necessary legal clearance of materials Ozprintshop uses for this project/order. You indemnify Ozprintshop against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of yourself.


PROJECT COPYRIGHT
● For websites - after acceptance of the website and payment of all sums due by the CLIENT, Ozprintshop agrees to assign perpetual and unrestricted copyright to use any materials produced by Ozprintshop as outlined in this order to the CLIENT including exclusive usage rights to unique graphics.
● Ozprintshop reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this order unless specified.
● Ozprintshop reserves all rights to licence (open source) and release all software code including website templates developed under this agreement.
● Ozprintshop will not charge additional licencing fees on open source software.
● The CLIENT indemnifies Ozprintshop against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.
● All software and components not developed by Ozprintshop retain the original licence and terms associated with them. Ozprintshop cannot assign any rights to the CLIENT and the CLIENT agrees to be bound by the original Author’s terms.


FORCE MAJEURE
● Ozprintshop shall not be deemed in breach of this Agreement if Ozprintshop is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Ozprintshop or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Ozprintshop’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Ozprintshop shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.


LIMITATION OF LIABILITY
● The services and the work product of Ozprintshop are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Ozprintshop parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement/order. In no event shall Ozprintshop be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Ozprintshop even if Ozprintshop has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.


TERMINATION
● Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the CLIENT, Ozprintshop shall have the right to bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement.
● If additional payment is due, this shall be payable within fourteen days of the CLIENT’s written notification to stop work. In the event of termination, the CLIENT shall also pay any expenses incurred by Ozprintshop and Ozprintshop shall own all rights to the work. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.

COPY
● All text must be supplied in digital format (TXT, RTF, HTML, MS Word, Open Office, InDesign).


IMAGES
● Graphics and photographs are to be supplied in digital format to Ozprintshop. Photographs must not exceed a file size of 50mb each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing.


BRANDING
● All logos and branding must be provided in a industry standard vector format (preferences are: EPS, PDF, Illustrator).