Terms of Service

Before commencing any projects with Qwirki & Co., it is imperative that you (the Client) take the time to read and understand the Terms and Conditions of our service/s.

Services
The following information provides information that outlines how Qwirki & Co. provides specific services to the Client. 

Qwirki & Co. will endeavour to complete The Client’s job within The Client’s timeframe, which will be set out in writing by the Parties prior to commencing the project. However, Qwirki & Co. cannot always control how long a specific design job will take. Qwirki & Co. will provide The Client with an estimated turnaround for the required job. If during the job, Qwirki & Co. is deemed they unable to complete the job by the required deadline, Qwirki & Co. with notify The Client of a new estimated completion date.

The Client acknowledges and agrees that failure to submit required information or materials requested by Qwirki & Co., may cause subsequent delays in the project, which Qwirki & Co. will not be held responsible. Both parties agree that they will notify the other Party of any upcoming delays. 

Qwirki & Co. agrees to provide all original work to the Client, which will not be copied in whole or in part from any other work. Qwirki & Co. ensures that, they will not use any third-party content to incorporate into the final product unless the Client or Qwirki & Co. has secured the rights to said third-party content. 

If you acknowledge and accept a quote verbally or in writing (Text, Email, etc.) it is considered permission has been given to proceed with preliminary documentation and payments. Qwirki & Co. will then provide all Agreements that need to be signed and an invoice to collect an initial deposit payment that must be paid before work commence.

Payments
All monetary amounts are in Australian Dollars (AUD). Qwirki & Co. does not charge Tax (GST). Qwirki & Co. does provide a receipt upon payment of all invoices.

Qwirki & Co. accepts Credit Card Payments through Square and Stripe, Direct Deposit through Bank Transfer and cash in person. Qwirki & Co. cannot accept cheques, money orders, as Qwirki & Co. do not have a set location. Please ensure all contact details are correct when Qwirki & Co. sends you the Service Agreement, as this information is what is used to contact and invoice.

New Clients agree to pay a 50% deposit of the estimated amount quoted, at the beginning before any work commences for the Client. For returning Clients, a 30% deposit will be required before the commencement of any work. 

The Client is liable to pay for any services provided by Qwirki & Co., which could change from the initial quote, depending on the complexity of the job. Additional changes outside the scope of the quote, will incur an additional rate charged hourly, which will be provided in the Services Agreement at the beginning of the job. 

Our website provides only the base prices for jobs/packages. These prices can often change due to the complexity of jobs or due to The Client making many changes. At the beginning of every job, Qwirki & Co. will provide a quote and will only begin the job once the quote has been accepted and the Service Agreement has need signed by both parties.

Once beginning work on the project, if the work time exceeds four (4) calendar weeks in duration, the Client agrees to pay a progress payment of 50% of the current remaining balance of the project. This excludes any initial payments at the beginning of the project and includes any additional costs added. 

At the end of a job, the Client must pay the invoice within the terms (7 days) unless stated otherwise in the Services Agreement. If The Client has failed to pay the invoice, The Client agrees that Qwirki & Co. will add interest to the total outstanding amount at the rate of 10% interest per calendar month. The Client will be liable to pay the accrued interest in addition to the outstanding amount. Qwirki & Co. shall reserve the right to discontinue any work or to prevent the release of the final product until full payment has been received. 

Qwirki & Co. retains all copyright for work performed until full project costs have been paid and reserves the right to reuse or resell work undertaken in the case that the Client terminates the contract before the completion of the project. 

If you are facing any difficulties with paying your invoice, please get in contact with us as soon as you are aware of the issues via email to qwirkiandco@gmail.com.

Quotes
Qwirki & Co. will endeavour to be as cost-effective and provide as accurate quotes as possible, however cannot be held liable for any additional costs incurred along the project due to the Client’s change of mind, alterations, stock images, fonts and additional subscription costs. Any quotes provided by Qwirki & Co. will remain valid for (30) thirty days. Upon expiry of that period, if The Client wishes to proceed, a new quote will need to be provided prior to Qwirki & Co. undertaking any services.

Alterations / Variations
If The Client requires a variation to the service, Qwirki & Co. will provide a quotation for performing the service as varied for which an additional sum may be added to the price if accepted by The Client. If The Client does not accept the quotation, Qwirki & Co. is not obliged to carry out the variation. The Client can either choose to continue the existing service or cease Qwirki & Co. services. 

In the case of a considerable change to the project or brief, the current project will be invoiced for time incurred to-date, and a new estimate outlining the revised work will be generated for approval before the project continues.

If the Client wishes to have any changes made to the project, the MUST be in writing (via Email). This includes explaining changes to the project after Qwirki & Co. sends watermarked progress files. 

Refunds of Digital Work
No refunds can be made on any design work with Qwirki & Co. All designs will be made custom to quote and therefore cannot be reused. If you have any issues with the quality of the products or the service, you received please contact Qwirki & Co. to discuss it. If you purchase a pre-made brand, it will become unavailable for anyone else to purchase and we will sign over any design rights for you to use this brand exclusively.

Refunds of Physical Products
Qwirki & Co. does not accept returns or exchanges for change of mind. If you have any issues with the quality of the products you received, please contact Qwirki & Co. to discuss it. If applicable, Qwirki & Co. can arrange a refund or exchange. Damaged products must be reported within ten days of receipt. Refused returns will be charged full shipping, handling and any other charges incurred. All products must be returned unopened, unused and its original packaging. For wholesalers, Qwirki & Co. do not accept returns on unsold merchandise

Discounts
Qwirki & Co. may offer discounts, competitions or prizes for services from time to time. These prices will be honoured for the quoted jobs at that time and will necessarily be available the next on the next quote. Discounts will be deducted from the final invoice total.

Gift Card Credit
Qwirki & Co. does accept gift cards, which can be purchased from our Gift Card page. Please refer to out Gift Card Policy for information on how to use these with the purchasing of products from our online store and for our services. 

Confidential Information
Any information provided to from the “Disclosing Party” to the other (“Receiving Party”), is marked or designated as confidential information and therefore cannot be disclosed to any other party unless written consent if provided by the other party involved. The Receiving Party will not disclose such Confidential Information to any person other than as provided for in their Services and Confidentiality Agreements provided by Qwirki & Co. at the beginning of the project. 

This restriction does not apply to information that:
a. the Receiving Party must disclose by law or legal process, 
b. is either already public or enters the public through no fault of the Receiving Party,
c. is available to the Receiving Party from a third party who is not under any nondisclosure obligation to the Disclosing Party,
d. is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party.

Qwirki & Co. is committed to ensuring that your privacy is protected. All personal/business details provided (payment information, address, email, phone number, etc.), will be kept safe and confidential. Your details will only be used in accordance with our Privacy Policy and will not be distributed to third parties under any circumstances. Please note that our Privacy Policy may change at any time.

For more information, please visit our Privacy Policy page and read carefully through the Confidentiality Agreement provided by Qwirki & Co. at the beginning of the project. 

Copyrights, Trademarks and Ownership of Intellectual Property
All intellectual property and related material, including trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name that is developed or produced under this agreement, will be the sole property of The Client.

The Client guarantees that it has the right to use any images, texts, designs, photos or other work and will defend Qwirki & Co. from any legal action arising from the use thereof.

All work provided by Qwirki & Co. are the intellectual property of Qwirki & Co. and shall not be used in any way outside of the agreed upon terms of this agreement without written permission from Qwirki & Co..

Designs which are exclusive for people or businesses, are still the copyright and intellectual property of Qwirki & Co. until the work is paid for. Only then is the ownership of the work transferred to The Client, however can only be used as agreed upon by the terms of their individual Services Agreement. 

The use of the Intellectual Property by The Client will not be restricted in any manner. Providing that the material has been produced for The Client and Qwirki & Co. is made aware of the intentions of how the material will be used prior to this Agreement being signed by both parties. 

Upon Expiration of Agreement
Upon the completion of the job, Qwirki & Co. will contact The Client to receive confirmation that they are happy to take the completed work. Once Qwirki & Co. receives the confirmation, Qwirki & Co. will invoice The Client with all expenses to be paid for, which is due in ONE week (SEVEN days) after the invoice is sent. The Client will receive a watermarked copy of the final design with the invoice. Qwirki & Co. will send The Client the un-watermarked copy of the final design once the invoice has been paid in full. 

Designs will only be sent in the formats PDF, PNG and JPG.

Qwirki & Co. owns all physical and the Intellectual Property of artwork files, designs, concepts and assets. Any quotes provided by Qwirki & Co. do not include original or packaged Illustrator or layered Photoshop file/s unless otherwise specified.

The Client can request for working documents, which will be considered by Qwirki & Co. and quoted accordingly at the beginning of the project. An additional cost will occur if The Client choses that they want the working documents at the completion of the work and will be released under an exclusive license and can only be used as specified by the Client. Qwirki & Co. reserves the right to refuse supply of physical artwork files, depending on the circumstances and the intended use of such files.

Qwirki & Co. takes all care to avoid errors, however accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. Before the completion of a project, Qwirki & Co. will send the Client a copy of the final files and expects that the Client has proofread and approved all final copys before the production of the artwork. 

No refunds are given after a final approved design has been approved. Qwirki & Co. will charge additional costs to amend the file if the Client wishes to change or fix errors.

Delivery Information of physical products
Qwirki & Co. want to ensure you receive your Qwirki products in prime condition. Great care is taken when packing your order to ensure your items are in prime condition when leaving Qwirki & Co. Qwirki & Co. are not responsible for any damages once your order has left our hands. If you have any issues with the quality of your order, please contact Qwirki & Co. and we will follow it up with Australia Post.
*Please note Australia Post is experiencing delays during these uncertain times due to limited flights, social distancing requirements and increased parcel volumes.

Printing
As monitors, phones and tablets and printers all display colour differently due to their specific colour profiles loaded onto each device, there is no guarantee that the work we produce and send to you, will look the same when you get it printed. This is due to the nature of CMYK printing and bulk-run printing system. We will always (unless the Client specifies) provide all of our final files in the CMYK colour spectrum. To minimise as many issues that may arise when printing. Qwirki & Co. do not remain liable for any issues with printing. Changes made to the file to fix printing issues, will incur additional fees charged hourly at the rate specified originally on the Client’s Service Agreement. 

No “Free Pitching”
Qwirki & Co. is opposed to ‘free pitching’ or ‘working for free’ and therefore will not do work or present any ideas for free. If the Client wishes to do this, a price must be agreed upon before time is spent on any work undertaken by Qwirki & Co..

Website Design
Qwirki & Co. use Squarespace, Shopify, Weebly, or Wix as website builders for clients Qwirki & Co. build websites that clients can easily use or learn how to use themselves. Qwirki & Co. is not liable for any hosting fees, subscription fees, or domain fees related to these websites. Any Client wishing to use the website builders to build their website, must either have or be considering getting a login to use one of them. This login information will be required by Qwirki & Co. to build your website. 

Once any web design is complete, Qwirki & Co. will provide the Client with the opportunity to review the work. Qwirki & Co. will make one set of minor changes which include small adjustments to the placement of items on the page, however, does NOT include changes to images, colour schemes or any navigation features. Any changes need to be emailed to Qwirki & Co. via qwirkiandco@gmail.com. 

Once Qwirki & Co. has started editing the Client’s website, it is advised that the client does not use the website builder to avoid issues with the editor. Qwirki & Co. will place additional fees on top of the quote, if the Client makes unnecessary changes or moves things whilst Qwirki & Co. are proceeding to build the Client’s website. 

Qwirki & Co. will NOT accept any ongoing feedback unless stated by Qwirki & Co.. This includes watching your website builder from your end and proceeding to explain to us where you do/don’t like a specific element that we have placed on a page. Qwirki & Co. will provide several “feedback sessions” along the way and will provide the entire website at the end with an opportunity to review the work. 

If no notification of changes is received in writing from the Client, within 7 days of the start of the review period, an hourly fee after this time for amendments will be applied to the final invoice.

Please note that by signing the Services Agreement you (The Client) are liable to pay for any work made by Qwirki & Co. on your website and further action will be taken if you decide to misuse or inappropriately take the work done by Qwirki & Co. without paying for it. 

Liability
The Client assumes all risks regarding the quality and performance of the work. This can include but not limited to:
a. How well an ad works on Facebook/Instagram etc.
b. How well a design works in the chosen media form (Flyers, Business Cards, Magnets, etc.)
In no event shall Qwirki & Co. assume liability for any damages incurred to The Client as a result of any design/media/marketing materials produced.

Termination
After work has commenced on the project, any work done by Qwirki & Co. must by paid for, please refer to the Services Agreement for the terms relating to change of mind or termination of the work with Qwirki & Co. Any design fees or progress payments are non-refundable/must be paid if the Client chooses to terminate the project. 

Force Majeure
Neither Qwirki & Co. nor The Client shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.

Goodwill Disclaimer
This Agreement assumes goodwill from both Qwirki & Co. and the Client regarding:
What can reasonably be achieved in a given time frame;
Making use of resources to achieve the most effective outcomes;
Graphic design, strategy, marketing are all highly creative and subjective art forms. Qwirki & Co. will endeavour to take every possible care with professional advice offered and any suggested creative concepts and/or implementation into the Clients projects. Qwirki & Co. cannot be held responsible for variations between expectation and outcome.

Last updated: 10 July 2022.