TERMS & CONDITIONS
The Terms and Conditions become effective upon signing our contract and/or work commences with Red Lips Media. Please read the following carefully, as by signing the attached “products and services” it implies that you have read and accepted our Terms & Conditions. Please ensure you read, understand and review our Terms & Conditions before employing Red Lips Media Pty Ltd in any way.
Red Lips Media Pty Ltd, (thereafter referred to as “Red Lips Media”, “we” or “Company”) reserves the right to change or modify current Terms & Conditions with no prior notice. Employing and accepting the Terms & Conditions identifies that you agree to the following Terms & Conditions and that you agree to be bound by these terms and conditions accordingly. If you do not agree to these terms, then you should not employ Red Lips Media or sign this contract under any circumstances.
These Terms & Conditions will apply to all contracts for the provision of services by Red Lips Media and will supersede any other documentation or communication from the Client including any previous Terms & Conditions distributed in any form.
All quote requests are strictly confidential. We will never share or sell your information to third parties. Red Lips Media has the right to showcase project work, including unused concepts, in any media format, for the purpose of self promotion. The client must inform Red Lips Media in writing before the project commences if any material, information or any other part of the project is confidential. In the instance that the project, or parts of the project are confidential, Red Lips Media agree not to publish the project until written confirmation to do so has been supplied by the Client.
Quoted prices are based on the estimated hours that it will take to complete the project and do not include changes, copywriting, stock imagery, stock video, rendering costs, broadcast costs, printing costs or otherwise, unless clearly stated.
All quotes are valid for thirty (30) days from date of issue. After this period, a new quote shall be issued should the Client wish to move forward with the project.
Red Lips Media has the right to re-evaluate a quote based on any additional work required by the client. The Client will be notified of any additional costs that may occur before any additional work is carried out.
SOCIAL MEDIA MANAGEMENT
Red Lips Media shall provide the Client, services, which shall include the following:
- Setting up social media platforms such as Facebook, lnstagram, Twitter, YouTube etc
- Creating content, engagement as well as ongoing management of these platforms
- Monitoring social media conversations and responding to the same
- Managing all social media communication as more clearly elaborated in the proposal.
The Client understands and agrees that Red Lips Media can publish content on the internet on behald of the client for the purpose of content marketing, social media management and higher search engine rankings on the client’s website. The client also agrees that Red Lips Media can use the images from the Clients website while
publishing content on the internet on clients behalf for all digital management.
Red Lips Media Pty Ltd is committed to providing excellent marketing & advertising services to our clients. Our services involve working on the clients marketing – digital or traditional, based on agreed campaigns and strategies with the client. This part of the service will not be considered as a breach of confidentiality under this contract.
PROOFING AND APPROVAL OF FINAL ARTWORK
The Client is responsible for proofing all artwork and content thoroughly. Red Lips Media accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. Any changes made to a project after the Client has approved any final work, whether verbally or
in writing, will be billed to the Client.
RATES & CHARGES
You are required to pay for our time, and quoted prices are based on the estimated hours that it will take to complete a project.
Small projects and service requests are timed, and invoiced as a one off payment at time of project or as part of the Clients monthly invoice.
When out of hours work or support is specifically requested by the Client, our out of hours hourly rate applies. We will always notify you if out of hours rates apply before work or support commences.
A total sum of setup fee plus the first month management is required to be paid by client prior to the start of the program or project. An invoice/tax invoice will be sent by Red Lips Media to the client acknowledging the initial payment. Once payment received, work will commence.
The Client shall pay Red Lips Media Pty Ltd the monthly fees according to the products selected by them and in the agreed contract. The client will be billed for the monthly fees on a set date of every month, which will be advised by Red Lips Media.
Red Lips Media reserves the right to a fee increase. This may occur if there are rises in contractor rates and production costs. If this occurs the client will be provided written notice with at least one month written notice.
Invoice payment terms are 7 days, unless otherwise agreed in writing by Red Lips Media and the Client. Payment terms are clearly displayed on all invoices.
PROJECT ON HOLD
If the Client wishes to put a project on hold, the work to date will be invoiced. By default, a project will be considered on hold when Red Lips Media has been waiting four or more weeks for the client to provide information, content, feedback or otherwise that results in the project unable to progress further.
ACCEPTED FORMS OF PAYMENT
We only accept payment in Australian Dollars.
Direct Deposit Our preferred method of payment is via Direct Debit or direct deposit.
Cheques Cheques are accepted for payments over $100. If a cheque bounces, the Client will be liable for any bank fees incurred, plus an administration charge.
Cash Since we do not keep cash on site, any cash payments need to be in the exact amount, as change cannot be provided.
OVERDUE INVOICE FEES
We send out overdue invoice notifications every week an invoice is overdue. If payment is four weeks overdue, a fee will be incurred to cover administration costs.
If an amount remains delinquent 8 weeks after its due date, a second late fee will be incurred and the debt will be referred to a debt collection agency. In the event that external collection agency appointment proves necessary, an additional 20% of the total cost of the project will be added to the invoice to cover debt collection costs.
If referral to a collection agency has been put on hold for any reason, a late fee will be incurred every four weeks until the invoice, including all late fees, have been paid in full.
Red Lips Media have the right to refuse an account, put project on hold, or refuse to assist a Client in anyway if any outstanding invoices are more than four weeks overdue.
DEFAULT IN PAYMENT
The Client shall assume responsibility for cost outlays by Red Lips Media in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
ACCEPTING A QUOTE
All quotes must be accepted in writing via a signed contract to commence work needs to be sent to Red Lips Media. Payment of a deposit or first month payment is also considered acceptance of the quote. When you accept a quote with Red Lips Media, you are also agreeing to our terms and conditions.
PROJECT RESOURCES & SCHEDULING
If the project requires the client to provide or prepare information, documentation, images or otherwise, the client accepts that delays in delivery from the client to Red Lips Media may result in the project taking longer than estimated to complete. Red Lips Media will aim to meet the client’s deadline at all times, however, if a deadline is pushed forward by the client, this may incur additional charges to complete on time.
The supply of content, images or media files is the responsibility of the client, unless the client is employing Red Lips Media’s services to do so. The Client is required to provide or prepare all information, documentation, images or otherwise before Red Lips Media begin work.
Due to industry and technology standards and methods continuously evolving, all project content must be supplied within 30 days of the quote acceptance, otherwise the quote may become invalid, regardless of whether or not a deposit has been paid by the Client.
DELIVERY OF FINAL FILES
Delivery of final files varies for each project, normally dependant on file size. When project files are sent via
an online link on Red Lips Media’s server, the Client will have 30 days to download the files. If files are required to be sent via post, additional costs apply.
We advise all Clients to obtain a printed proof from their printer before print production is carried out.
Red Lips Media will endeavour to ensure that any website or application developed by Red Lips Media will function correctly on the server it is initially installed on.
All websites are tested in Internet Explorer 8 and up, Firefox, Chrome, Safari.
After the website has gone live, Red Lips Media can offer no guarantees of correct function with all browser software as they are changed and upgraded so frequently, unless Red Lips Media are managing the website and maintenance ongoing.
WEBSITE BUGS OR SYSTEM ERRORS
When a web project has been delivered and approved, the client will have a 30 day grace period whereby Red Lips Media will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our hourly rate whereby a minimum charge of 30 minutes will be applicable to cover administration costs.
This does not include fixing errors caused by the Client, or any third party who have made changes to the website, changes to content, installed plugins or software updates.
We recommend that all websites are serviced regularly and maintained. Red Lips Media can provide a maintenance service if required which is billed at our monthly rate. We strongly recommend that websites are backed up on a regular basis and a full backup is always made before making any software updates.
You have the right to cancel your management. In the event of cancellation, ownership of all copyrights and the original artwork shall be retained by Red Lips Media, and expenses already incurred, shall be paid by the Client. You will be invoiced for the work carried out so far based on our current hourly rate or monthly fee.
Deposits are strictly non-refundable and any unused payments will be transferred to credit. All credit must be used within 12 months.
If the client decides to terminate the agreement they must provide one months notice from the date of the following scheduled monthly instalment. In the event of termination, Red Lips Media Pty Ltd shall be compensated for one months services from the date of the following months invoice.
On Red Lips Media receiving the final payment for a design in full, the copyright to the design is automatically transferred to the Client. The grant of any license or right of copyright is conditioned on receipt of full payment.
Red Lips Media retain the right to display designs created by our studio in our portfolio, and for the purpose of marketing or advertising our services on or offline.
All work supplied by Red Lips Media is believed to constitute original work, and is prepared in good faith that it does not infringe the rights of any other party. Red Lips Media cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise.
Red Lips Media is unable to guarantee that any work supplied to the Client is suitable for any particular purpose and would strongly recommend that the Client conduct relevant research prior to the approval of any prepared work.
All preliminary work and materials produced by Red Lips Media for the purposes of developing any work remain the sole property of Red Lips Media (excluding and incorporated materials supplied by the Client). Any unauthorised usage of materials produced by Red Lips Media will be actively pursued through legal channels. By approving any final work whether verbally or in writing, the Client assumes the responsibility for the subsequent usage of the chosen work. Red Lips Media retains the right to re-use any original material that does not form part of any final approved work.
The Client agrees that they may not claim to be the designer or showcase Red Lips Media’s work in their portfolio and claim it to be their own.
Red Lips Media cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and may refuse use of any such material unless proof of permission is provided.
LIMITATION OF LIABILITY
All works created by Red Lips Media will be considered approved for use by the Client prior to being employed for use in any way.
Red Lips Media is unable to guarantee that any third party products or services are suitable for use in anyway. Under no circumstances shall Red Lips Media be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials provided by Red Lips Media. If your use of materials from Red Lips Media results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Any design, copyrighting, drawing, illustration, concept or code created for the Client by Red Lips Media, is licensed to the client on a one-time only basis and may not be modified, re-used or re-distributed in any way or form without the express written consent of Red Lips Media. In the event of multiple proposed designs being submitted to you the client for selection, the one design selected is deemed by Red Lips Media as fulfilling the contract. All other designs remain the property of Red Lips Media.
Our services are provided without warranty of any kind, either expressed or implied. We do not offer refunds.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.