Standard form Agreement



Communication

For clarity and efficiency, any required changes to the scope of work are to be communicated in writing and sent via email. fourkdesign will not accept changes to the scope of work over the phone. Verbal changes delivered in meetings must be

recorded in an email and approved in writing. All changes and requests must be given to fourkdesign in a very clear and concise format- preferably in a numerical priority order / bullet pointed format. Fourkdesign may then issue a project change request that must be signed off by CLIENT before work commences.

Work outside the scope

Any additional work that includes, but is not limited to, changes to text, spelling mistakes, design changes, email changes, email

correspondence, phone calls, meetings and general labor will be treated as a separate project and will require its own project

request. Any additional changes will be evaluated at the discretion of fourkdesign. 

Job Expiry Period

It is important for fourkdesign to keep all work within the original scope of the project accepted under contract. In the event that the project is taking an unreasonable amount of time, fourkdesign will notify CLIENT and reserve the right to resubmit an updated project

timeline for the job. This will prevent a job’s productivity from stagnating and ensures a job will be produced that suits the

requirements at the time it was initially quoted upon.

Design

Draft concept designs that are provided to CLIENT by fourkdesign may look slightly different to the final look of the product due to the functional constraints of the medium.

fourkdesign will create an overall look and feel for the project based on comps discussed during initial consultation using non-interactive designs created in Adobe suite or other program selected by fourkdesign. Fourkdesign will work with CLIENT on a design that meets their needs and will not begin development until CLIENT has signed off on statement of work. After modifications, the final signed-off design will be converted into an interactive version and reflected through the rest of the project at the discretion of the fourkdesign developer / designer.

Any further non-interactive designs requested will require an additional project request from CLIENT, and development will not begin until they have signed off. Any design elements in the project that have not been specified by the non-interactive design, will be at the discretion of fourkdesign developer / designer, further changes to these elements will be an additional project request as stated previously.

It is CLIENT’S responsibility to check all artwork details carefully as eLearning will take no responsibility for omissions or errors after the design/ artwork is approved. Any alterations should be clearly marked and requested in writing and will be made at the discretion of the fourkdesign developer/designer.

Copyright Clearance

Copyright clearance is required for any resources provided by the CLIENT containing copyrighted material. fourkdesign is not responsible for obtaining copyright clearance on any materials.

Fourkdesign will use and create own images, animations , videos & voice over in house. 

All material supplied to fourkdesign by CLIENT, including but not limited to, images, designs, audio tracks, code, video footage, logos / trademarks from suppliers, or any material from companies other than CLIENT’S company, is used by fourkdesign with the understanding that CLIENT has permission from any third party involved to use the material that CLIENT provides. CLIENT accepts responsibility for all supplied material. Upon request by fourkdesign, client must provide all written release, copyright and legal permission from talent and location.

Content disclaimer for all multimedia products

fourkdesign does not accept responsibility for the content within your website, print material and other multimedia products, including but not limited to, all illegal / inaccurate claims, defamatory material and inappropriate images. All material within your product must be used for lawful purposes only and must comply with the CLIENT’S Policy and the laws of NSW and the world. By accepting the services of fourkdesign CLIENT accepts responsibility for all of the content within the product. This includes but is not limited to, spelling mistakes, phone numbers, images, image colors, designs, logos, trademarks, explicit material, political claims and personal or other private information. Capitalised letters, punctuation and grammar are elements of content, not design.

All content supplied by CLIENT must be of the highest possible quality – fourkdesign does not accept responsibility for any quality issues due to CLIENT supplying content that is not of industry standard. Images supplied by CLIENT may be cropped to maintain the integrity of the composition. If CLIENT does not want images to be cropped or edited, they accept responsibility for inconsistent images throughout the product. All images and designs will be converted to CMYK for print, or RGB for screen. CLIENT accepts any color variations resulting from this conversion. Any video footage supplied must be in broadcast quality 16:9 unless advised otherwise by fourkdesign.

All material supplied to fourkdesign by CLIENT, including but not limited to, images, designs, audio tracks, code, video footage, logos / trademarks from suppliers, or any material from companies other than CLIENT’S company, is used by fourkdesign with the understanding that CLIENT has permission from any third party involved to use the material that CLIENT provides. CLIENT accepts responsibility for all supplied material. Upon request by fourkdesign, client must provide all written release, copyright and legal permission from talent and location. Externally sourced videos will need to meet industry standards based on current YouTube guidelines:

https://support.google.com/youtube/answer/1722171?hl=en&ref_topic=2888648

All video content must be appropriately captioned.

Client to supply

Comprehensive brief including preferred styles & fonts.

Design examples and sources of inspiration.

All required content for product, unless specifically organized with fourkdesign.

All content supplied by CLIENT must conform to the following criteria:

1. Any content that is not supplied correctly may extend the deadline of the project

2. All text must be supplied in an electronic format that can be copied and pasted by fourkdesign.

3. All text must include correct spelling, grammar etc.

4. All images and graphics must be either vector (EPS or AI formats only) or 300dpi high-resolution bitmap (JPG, TIFF, or RAW formats only). Supplied images and graphics must not be scaled up due to loss of quality.

5. All material not created solely by CLIENT must be supplied with written approval from the copyright owner for the use of the material within CLIENT’s production.

Delivery

Once a product has been signed off by CLIENT and delivered by fourkdesign, CLIENT accepts full responsibility for the product and its use. All work completed by fourkdesign may be included in the fourkdesign portfolio (including, but not limited to, the fourkdesign website, fourkdesign newsletter, fourkdesign marketing collateral, conferences and presentations, fourkdesign proposals and media releases) at the sole discretion of fourkdesign. fourkdesign may also, at their discretion, include a “created by fourkdesign” credit (including a link to the fourkdesign website) on any or every page of any project built by fourkdesign.

Notification of Claim

All products and services provided by fourkdesign must be promptly checked by CLIENT upon receipt, for defects, faults, errors or damage and fourkdesign must be notified in writing of any claims within seven (7) days of the date that the product was delivered. Claim notifications must be made in writing and include:

1. Clear explanation of the defect, fault, error or damage

2. Name of fourkdesign staff members and CLIENT staff members involved with inspection of the product / service

3. Any other information that is pertinent or requested by fourkdesign

Definitions

“CLIENT” means “You” the person sourcing services from fourkdesign and the institute or an organisation that you represent. “CLIENT” can mean staff, department, or any other organisation entity that may be requesting fourkdesign services.

Validity

These terms and conditions are valid from January 01, 2020 for all projects, including those started prior to this date. fourkdesign retains the right to modify the terms and conditions at any time without notice to CLIENT.

Minimum System Requirements

Minimum requirements for any project are determined at the time of project planning based on current standards.

If a computer running a multimedia product developed by fourkdesign does not have the minimum system requirements stated in these Terms and Conditions, fourkdesign does not accept any responsibility for performance or quality of the product.

Cross Browser compatibility

fourkdesign endeavors to make their websites as versatile and future-proof as possible. Having said this, browser upgrades (which are beyond our control) can affect websites, applications, multimedia projects, or pieces of software that were cross-browser compatible at the time the job was completed. To update a project, making it compatible to a browser upgrade requires a new project request. No work will be undertaken on doing this without prior approval from CLIENT.

Cross browser compatibility applies only to the publicly accessible area of a website built by fourkdesign. fourkdesign will not accept responsibility for any issues that may arise from using other browsers other than those agreed to at the time of project sign-off. Projects built by fourkdesign will work in the latest versions of all majorly supported internet browser programs. Specifically, this includes Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, Microsoft Edge , and Apple Safari on a desktop computer. All other mobile browsers will be determined at the time of project sign-off. As each of these individual browser programs render code output with slight variations, fourkdesign will not be responsible for any slight variations in website appearance. This includes, but is not limited to, button appearance, bullet list appearance, and image and paragraph padding.

Cache

Once a website is uploaded or updated, certain computers may still display the old information. This is because computers store information locally in a ‘cache’ in order to speed up the display of websites. Caching systems are usually cleared automatically after a certain period of time. Manual refreshing can usually be applied to the computer that is having problems; however some networks and intranets also have caching systems. Support for internal systems is beyond the scope of fourkdesign’s services and is an issue central to browsers, operating systems, and various other hardware/software devices used on a local network. In the instance that content is removed from a website, it is sometimes still available on the internet via servers that cache content, including Google. fourkdesign accepts no responsibility for information that is available to the public after deletion from CLIENT’s website.

Data Retention and Liability

fourkdesign cannot be liable for data loss on any website or service we provide, unless an agreed scope of work includes such a clause (such as database or file backups). Data loss due to hardware failure, operating errors by a client, or errors in software (whether in-house or 3rd party) cannot be deemed the responsibility of fourkdesign.

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