Subject to the specific details of the relevant submission, these terms cover all ongoing and future projects undertaken by Di Marca Brand Performance (Di Marca) for the client unless varied with our written consent.

Invoicing
The project will be invoiced as “Work in Progress” on a monthly basis. Our payment terms are strictly 30 days from date of invoice.

If the client cancels the project for any reason (which cancellation must be in writing), the client must pay all fees and expenses incurred by Di Marca to date of such cancellation.

Miscellaneous Charges
Miscellaneous charges such as taxis, couriers, international telephone, materials, discs, additional colour digital prints, photography, photo library search, illustration, copywriting and printing is billed in addition to our estimated fees. It is not possible to determine these costs until commencement and approval of the design concept.

Travel Expenses
Airfares and accommodation for personnel required to visit interstate or international destinations for, or on behalf of, our clients will be billed at cost in addition to our estimated fees. Travel by car to regional areas and cities is charged at $92 per hour.

Third Party Expenses
The client is responsible for any expenses payable by Di Marca to third parties and shall reimburse us such costs within 30 days of invoice date.

GST
Please note that all prices quoted are exclusive of GST. A further 10% should therefore be allowed in addition to our fees. However, as you are likely to be registered for GST you may be able to claim as an input tax credit to the extent that is permitted by income tax legislation.

Confidentiality
Di Marca is acutely aware of the necessity for protection of the confidentiality of our work for our clients.

Should your company require Di Marca to sign any specific form of confidentiality agreement relating to your company’s business interests and projects, we would be happy to arrange for the executions of such a document by appropriate personnel if necessary.

Project Approval and Sign-Off
Di Marca takes all care in preparation of the content, however final approval of content is the full responsibility of the client. Di Marca will not be liable for any error or omissions resulting from a failure on the client part to sign-off any artwork.

Trademarks
Di Marca would like to draw your attention to ensuring the brand name, identity and trademark are protected legally.

While Di Marca has much experience in guiding clients to protect their best interests in this regard, such legal advice should be provided by an expert patent and trademark attorney.

Upon request, Di Marca would be pleased to recommend a suitable firm with specific knowledge of, and extensive experience in, the design industry.

Copyright
All strategy and concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, Di Marca will retain exclusive copyright and ownership of all strategy, design and draft materials.

Ownership of final strategy and designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing, Di Marca retains ownership of all draft materials not used in the final strategy or design (including the right of adaption).

Di Marca has the right to use brand and marketing material to market itself after it is made public.

Consents and Approvals
Di Marca will obtain all necessary consents and approvals to ensure that the materials may be lawfully used by the client, but we will not be responsible for any misrepresentation made by independent contractors involved in the project.

Indemnity
The client will indemnify Di Marca against all claims arising from any information or documents supplied by the client or for any act of thing done by Di Marca on the client’s instructions or with the client’s approval.

We make no warranty regarding the suitability or otherwise of the materials for the client’s purposes and it is the client’s responsibility to ensure that the materials comply with the requirements of any legislation regarding marketing, labelling, packaging or otherwise.