PINK GECKO will carry out work only where an agreement is provided either by email, telephone, mail or fax. PINK GECKO will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between PINK GECKO and the client, this includes telephone and email agreements, and orders placed by employees of The Client.

Privacy

PINK GECKO does not share or sell any of your details with third party companies, without your express permission.

Changes

These terms & conditions may change without notice. Changes in terms are advised by email to your registered email address.

Prices advertised on our website are subject to change without notice.

Terms for

• Website Design
• Artwork or Graphic Design
• Printing

WEBSITE DESIGN

LOGOS

The Client must supply their logo in vector (eps) format to PINK GECKO. Logo design is not included in website design, or ‘re-creation’ from a printed item, is a separate service for which additional fees are liable.

COPY

The Client must supply the copy for their website in the form of a word document. The copy must be proof-read, and spell checked. It is not PINK GECKO’S responsibility to write or proof read supplied copy.

Two rounds of updates/ alternations to copy at no charge will be provided 14 days after website completion.  Any additional alternations are billed by the hour, with a minimum of ½ hour.

PHOTOS

PINK GECKO includes royalty free photos in most websites (check your estimate to see how many). These are only included from photo stock sites www.istock.com or www.123rf.com this excludes either sites ‘premium’ range.

Photos supplied to us by The Client from photo stock sites other than www.istock.com or www.123rf.com are to be purchased by The Client. Photos taken professionally for The Client are to be paid for by the Client.

PINK GECKO is not responsibility for ‘air brushing’ or ‘touching up’ photos supplied by The Client, and will only be done so for no additional charge at the discretion of PINK GECKO.

PINK GECKO cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

SEARCH ENGINE OPTIMISATION

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees whatsoever regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund in relation to this type of work.

PINK GECKO reserves the right to refuse to attempt Search Engine Optimisation in industries that have exceptionally competitive keywords, such as ‘real estate’, ‘recruitment’ etc.

WEB BROWSER COMPATIBILITY

All PINK GECKO sites are tested and validated at the time of construction and are tested in the latest versions of IE and Mozilla. However, PINK GECKO can offer no guarantees of correct website display and function with all browser software.

SERVER/ HOSTING COMPATIBILITY

All PINK GECKO sites are estimated based on being installed on PINK GECKO server. PINK GECKO cannot estimate a price on installing a website on a 3rd party server/ host. Any amendments that need to be made to our sites to function correctly on a 3rd party server/ host will be at the cost o the Client.

If The Client chooses to move servers, PINK GECKO cannot guarantee that the site will not need alterations to function properly.

Typically all our sites are built to function on a Linux Platform, with the latest versions of PHP installed, amongst various other installations.

WEBSITE & EMAIL HOSTING

Whilst PINK GECKO can make no guarantees to the availability or interruption of this service and PINK GECKO cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

PINK GECKO reserve the right to refuse to host in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise, without refund.

PINK GECKO do not offer email or website support subsequent to, or during moving hosts away from PINK GECKO. The new host is whom the support will now be provided by.

ADDITIONAL REQUIREMENTS

any additions to briefs provided will be carried out at the discretion of PINK GECKO and where no charge is made by PINK GECKO for such additions.

FEEDBACK & CLIENT RESPONSIBILITIES

The client agrees to make available as soon as is reasonably possible to PINK GECKO all materials required to complete the website to the agreed standard and within the set delivery date.

The client agrees to provide feedback on the website as soon as is reasonably possible for PINK GECKO to complete the website to the agreed standard within the set delivery date.

WEBSITE PAYMENTS/ INSTALLMENTS

All websites are billed and paid for on a payment plan. Payment plans are offered at the discretion of PINK GECKO and PINK GECKO reserves the right to refuse payment plans. The initial website instalment is treated as a deposit, receipt of the deposit is treated as acceptance of our terms of service and payment conditions.

Website Instalments will still be billed and expected to be paid, regardless if PINK GECKO is not building the site within deadlines, if The Client is not providing the material and/or feedback essential for PINK GECKO to finalise project.

Final payment is also required to be paid regardless if PINK GECKO has not been able to finalised site, on account of The Client not providing the material and/or feedback essential to complete project.

No websites whatsoever are built on a deposit/ balance on completion basis.

The website, graphics and any programming code remain the property of PINK GECKO until all outstanding accounts are paid in full.

Automatic email reminders are sent and phone calls are made to remind The Client of such payments if they are not received when due.

If accounts are not settled or PINK GECKO has not been contacted regarding the delay, access to the related website may be denied and web pages removed, late fees applied. We will then pass such cases to the Magistrates Court to pursue payment; non payment can result in writs & court judgements being added to the client’s credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Legal fees & court costs will be at the cost of The Client.

WEBSITES DISCLAIMER

PINK GECKO will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

PINK GECKO will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

PINK GECKO will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer three rounds of updates/ changes for a month after completion to allow for any final amendments that may be required.

PINK GECKO cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

PINK GECKO reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

ARTWORK DESIGN

Artwork design, meaning ‘preparation of a document to be ‘press ready’ for printing, or ‘press ready’ for publication.

INTELLECTUAL PROPERTY

PINK GECKO’S prices are advertised for designing a ‘press ready’ document. Never included in our Prices comes layered or working files such as Indesign, Illustrator or Photoshop files.

The Client is provided with a ‘Press Ready’ pdf in the correct colour mode (CMYK for Print), with usual bleed requirement and crop marks. The Client can take this document to be printed anywhere. Alterations to the artwork however will need to be done by PINK GECKO (and paid for by the hour, with a minimum of a quarter of an hour).

FILES & ‘COPIES’

Please save copies of all your proofs/ final documents & logos. PINK GECKO is not responsible for re-sending copies of different documents to you, nor 3rd parties such as Newspapers, Signage companies etc. Such requests will be billed at upfront fee of $15.

Most Final Files are saved as PDFs. Providing ‘copies’ of the same files in other formats such as ‘jpegs’ or ‘tiffs’ will be done so at an additional cost to export the files in the formats required or requested by the client.

PUBLICATIONS/ DESIGN SPECIFICATIONS

It is The Client’s repsonsiblity to request and provide Speicfication sheets from the organisation for which the document is being prepared for. For example, if you are having items designed for ‘The West Australian’ or signage for a 3rd party company, it is The Clients responsilbity to request and provide the Specifications Material, and the appropriate sizing.

TIME ALLOWED

Prices advertised on our website are based on time allowed to design different items. We have a minimum time allowed. If the time allowed starts to exceed the time allowed/ price advertised/ quoted, PINK GECKO will advise the client that additional fees may be required.

LOGOS & LOGO DESIGN

The Client must supply their logo in vector (eps) format to PINK GECKO. Logo design is not included in any other artwork design, or ‘re-creation’ from a printed item, is a separate service for which additional fees are liable.

Logo design is one of the only services provided where the layered files are included in our price. The following formats provided are:  EPS, AI, PDF, JPEG

PHOTOS

PINK GECKO includes royalty free photos in some artwork (check your estimate to see how many). These are only included from photo stock sites www.istock.com or www.123rf.com this excludes either sites ‘premium’ range.

Photos supplied by the client need to be in 300dpi (for most printing), or 200 dpi for newspapers.

Photos supplied to us by The Client from photo stock sites other than www.istock.com or www.123rf.com are to be purchased by The Client. Photos taken professionally for The Client are to be paid for by the Client.

PINK GECKO is not responsibility for ‘air brushing’ or ‘touching up’ photos supplied by The Client, and will only be done so for no additional charge at the discretion of PINK GECKO.

PINK GECKO cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

COPY

The Client must supply the copy for their artwork in the form of a word document. The copy must be proof-read, and spell checked. It is not PINK GECKO’S responsibility to write copy or proof read supplied copy.

In most cases, two rounds of updates/ alternations to copy at no charge will be provided.  Any additional alternations are billed per ‘round’ of alterations.

PINK GECKO cannot be held responsible for documents that have misprints after the Client has approved documents for printing. Any re-prints will be at the cost of the client.

ADDITIONAL REQUIREMENTS

Any additions to briefs provided will be carried out at the discretion of PINK GECKO and where no charge is made by PINK GECKO for such additions.

FEEDBACK & CLIENT RESPONSIBILITIES

The client agrees to provide feedback on the website as soon as is reasonably possible for PINK GECKO to complete the website to the agreed standard within the set delivery date.

Failure to provide feedback in order for PINK GECKO to complete project will result in issuing of an account for work done to date.

ARTWORK PAYMENTS

All artwork requires a deposit, unless The Client whom is requesting the service has a hosting account with Pink Gecko.

Final payment will still be billed and expected to be paid, regardless if PINK GECKO is not able to complete the project due to the client not providing the material and/or feedback essential for PINK GECKO to finalise project.

Any artwork/ graphics remain the property of PINK GECKO until all outstanding accounts are paid in full.

Automatic email reminders are sent and phone calls are made to remind The Client of such payments if they are not received when due.

If accounts are not settled or PINK GECKO have not been contacted regarding the delay, any Hosting accounts attached to the Clients account may be suspendend and late fees may be applied. We will then pass such cases to the Magistrates Court to pursue payment, non payment can result in writs & court judgements being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Legal fees & court costs will be at the cost of The Client.

PRINTING

Artwork design, meaning ‘preparation of a document to be ‘press ready’ for printing, or ‘press ready’ for publication.

INTERPRETATION

‘Business Day’ means a day on which are not weekends or public holidays in the State or Territory in which PINK GECKO’s premises are located Western Australia.

‘Goods’ means the final goods produced by the printer by completing the Order;

COMPLETION AND DELIVERY

While most printed jobs are estimated to take between 5 and 10 working days, PINK GECKO cannot guarantee goods will be completed within the time frame quoted.

PAYMENT

Payment of balance of all printed materials is due prior to shipping, unless otherwise arrangements are made prior to order being placed.

PROOFS AND MISPRINTS

PINK GECKO cannot be held responsible for incorrections or misprinting after The Client has reviewed, and approved proofs, by email or phone or in person.

Re-prints are to be at the cost of The Client. Discounts for re-prints will be at the discretion of PINK GECKO.

NON COLLECTION OF GOODS

If The Client leaves goods in PINK GECKO’ s possession without specific instructions as to what is to be done with it, PINK GECKO may, 12 months after gaining possession of the goods, dispose of the goods.

NON PAYMENT OF GOODS NOT COLLECTED

Goods left with PINK GECKO are with invoices outstanding still have to be paid for by the client.