GFX Design Terms and Conditions
1. Artwork
GFX Creative Pty (Ltd) trading as GFX Design has established the following terms and conditions regarding its artwork pricing and payment procedures:
- Artwork prices are determined based on an hourly rate estimation.
- A 50% deposit for the approved quote is mandatory before initiation of any design work.
- Release of printable or full-resolution artwork will only be granted upon receipt of full payment for the quoted amount and any additional fees.
- No design fees will be levied for print work (e.g. business cards, flyers, digital printing) unless a new Logo Design requires more than 1 hour of design time.
- Pursuant to The Copyright Act No. 98 of 1978, all artwork referred to in 1.4 not included in print work fees remains the property of GFX Design until full payment by the client or any third party.
2. Vehicles
2.1 Workmanship Warranty: GFX Creative Pty (Ltd) trading as GFX Design (hereinafter referred to as “GFX Design”) offers a 1-year workmanship warranty on all printed vinyl and graphics applied to the client’s vehicles (hereinafter referred to as “the Project”). This warranty covers lifting or peeling edges of the wrapping and any installation failures or defects within reason, keeping in mind the nature of what vehicle wrapping is; a printed vinyl sticker applied to a 3 dimensional surface.
2.2 Scope of Work: The Project will include the printing and application of vinyl and graphics to the vehicles provided by the client. GFX Design will be printing artwork supplied by the client once an approval of the layouts for the vehicles has been received. The details of the Project will be agreed upon by both parties in writing prior to commencement of work.
2.2 Limitations of Warranty: The warranty does not cover normal wear and tear, accidental damage, or intentional damage to the vinyl or graphics. In addition, the warranty does not cover the cost of removal and re-application of the vinyl or graphics, or any other costs associated with repairing or replacing the vinyl or graphics.
2.3 Risks and Liabilities: GFX Design is not responsible for theft, fire, loss, or damage to goods while the vehicles are within its care or on its premises. Should the client request the removal of decals, GFX Design will not be held responsible for any damage to paint work that might occur. If a vehicle has been resprayed, GFX Design will not be held responsible if lifting or failing of the material occurs during or after the material has been installed, or if there is an unsatisfactory finish to the applied material. The client leaves their vehicles at their own risk and GFX Design and all of its members will not be held responsible for any damage that might occur to the vehicle while parked on the premises, whether during the day or overnight.
2.4. Notification of Issues
1. Customers are required to promptly notify GFX Design of any issues or failures related to the vehicle wrap service provided. Notification should be made within 2-3 days of the customer becoming aware of the issue.
2. Reporting Process: Customers must report issues or failures in writing to GFX Design through the designated communication channels provided by the company. The written report should include a detailed description of the problem, along with supporting documentation such as photographs.
3. Timely Response: GFX Design commits to reviewing and responding to customer notifications of issues or failures in a timely manner. The company will make every effort to acknowledge receipt of the report within 48 hours and initiate an investigation promptly.
4. Examination by GFX Design: Upon notification, GFX Design reserves the right to inspect the wrapped vehicle to assess the reported issues or failures. The customer agrees to cooperate fully during this examination process, providing access to the vehicle and any necessary information.
5. Warranty Period: The notification of issues or failures must occur within the warranty period specified by GFX Design for the vehicle wrap service. The warranty period details can be found in the original contract or documentation provided by GFX Design to the customer.
6. Exclusions: This notification requirement does not cover issues arising from accidents, misuse, negligence, or any alterations made to the vehicle wrap by parties other than GFX Design. Such instances may void the warranty, and the customer shall be responsible for any associated costs.
7. Resolution and Remedies: Upon confirmation of a valid issue or failure within the warranty period, GFX Design will determine the appropriate resolution or remedy. This may include repair, replacement, or refund, at the sole discretion of GFX Design.
8. Customer Responsibilities: Customers are responsible for the proper care and maintenance of the wrapped vehicle as per the guidelines provided by GFX Design. Failure to adhere to these guidelines may impact the validity of any warranty claims.
9. Changes to Terms: GFX Design reserves the right to update or modify these terms and conditions at its discretion. Customers will be notified of any changes, and the updated terms will be effective for all future transactions.
10. Consequences of Delayed Notification: Instances where customers fail to notify GFX Design of issues or failures within the specified timeframe (2-3 days) may result in consequences such as increased difficulty in resolving the problem, potential escalation of damage, or additional complications. Delayed notification could impact the effectiveness of any potential remedies or resolutions, and the customer acknowledges that issues might have been mitigated or prevented with timely reporting.
11. Extended Responsibilities: Customers understand that GFX Design’s ability to address issues promptly and effectively relies on receiving timely notifications. Failure to report issues within the stipulated timeframe may extend the customer’s responsibilities, and any resulting damage or deterioration that could have been prevented with timely notification may fall outside the scope of warranties or guarantees provided by GFX Design.
12. Waiver of Liability: By not adhering to the notification timeframe, customers acknowledge and accept that GFX Design may not be held liable for damages or failures that could have been reasonably addressed if reported in a timely manner. Any subsequent repair, replacement, or refund requests may be subject to additional terms and conditions at the discretion of GFX Design.
13. Prevention of Further Damage: Customers are encouraged to understand that timely reporting is essential for preventing further damage or deterioration. GFX Design will not be held responsible for any exacerbation of issues due to delayed notification, and the customer assumes the risk associated with the consequences of such delays.
14. Customer’s Duty of Care: It is the customer’s responsibility to exercise due diligence in promptly reporting any issues or failures and to act in the best interest of preventing further harm to the wrapped vehicle. GFX Design may, at its discretion, consider the customer’s efforts in minimizing damages when assessing potential resolutions outside the standard warranty period.
By engaging in the vehicle wrap services provided by GFX Design, the customer acknowledges and agrees to the consequences outlined above in the event of delayed notification of issues or failures. These terms are an integral part of the overall agreement between the customer and GFX Design.
2.5 Warranty Exclusions: Warranties are limited to workmanship on installation and do not cover damages that may occur due to malicious intent or accidental damage.
2.6 Dispute Resolution: Any disputes arising from this agreement will be resolved through arbitration in accordance with the laws of the jurisdiction in which the work was performed.
These terms and conditions are subject to change at any time and without notice.
GFX Design is insured in the unfortunate situation that damages, if any, occur at the fault of GFX Design or it’s employees.
3. Print work
GFX Creative Pty (Ltd) trading as GFX Design has established the following terms and conditions regarding proof prints and final prints:
3.1. Proof prints serve as a visual representation of the final print. Upon approval, GFX Design will not be held responsible for the quality or presentation of the final output and any reprints will incur additional fees.
3.2. The client must inform GFX staff of any errors or unsatisfactory prints before taking possession of any products or print work.
3.3. All print work and products supplied by GFX are final and non-refundable nor returnable.
4. Clothing and printables
GFX Creative Pty (Ltd) trading as GFX Design has established the following terms and conditions regarding materials supplied by the client and print quality:
(Please note: Print quality may vary if materials are supplied by the client. GFX Design uses specific materials designed to produce the highest quality prints in each instance.)
4.1. All materials supplied by the client to GFX Design are accepted “AS IS” and GFX Design will not be held responsible for any damage or unforeseen incidents that may occur while the materials are in its possession.
4.2. In the event of defective or poor quality items, including but not limited to embroidery, heat transfer, digital print, and sublimation, GFX Design may reprint or replace the items if deemed unsatisfactory, including issues with stitching, zips, buttons, loose embroidery, etc.
4.3. GFX Design will not be held responsible for unsatisfactory print quality if materials are supplied by the client.
4.4. GFX Design’s liability is limited to the repair, replacement, or reprint of unsatisfactory work produced by GFX Design and/or its affiliates.
A 50% deposit must be paid for all jobs, with the balance due upon completion. No garments or printables will be released until full payment is received.
5. Warranties and Disclaimers
GFX Design provides information on its website to the best of its abilities, but it does not assume any responsibility for the accuracy of the information. The services or products mentioned on the website may be changed at any time without notice. Mention of non-GFX Design products or services is for informational purposes only and does not constitute endorsement or recommendation.
Except as otherwise explicitly stated in a written agreement between the client and GFX Design, all materials and services on the website are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. In particular, GFX Design makes no warranty that:
- The services and materials will meet the client’s requirements.
- The services and materials will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the services or materials will be effective, accurate, or reliable.
- The quality of any products, services, or information purchased from the website will meet the client’s expectations.
- Any errors in the software obtained from the site will be corrected.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on their duration, so the above limitations may not apply. To the extent permissible, any implied warranties are limited to 90 days.
The website may contain technical or other mistakes, inaccuracies, or typographical errors, and GFX Design may make changes to the materials and services at any time without notice. The materials or services may be out of date and GFX Design makes no commitment to update them.
GFX Design assumes no responsibility for errors or omissions in the information, documents, software, materials, and/or services referenced by or linked to the website. References to other corporations, their services, and products are provided “as is” without warranty of any kind, either express or implied.
Under no circumstances will GFX Design or its suppliers be liable to the client or any third party for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including but not limited to those resulting from loss of use, data, or profits, whether or not GFX Design has been advised of the possibility of such damages and on any theory of liability, arising out of or in connection with the use of the website or any website referenced or linked to from it. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply.
The client acquires any materials through the website at their own discretion and risk and with the understanding that they will be solely responsible for any damage to their computer system or loss of data that results from the downloading or acquisition of such materials. No oral or written advice obtained by the client from GFX Design or through or from the website creates any warranty not explicitly stated in the terms of use.
The website may contain links to third-party websites that are not under the control of GFX Design. GFX Design does not make any representations about any other website that the client may access through this site. When the client accesses a non-GFX Design website, they do so at their own risk, and GFX Design is not responsible for the accuracy, reliability, or quality of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on them. GFX Design provides these links merely as a convenience and their inclusion does not imply endorsement or acceptance of any responsibility for the content or use of such websites.
6. Copyright Notice
The materials and services on this site are protected by copyright and/or other intellectual property laws and any unauthorized use of the materials or services at this site may violate such laws. Except as expressly provided herein, GFX Design and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the materials and services.
Except as specifically permitted herein, no portion of the information or documents on this site may be reproduced in any form or by any means without the prior written permission of GFX Design.
Notification of Copyright Infringement
GFX Design will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide GFX Design a Notice containing the following elements:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. A description of where the material that you claim is infringing is located on a GFX Design site and the name of that site;
4. Information sufficient to permit GFX Design to contact you, such as your physical address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Indemnity
You agree to indemnify and hold GFX Design, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this site, your use of this site, your connection to this site, your violation of the rules, or your violation of any rights of another person or entity.
You agree to indemnify, defend and hold harmless GFX Design, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these rules (including negligent or wrongful conduct) by you or any other person accessing this site.
8. Trademarks
The trademarks, logos and service marks (“marks”) displayed on this site are the property of GFX Design or other third parties. You are not permitted to use the marks without the prior written consent of GFX Design or such third party which may own the marks. GFX Design and the GFX Design logo are trademarks of GFX Design.
9. Limitation of Liability
You expressly understand and agree that GFX Design shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GFX Design has been advised of the possibility of such damages), resulting from:
1. The use or the inability to use the site;
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site;
3. Unauthorized access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the site; or
5. Any other matter relating to the site.
In no event will GFX Design be liable for:
1. Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service, even if GFX Design or its authorized representatives have been advised of the possibility of such damages.
2. Any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded and/or obtained through the services of GFX Design.
