Terms and Conditions

General

1.1 These terms and conditions apply to the sale of goods and services from Harp to the client.

1.2 Harp will not supply goods and services on any other terms or conditions than those set out herein.

1.3 These terms and conditions shall always apply and are deemed to be incorporated into all contracts between Harp and any client.

Acceptance of Terms and Placement of Orders

2.1 The client is deemed to have agreed to the Fee Proposal by doing one or more of the following:         

  • signing and returning a copy of the Fee Proposal
  • accepting the Fee Proposal verbally or in writing 
  • providing instructions to Harp Collective in relation to the project

2.2 Quotations and Fee Proposals will remain accurate for the duration specified on the quotation, provided that the information upon which the quote was based has not changed. If no duration is specified the duration is specified to be 28 days.

Price and Payment Terms

3.1 Harp requires a 50% deposit of the total amount as stated on the fee proposal to be paid prior to commencement of services.

3.2 The client is liable for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal, debt recovery or other expense associated with any action by Harp to recover money from the client.

3.3 All accounts are to be paid within 14 days of the billing date. Interest may be charged on outstanding balances at the rate of 10% p.a. if this due date is not met.

3.4 If a project has been suspended by the client for longer than 28 days, Harp reserves the right to invoice the client for the work completed up until the point of suspension.

3.5 The Client may not withhold, make deductions from, or set-off payment of any of the amount due to Harp for any reason.

3.6 Harp reserves the right to cease work or withhold any finished work until all outstanding accounts are paid in full.

International Payment Terms

The following additional terms apply in relation to any international payments.

3.7 Unless otherwise agreed, all fee proposals, quotes and invoices are to be in Australian Dollars (AUD). The client is responsible for payment of any fees, charges, withholding taxes or currency fluctuations and these must not be deducted from the amount due to Harp.

3.8 If a fee proposal, quote or invoice is issued by Harp in any other currency other than Australian Dollars, the transfer must be made using the online international transfer platform wise.com and all fees, charges and taxes are the responsibility of the client and must not be deducted from the amount due to Harp. The client will provide Harp with any forms, documents or other certifications as may be required by Harp to satisfy any information reporting or withholding tax obligations with respect to any payments.

Revision Fees and Variations

4.1 Harp DOES NOT count revisions – we will keep working on your project until you are 100 percent happy with it. However, the following circumstances may incur additional fees:

  • Design Changes – any design-based changes past the scope of the information originally provided at the date of quotation may incur additional fees.
  • Incorrect, inaccurate or outdated documentation – any documents provided by the client (such as 3d models, drawings, schedules, mark-ups) that are incorrect, inaccurate or outdated that result in additional time spent by Harp correcting them, may incur additional fees.
  • Missing documentation – if a client is unable to provide all relevant documents requested by Harp or from the ‘Document Checklist’ (delivered at project commencement) that are required to complete the visuals and Harp is required to create their own design, any revisions to Harp’s initial design may incur additional fees.
  • Any changes to camera angles/position after chosen angles have been confirmed by the client that result in significant additional time spent working on the project may incur additional fees.
  • Any feedback/tweaks/changes required by the client after viewing preview/draft images issued by Harp, must be communicated to Harp before the next set of previews are issued. Any feedback that is held back that could have been given in an earlier revision may incur additional fees.
  • Any revisions requested after the final high resolution imagery has been issued may incur additional fees.

     

Harp’s revision fees are charged at the hourly rate of $180/hr.

Delivery

5.1 All indications of timing contained in the fee proposal, given verbally or in writing are to be used as a guide only. While Harp makes every reasonable endeavour to follow them, no responsibility is accepted if it is unable to do so.

5.2 Unforeseen out-of-pocket expenses (such as couriers and postage) are not included in and are additional to the fee proposal. Such expenses will be billed by Harp to the client on the invoice and the client is liable to pay for any such costs incurred by Harp in performing the work for the client.

Background Photography

6.1 Fees for background photography are not included unless itemised in the fee proposal. If the client chooses to appoint its own photographer, in order to ensure the best outcome for the clients images, Harp recommends that we brief the photographer and attend photo shoots (priced at an hourly rate of $180/hr).

Responsibility

7.1 Harp only provides true representations of a design, and can refuse to accept requests to misrepresent the product or space.

Intellectual Property

8.1 Any preliminary visuals provided by Harp are to be used only as a guide to visualize the final product. These visuals are the property of Harp and are not to be used by the client for any purpose other than those agreed to by Harp.

8.2 Any visuals created by Harp for its clients may be used by Harp for purposes it sees fit.

8.3 All visuals created by Harp are to be used strictly for the original intended purposes and may not be reproduced, duplicated or distributed without written permission from Harp. Any designs and specifications for structural property development remain the property of the originating client. Copyright in the visuals created from these designs by Harp remains the property of Harp, unless assigned in writing to the client. Harp may use the client’s designs to create additional visuals for its own marketing purposes and copyright in such visuals remains the property of Harp.

Indemnity

9.1 The client undertakes and agrees to indemnify Harp against any and all claims from 3rd parties arising from or in anyway connected or associated with the provision of services by Harp. This includes, but is not limited to:

  • any claims or liability which may arise because the client has misrepresented the product or space;
  • any claims or liability which may arise as a result of the client providing incorrect information or instructions; and
  • any claims or liability for infringement of any third-party intellectual property rights.

Termination

10.1 Both parties may terminate the contract upon 14 days written notice to the other party.

10.2 If the contract is terminated for any reason, the client will be charged for the work completed up until that time.

Jursidication

11.1 The contract between Harp and the client is made in the state of Western Australia and the parties agree to submit all disputes arising between them to the courts of such state.