Hipfish Design Studio
ABN 87 993 738 532

Hipfish Design Studio is in the business of providing marketing, printing, graphic design and website design and website development services for a fee.

Standard Terms & Conditions
These conditions, which are construed under Australian Law, are applicable to Hipfish Design Studio (The Company) and
should be read in conjunction with other documents and/or the correspondence comprising our offer. These documents are usually labelled Client Proposal and Client Services Agreement.

WHEREAS, the Client finds that the Company is willing to perform certain work as described herein & WHEREAS, the Client finds that Hipfish Design Studio is qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of the Client’s business. Client desires to engage Hipfish Design Studio to render, and Hipfish Design Studio desires to render to Client, certain services, as set forth in the Client Proposal/Quotation.

On acceptance of a quote, Client Agrees to engage Hipfish Design Studio to render, and Hipfish Design Studio agrees to
render to Client, certain services in connection with Client‘s design, branding and marketing of Client‘s business.
For any accepted quote, Hipfish Design Studio will create, prepare and submit to Client for its approval up to two concepts, one major set of changes and one minor set of changes, unless otherwise specified in the Proposal/ Quotation.

The Proposal/ Quotation states that certain materials need to be supplied by the client namely:
• All relevant images supplied individually as jpgs, tiff, ai, eps files in the format they are required to be used and with clear & relevant file names. To Be supplied digitally or on CD or DVD disc.
• All relevant content as final wording to be used ( text in editable file type ie word / notepad )
• Website Domain & Hosting details if not supplied by Hipfish ( password/logins )
• Initial version work for design commences after materials are received. All dates shall be delayed by the number of days by which the Materials Supplied by the Client are late.

1. The Contract for all forms of graphic design and web based services (Supplies) are based on the conditions herein.

2. A twenty to fifty per cent deposit is required prior to the start of the project. (figure - at the discretion of The Company)

Dependant upon the project, Interim payments may be invoiced. Final Invoice to be paid prior to sending to print or delivery of the completed project or prior to a website going ‘live’.

2a. For more complex / multi jobs, we request 50% deposit plus retainer payments in the amount of AU$1000.00 per month, starting one month after the deposit payment, until the work is complete, when the Final Payment will be due. Rate or billing adjustments shall be credited or charged to Client on the next following regular invoice date or as soon as otherwise practical.

3. The Client shall be responsible for payment for all Supplies at the order of The Company or any other person acting on behalf of the Client. Such order may be by purchase order, written request or verbal request.

ADDITIONAL EXPENSES
The Client shall pay Hipfish Design Studio on an hourly basis for services provided hereunder. The rate will be determined by the type of services provided and the person or persons providing such services, but in no event shall the rate exceed AU$150+ GST per hour.

4. Accounts will be rendered either monthly as the work proceeds or in stage payments if previously agreed. Payment of all accounts and invoices without retention or discount is required within seven days from the date of invoice, interest being chargeable on overdue accounts at 2% per month above the Average Lending Rate of the ANZ Banking Corporation with an additional $10 per month handling fee.

a. The Company will issue one statement only for each invoice submitted.

b. Unpaid invoices will bring about automatic suspension of any Supplies by The Company, 30 days after invoice date.

c. The Company cannot be held liable for any loss of business resulting from the termination of any accounts.

d. The Company cannot be held liable for any potential future loss of business resulting from the termination of any
accounts.

e The Company cannot be held liable for any loss of business resulting from the termination of any Supplies.

f. Not withstanding delivery of Supplies to the Client the title in the Supplies will remain with The Company until the price
thereof has been paid in full to The Company provided that the risk of loss or damage to the Supplies will pass on to the
Client upon delivery.

g. The Client acknowledges that it shall be in possession of the Supplies solely as bailee for The Company until payment
of the price in full to The Company. If payment is not made pursuant to the terms of this agreement, The Company (or its nominated agent) may, without prejudice to any of its rights, retake possession of the Supplies, as its own property and for this purpose the Client irrevocably licenses The Company (and its agent) to enter upon the premises of the Client.

h. In the event that the Supplies are resold or distributed by the Client before the Client has paid all monies due to The
Company in respect of those Supplies, the entire proceeds from such resale shall be held by the Client in trust for The
Company and the Customer shall apply such proceeds for payment of the said monies due to The Company.

i. REJECTION/CANCELLATION OF PROJECT
The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the
project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing
for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the billing for all additional labour and expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Hipfish Design Studio may become a party by reason of this contract.

j. COMPLETION OF PROJECT
Any alteration or deviation from the Proposal/Quotation involving extra costs will be executed only upon approval with
the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation
delays, unforeseen illness, or external forces beyond the control of Hipfish Design Studio, shall entitle Hipfish Design Studio to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.

5. Any offer will remain open for acceptance for a period of 30 (thirty) days from the date of our contractual estimate/quotation. If, for any reason, The Company is not permitted to commence the work within 30 (thirty) days of acceptance of our offer, we reserve the right to re-negotiate.

6. Any claims in respect of Supplies must be made within seven (7) days of delivery of the goods and in this respect time
shall be of the essence. No returns will be accepted unless authorised by The Company in its sole discretion (conditionally or otherwise) in advance.

7. Any rates quoted, or standard schedules included, relate to works within Australia unless specifically stated to the
contrary.

8. Reports, drafts and all other records provided by The Company are private and confidential between the Client and
The Company and they may not be used or relied upon by any other party without the prior consent of The Company.
Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

9. Title in the Supplies together with all the information contained therein and all data generated under the Contract,
between The Company and the Client, shall remain vested in The Company until the Client has discharged all its
obligations to The Company. Discharge of obligstions to the company does does not discharge copyrights or intellectual
property from The Company. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

10. Notwithstanding Condition 7 above, copyright and all intellectual property rights in the Supplies prepared by The
Company for the Client, shall remain vested in The Company unless otherwise negotiated.

11. All Supplies created for the Client by The Company are assigned a license of use. This license of use cannot be
transferred to another 3rd party unless otherwise separately stated by The Company.

12. Under no circumstances shall The Company be liable to the Client for an indirect or consequential loss suffered by
the Client relying on the information included in the Supplies prepared by The Company including (without limitation)
loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated
with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive
overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately
agreed in writing.

13. Where the Client intends to use any Supplies or information provided by The Company, or any Supplies and
information becomes involved in litigation then the Client will both advise The Company in writing and seek the
approval prior to using the report. The Company reserves the right to refuse to provide documents for use in litigation.

14. The total liability of The Company is to the Client only whether as to specie, quantum or duration of liability, no
other obligations are to be implied into the Contract, whether as to the giving of bonds, warranties, or guarantees
unless expressly detailed therein. Liability to any third party for any reason is specifically excluded unless separately
agreed in writing.

15. The Company will use all reasonable endeavours to meet quoted completion dates. However, time is not the
essence of the Contract and The Company will not be liable in cases of late reporting, however, caused, nor shall
lateness be deemed to be a breach of Contract or an act of negligence.

16. Changes to any Supplies completed (Authors’s corrections) or part completed requested by the client or any other
part beyond our control, will be charged to the Client on a time basis at of $150 (One hundred and twenty dollars
Australian) per hour + GST.

17. Unless specifically stated, our price does not include for any costs or services which may be required from other
Consultants, should other Consultants be required the client shall bear the net costs of such.

18. Unless specifically stated, all prices are exclusive of GST (Goods and Services Tax).

19. In the event of any mistakes by any third party suppliers engaged on your behalf, Hipfish Design Studio cannot
be held responsible but will endeavour to work with the supplier to have any mistakes rectified as quickly as possible.
Hipfish Design Studio cannot be held responsible for any delays this causes.

20. PRINTING:- There are two types of printing available - Regular and High Quality Pantone. Only High Quality Pantone
printing guarantees an absolute colour match. Unless otherwise stated all print quotes are for Regular printing which
means there can be slight colour variations to the finished goods.

REPRODUCTION OF WORK
One-time reproduction rights for the specified project, at the agreed fee, are granted to
the client. Any other usage must be negotiated. Hipfish Design Studio retains all reproduction rights on the copyrighted
work. The work may not be reproduced in any form without consent from Hipfish Design Studio. Hipfish Design Studio
retains rights to use the completed project and any preliminary designs for the purpose of design competitions, future
publications on design, educational purposes and the marketing of the designer’s business. Where applicable the
client will be given any necessary credit for usage of the project elements.

Any variations to these Standard Terms and Conditions must be in writing from Hipfish Design Studio

EXAMPLE OF CLIENT COPYRIGHT LICENSE AGREEMENT

Hipfish Design Studio
ABN 87 993 738 532

COPYRIGHT OWNER DETAILS
Copyright Owner Type: COMPANY
Name: Hipfish Design Studio
Address: 150 Wood St, Mackay, Qld, Australia / www.hipfish.com.au
Creator: The Creator of the Copyright Work is the Copyright Owner

COPYRIGHT WORK DETAILS
Copyright Work for: Company Name
Copyright Work description: Work Description i.e. Logo/Website

MORAL RIGHTS DETAILS
Creator`s right of attribution reserved: YES
Creator`s right of integrity reserved: YES
RIGHTS GRANTED: Work is copyrighted to Hipfish Design Studio. Hipfish Design Studio warrants that the copyrighted work is owned solely by Hipfish Design Studio. Work does not infringe on the rights of any third party. Hipfish Design Studio as Licensor has the power and authority to grant the license to Named Company. Work can only be used by Named Company (The Licensee) one time only, in the medium for which it was designed * (unless otherwise agreed in writing). Hipfish Design Studio insists on a high quality standard of usage. Hipfish Design Studio reserves the right to review and approve the usage.

APPLICABLE JURISDICTION: Australia & International

* Logo: Company Logo is copyrighted to Hipfish Design Studio. Hipfish Design Studio warrants that the copyrighted work is owned solely by Hipfish Design Studio. Company Logo does not infringe on the rights of any third party. Hipfish Design Studio as Licensor has the power and authority to grant the license to Company . Company Logo can be used by Company (The Licensee) in any medium they require. Hipfish Design Studio insists on a high quality standard of reproduction. Hipfish Design Studio reserves the right to review and approve any new work incorporating the licensed material.

LOGO STYLE GUIDE EXAMPLE

Hipfish Design Studio
ABN 87 993 738 532

Please observe the logo style guidelines when using a logo created by Hipfish Design Studio.

In order to preserve and protect a professional brand image, wherever the logo is used, consult the guidelines below:

This Style Guide is to ensure that consistency and professionalism is maintained wherever the brand image is used.

COMPANY

The logo is a unique trademark used to identify all properties, products, services, marketing and communication materials related to a company.

When using the logo:
Never alter the logo design in any way
Never distort or alter the shape of the logo
Never create the logo using an alternate font
Use the correct logo color combinations
Never use unapproved colored versions

A logo created by Hipfish Design Studio is copyrighted to Hipfish Design Studio. Hipfish Design Studio warrants that the copyrighted work is owned solely by Hipfish Design Studio. Hipfish Design Studio as Licensor has the power and authority to grant a license to a company.

We believe that material within is correct and not misleading. However, HIPFISH Design Studio, its employees and consultants give no warranty in relation thereto and disclaim liability to any person in respect of any loss or damage suffered by any such person in reliance on any of the material contained herein.

Links to other sites

Any links to other websites do not constitute or imply endorsement or recommendation of any specific company or commercial product or service.

Intended Use

Do not attempt to upload, change or place materials on, circumvent security features, or use the website for anything other than its intended purpose. Violators may be subject to prosecution under applicable legislation.

Copyright

The material in this web site is copyright © 2005 onwards by HIPFISH Design Studio. Permission is granted for personal non-commercial use only. Educational, commercial, organizational and government users need the prior written permission of the copyright owner.

The material on this site may not be altered, reproduced, redistributed or copied in any way, shape or form without the prior written permission of the copyright owner.

Internet privacy policy

HIPFISH Design Studio treats all information obtained via the Internet in the strictest of confidence. Any information will be used exclusively for the purpose for which it was made known to us. Without approval, this information will not be made accessible to third parties, nor transferred to such in any form.

Hipfish Design Studio

You will receive certain materials from Hipfish Design Studio, either in the form of a 'proof' or as completed artwork. Hipfish Design Studio owns the copyright in the overall selection, coordination, arrangement and enhancement of such 'Materials', and owns the rights in, or license of, the individual components of such content. Any 'material' commissioned by you may be used by you once it is in its completed form and as long as it remains unchanged from its original completed format.

Any materials supplied to you by Hipfish Design Studio, including but not limited to, design, design elements, style, text, software, photos, video, graphics and audio, (collectively "Materials") are protected by international copyright, trademark and other laws and remain the property of Hipfish Design Studio and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the design, style, text, images, audio and/or video.

You do not acquire any license, ownership or other rights to the Materials supplied to you by Hipfish Design Studio. Modification of the Materials is a violation of Hipfish Design Studio's copyright, trademark, intellectual property rights and other proprietary rights and may violate other laws.