Policies
TERMS & CONDITIONS
This is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide.
“Client” or “you” means the entity, acquiring goods or services from us in the Engagement Agreement.
“Engagement Agreement” means this information including the Terms and Conditions, and any related quotes, proposals, schedules and annexures.
“Services” means the scope of the services specified in the Proposal, Engagement Agreement, or as varied in accordance with these Terms and Conditions.
Purpose, Scope and Output of the Engagement
Harby Studios will provide professional services at your request. We will provide the Services to you in accordance with the relevant professional and ethical standards. The details of the services provided in this agreement are detailed in the latest quote, proposal, schedules and annexures.
Unanticipated Services and Out of Scope Services
Only the services which are listed in the latest quote, proposal, schedules and annexures are included within the scope of our instructions. If there is additional work that you wish us to carry out which is not listed in the schedule, any additional work will be quoted to you before the commencement of said additional work. Once the scope of the additional work is agreed upon, we will issue an additional or updated letter of engagement, quote or variation and will ask you to approve the new agreement before we commence the new work.
Furthermore, you agree that if an unanticipated need arises, this additional work will be performed only after arriving at a mutually agreed-upon price and a change of service request, variation or new quote is accepted.
Period of Engagement
This engagement starts on the Client’s approval of the quote or a mutually agreed date and is valid until it’s ended by mutual agreement or superseded by a newer engagement. We will not deal with earlier periods unless you specifically ask us to do so and we agree. You or we may agree to vary or terminate this agreement at any time without penalty. Notice of variation or termination must be given in writing.
Service and Price Guarantee
Harby Studios will always stand behind the quality and professional nature of the services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We’d love the opportunity to correctly address your concerns and allow us to correct any issues, win back your trust and prevent similar problems from happening in the future.
If you are still not satisfied with the outcome of our services, we will work towards a mutual agreement regarding services completed to date and payment for these services, and for any services to be completed in the future.
Our advice and information is for your sole use, and we accept no responsibility to any third party, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work.
Ownership of Documents
All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our records. All working documents and files created by Harby Studios will remain the property of Harby Studios, however the client has full use of all final published or final approved documents created for them. Should the client require working files, they may be requested, and Harby Studios may approve their release with any associated charges for workmanship and time to package and release files.
Client Responsibilities and Warranties
In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required to provide the Services; as allowed for by law; or with your express written consent.
The Client is responsible for the reliability, accuracy and completeness of pieces of work, particulars and information provided and disclosure of all material and relevant information. Clients are also responsible for providing us with such materials and relevant information in a timely manner so that we may provide our Services to you in a timely manner. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to the Client is only an opinion which is based on our knowledge of the Client’s particular circumstances and is informed by our knowledge along with the information, materials and particulars provided to us by the Client.
You agree that we are entitled to rely on the accuracy and completeness of any information you provide us under this agreement and in order to provide our services to you. Harby Studios accepts no liability or responsibility for any loss, damage, claim or expense that you may suffer as a result of you providing us with inaccurate, incomplete, incorrect out of date or untimely materials, particulars or information, and you waive and release us from any and all such liability.
You agree to pay Harby Studios the Fees in accordance with the proposal and/or quote.
You warrant that you have not relied on any representations or warranties made by Harby Studios in respect of the Services which have not been expressly set out in the proposal and/or quote.
Outsourced Services
We may involve third party contractors or outsourced service providers in providing various or specialist aspects of your work if necessary (such as photography and videography etc).
Acceptance of our services in conjunction with this engagement document indicates your acceptance of the use of outsourced services as described above. Where the outsourced service requires the disclosure of personal information to another recipient, a consequence of your consent is that Harby Studios will be required to take reasonable steps to ensure that Australian Privacy Principles are complied with by the recipients of the Personal Information.
Harby Studios has taken all available measures to ensure the security and privacy of your data is protected and follows the notifiable data breaches scheme as outlined in the Privacy Act 1988.
Limitation of Liability
If relevant to the body of work, our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils’ website. (https://www.psc.gov.au/).
Termination of this engagement
Subject to any statutory provisions that apply to the Services, and unless otherwise outlined in this Terms document, either party may terminate this engagement at any time by giving 30 days written notice to the other. Either party may terminate this engagement immediately if the other commits any material or persistent breach of its obligations under this agreement, in particular the Terms and Conditions set out in the Engagement Letter (which, in the case of a breach capable of remedy, has not been remedied within 7 days of discovery by the party in breach), or if the other becomes insolvent.
In addition, we may terminate this engagement on reasonable notice if any of the following circumstances occur:
- you fail to pay our accounts on time;
- you fail to provide us with requested information;
- you fail to provide us with adequate instructions;
- your instructions involve acting contrary to the interests of another client;
- a conflict of interest has arisen or it is not appropriate for us to continue to act on your behalf;
- we are no longer be able to provide all or part of the Services to you; or
- for any other reasonable and just cause.
In addition to our other rights, upon termination you will be required to pay our charges for work done, and for any expenses incurred up to the date of termination together with our reasonable costs and expenses incurred in connection with the early termination of this engagement.
Termination of this engagement is without prejudice to any rights that may have accrued before termination. The Terms and Conditions of this agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind the parties.
Force majeure
Neither party will be liable to the other for any delay or failure to fulfil their obligations under this agreement if that delay and/or failure arises from causes beyond their control, including but not limited to fire, floods, acts of God, acts or regulations of any government or supranational authority, war, riot, terrorist activities, strikes, blackouts, communications/internet down-time, lockouts and industrial disputes.
Electronic Communications
You agree that we will at times be communicating with each other by electronic means such as e-mail, SMS etc. We and you each recognise that e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. In addition, the internet is prone to viruses. We and you each recognise these hazards and so each of us will be responsible for protecting our own systems and interests and neither of you nor we will be responsible to the other on any basis for any loss or damage in any way arising from the use of electronic communication.
Billing
Services may be billed on a fixed rate or hourly billing rate, as indicated in the proposal and/or quote. Where we cannot provide a fixed rate quote, we will quote an hourly rate in cases of project work where it is difficult to define the scope of the service required. In the case where you have been quoted an estimate based on an hourly rate, Harby Studios will inform the Client of the amount of time used before we issue the final bill and collect payment. Our professional fees will be based on our regular billing rates, plus out-of-pocket expenses that all attract a markup and applicable GST, and are due when rendered. Fees for additional services will be established separately.
Invoicing and Payment
Fees charged are for services as described in the proposal and/or quote only unless instructed or agreed. Fees do not included manufacture, installation, media bookings, printing or production of work unless stated.
We will submit our bill(s) on a regular basis for deposits and project completions, or for retainer clients at end of month/start of the new month. If an extension of our services is requested, we will discuss our fee arrangements at that time if necessary.
Payment terms are “due on invoice” unless stated otherwise on the invoice. Late payments may incur a 10% late payment fee.
We reserve the right to suspend our services or to withdraw from this engagement in the event that any of our invoices are deemed delinquent. In the event that any collection action is required to collect unpaid balances due to us, you agree to reimburse us for our costs of collection, including lawyers’ fees.
Prices and rates are subject to change, with rates generally reviewed annually.
Privacy Act
We may collect Personal Information about your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988(Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you. We will handle personal information in accordance with the Privacy Act.
Confirmation of Terms
Please review and acceptance these terms to indicate that it is in accordance with your understanding of the arrangements. This letter will be effective for future years unless we advise you of any change.
Acknowledgment of Terms of Engagement
By accepting the quote, you confirm you have read and agreed to these terms and conditions, and have the authority to contract on behalf of the Client.
COPYRIGHT POLICY
All design and production material prepared by Harby Studios is protected under international intellectual property laws governing copyright and cannot be photocopied, scanned or reproduced in any other media, or stored on any electronic device without prior consent of Harby Studios. Breach of this copyright will result in legal action.
PRIVACY POLICY
This is the Privacy Policy of Harby Studios (ABN 80 407 223 035) (“we”, “us” and when relating to us, “our”).
We are committed to protecting the privacy of our contacts, customers, suppliers and employees (“you” and when relating to you, “your”) and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act)
In this policy we describe how we manage your personal information.
1. The kinds of personal information we collect
The kinds of personal information that we collect include:
(a) contact details such as name, role or position, address, email address, and telephone contact details;
(b) information about your marketing interests and requirements and the marketing services that you may wish to purchase;
(c) information regarding our communications with you and your attendance at seminars and promotional events held by us;
(d) if you are an employee or prospective employee, information about your qualifications, skills and work experience;
(e) if you are a supplier or prospective supplier, information about your business skills, services, products and prices;
(f) Information and data related to statistical information regarding access, views, and use of our website and promotional emails.
2. How we collect personal information
2.1 We collect personal information by various means including when:
(a) you contact us with a question or inquiry;
(b) you subscribe to our newsletter;
(c) you attend a seminar or event where we are hosting or presenting;
(d) you visit our website.
2.2 Where practicable we collect personal information about you directly from you. However, we may have collected information about you from a third party such as a client, a third party information provider or a person responding to our questions or inquiries.
2.3 If you are a client and do not provide us with name and address information we cannot provide services to you.
2.4 If you do not provide us with accurate personal information we may not be able to carry out our instructions or achieve the purpose for which the information has been sought.
3. The purposes for which we collect, hold, use and disclose personal information
3.1 We collect, hold, use and personal information in order to:
(a) respond to your enquiries;
(b) provide information and services;
(c) employ competent and diligent personnel;
(d) monitor or improve the use of and satisfaction with our services; and
(e) let you know about developments, our expertise and services that may be of interest to you.
3.2 We disclose personal information:
(a) in order to carry out the instructions of our clients; and
(b) subject to our confidentiality obligations, when using services in support of our business.
4. The parties to whom your personal information is disclosed
4.1 Subject to our confidentiality obligations, we may share some relevant personal information with:
(a) our digital, internet, email and mobile application marketing team for the purposes of providing you our newsletter, invitations, media statements, updates and other online services; and
(b) third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website or technology services.
5. Disclosure of information outside the jurisdiction of collection
Some of the third parties described above including our service providers and related bodies corporate may be in the United States and Canada and other countries, in respect of providers of technological services to us
6. Opting out of marketing communications
6.1 We may, from time to time, send you newsletters, invitations, updates, and other digital communications about our services.
6.2 You can opt out of receiving further such communications by notifying us via return email, specifying “opt out” in the subject line, using our contact details or by clicking the “unsubscribe” option at the bottom of any marketing email or other digital communication received from us.
7. Security
7.1 We take all reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure offices and limit access to personal information to individuals with a need to know.
8. Access, corrections or updating personal information
8.1 You can contact us to access, correct or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days.
8.2 Examples of circumstances where we may refuse to give you access to your personal information include where:
(a) giving access would be unlawful;
(c) giving access would have an unreasonable impact on the privacy of others;
8.3 If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.
8.4 These actions can usually be taken by contacting us using the contact information on the “Contact Us” section below.
9. Notification of Changes
If we decide to change our Privacy Policy, we will post a copy of the revised policy on our website or you can request a copy be sent to you.
CONTACT US
If a breach of any of these policies occur or you would like to contact us, please notify us in writing at:
Harby Studios
PRIVATE & CONFIDENTIAL
PO Box 282, Leederville WA 6903
We will endeavour to respond to any notification within 14 days.
