░ Foundation Design – The Fine Print


Foundation Design Terms & Conditions

Cost estimates: Foundation Design’s written cost estimates will be deemed to interpret the Customer’s written and verbal instructions. Customers are accordingly advised to exercise due care and attention when checking cost estimates before any further work proceeds. (The term cost estimate includes estimates for the purpose of these terms and conditions.) Foundation Design will endeavour to absorb minor costs resulting from the additional scope of work. Where this is not possible, variations will be agreed prior to the commencement of any work and charged at an agreed hourly rate (ex GST).

Taxes: In addition to any other consideration payable by the Customer under these terms and conditions, the Customer shall pay to Foundation Design all goods and services tax or charge imposed by the Government (or any statutory or regulatory authority) payable by Foundation Design resulting from the supply of any goods or services to the Customer.

Acceptance: Unless a cost estimate is accepted in its existing form within 30 days from the date on which it is given it will be deemed to have been withdrawn. Cost estimates may be withdrawn by Foundation Design at any time by notice in writing. A 30% deposit is required from all new customers before commencing work.

Alterations: Cost estimates are based on original specifications. If through the Customer’s error or change of mind additional work is involved, that additional work will be charged at current rates. 
This includes:

• Customer corrections on & after first proof including any alterations in style;
• all resetting in making the requested corrections;
• all costs related to the requested alterations.

Errors: Foundation Design will not be liable in any way whatsoever for errors or omissions arising from a Customer’s verbal instructions, or where a proof has been submitted to and approved by the Customer.

Experimental orders: Work prepared in an experimental way at the Customer’s request will be considered an order and charged to the Customer. Sketches and concepts submitted by Foundation Design on a speculative basis will remain Foundation Design’s property and may not be used by the Customer (nor will any idea obtained from Foundation Design be used) except for compensation to be determined by Foundation Design.

Claims: Any complaint by the Customer in respect of goods supplied by Foundation Design must be made in writing within 10 days of receipt of the goods. After this time no claim will be recognised by Foundation Design and the Customer will be deemed to have accepted the goods.

Ownership of Material: Prior to payment in full, FoundationDesign retains ownership of all material produced. Following payment in full, unlimited use rights are granted.

Electronics storage: While all work completed is archived and stored electronically on hard drives, Foundation Design takes no responsibility for the safe preservation of that material. If Foundation Design agrees to duplicate or transfer stored electronic material for or to the Customer, Foundation Design may charge the Customer fees for these services. Discs and tapes supplied by the Customer remain the property of the Customer and, unless otherwise instructed in writing, Foundation Design will assume that the discs and tapes are a duplicate copy of the original.

Customer property and property supplied: All property of the Customer which is held by Foundation Design on the Customer’s behalf will be held at the Customer’s risk. Where materials or equipment are supplied by the Customer, Foundation Design will use all reasonable endeavours to secure good results from the use of those materials or equipment. However, Foundation Design does not accept responsibility for sub-standard work caused by defects in or the unsuitability of any materials or equipment supplied by the Customer. If any change or correction is necessary in order to supply properly finished work, the additional work will be at the Customer’s expense. Where the Customer supplies materials or equipment, adequate supplies must be furnished to cover spoilage.

Displaying Work: Please inform us if you have any objection to FoundationDesign displaying your work on our website on completion and following your own public release. We will respect any need you have for confidentiality.

Urgent delivery: If the Customer requests an urgent delivery and that delivery requires overtime or other additional costs, those additional costs will be at the Customer’s expense.

Cancellation of orders: Orders can not be cancelled except upon terms which will fully compensate Foundation Design for all expenses incurred or to be incurred by Foundation Design in connection with those orders and fully protect Foundation Design against any loss which Foundation Design may suffer in connection with those orders. Should an order be cancelled, work done to date will be charged at an hourly rate, as recorded in FoundationDesign’s time-sheets.

Suspended work: The suspension of any work for a period of 30 days will entitle Foundation Design to immediate payment in full of the portion of the work completed.

Liability: Foundation Design will not be liable for any indirect or consequential loss suffered by the Customer including without limitation, loss of profit, loss of revenue or loss of goodwill. To the extent permitted by law, all warranties, conditions and guarantees, whether express or implied by statute, law or otherwise, do not apply to any goods or services supplied by Foundation Design to the Customer. Where the Customer is acquiring goods or services for business purposes, Foundation Design and the Customer agree that the Consumer Guarantees Act 1993 will not apply.

Risk & ownership of goods: Risk of any loss, damage or deterioration of or to the goods passes to the Customer at the company gate. Title in the goods supplied by Foundation Design to the Customer will not pass to the Customer until the Customer has discharged all outstanding indebtedness to Foundation Design in respect of the goods and other monies owing. If the Customer makes a default in payment for the goods or becomes insolvent, bankrupt, has a resolution passed for its liquidation or has a receiver or manager appointed over all or any of its assets, the Customer grants to Foundation Design and its agents an irrevocable licence to enter without notice onto any premises occupied by the Customer and to remove the goods.

Illegal matter: Foundation Design will not be required to produce any matter which in their opinion may be illegal or defamatory in nature. The Customer undertakes to indemnify and keep indemnified Foundation Design from and against all claims, losses, damages, costs or expenses (including legal costs and expenses) suffered or incurred by Foundation Design as a result of any illegal or defamatory matter produced for the Customer or any infringement of copyright, patents, design rights or other intellectual property rights resulting from any matter produced for the Customer.

Payment: Progress Payments are typically invoiced monthly until the end of the project. Payment for any work, goods or services supplied to the Customer by Foundation Design is due on the 20th of the month following the date of the relevant Foundation Design invoice. The Customer will reimburse to Foundation Design all costs incurred by Foundation Design in collecting any payment which is overdue by the Customer (including all legal or other enforcement costs). Foundation Design may charge interest on any payment which is overdue, and such interest will accrue at the current bank overdraft rate and will be payable in the manner specified by Foundation Design.

Disbursements: Disbursements are excluded from this Cost Estimate. For example (but not limited to) travel charges, courier charges, printing & copying, additional dvds, video conversion, incurred fees, etc.

Estimates/quotations: Estimates/quotations are valid for 30 days. Quotes do not include domain names or website hosting unless stated. All amounts are in $NZ. All charges exclude GST.

Pre-work Deposit: A 30% deposit up front is required for all new customers.

Credit limit: Foundation Design may impose a credit limit at its discretion and alter the credit limit without notice. Where the credit limit is exceeded, Foundation Design may refuse to supply goods to the Customer, or require security in a form satisfactory to Foundation Design.

Force majeure: Foundation Design will not be liable for any failure to fulfil its obligations under these terms and conditions if that failure is due to any cause beyond Foundation Design’s own reasonable control.

These terms to prevail: If there is any inconsistency between these terms and conditions and any order submitted by the Customer, these terms and conditions will prevail.