1.1. Definitions in these Terms & Conditions: ‘Agreement’ means any agreement or contract entered into for the provision of Goods and/or Services by Tondo Creative to the Customer; “Tondo Creative” means Kristen Marie Willis trading as Tondo Creative ABN 44 639 591; “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended; ‘Terms’ means these Terms & Conditions of Supply of Graphic Design Services; ‘Copyright Licence’ means the licence to use the Copyright Material granted by Tondo Creative to the Customer; ‘Copyright Material’ means any copyright work produced by Tondo Creative in the provision of the Goods or Services; ‘Customer’ means a person, firm or corporation, jointly and severally if there is more than one obtaining the Goods and Services; ‘Goods’ means any Goods provided to the Customer by Tondo Creative, or procured by Tondo Creative for the Customer and includes without limitation printed stationery, business cards, brochures, and any other printed material or artwork; “Intellectual Property” means all intellectual property rights including copyright, trade marks, designs, specifications, confidential information, (whether registrable or not) owned or licensed by Tondo Creative in respect of the Goods and Services; and ‘Services’ means the provision by Tondo Creative to the Customer of any Services including without limitation graphic design, printing, print brokerage, and internet page and site design services, advertising and marketing.
(a) valid for 30 days; (b) an invitation to treat only; (c) subject to the Customer offering to enter into an Agreement and accepting these Terms.
6.1. Until full payment in cleared funds is received by Tondo Creative for all Goods and Services supplied by it to the Customer, as well as all other amounts owing to Tondo Creative by the Customer (a) title and property in all Goods remain vested in Tondo Creativeand do not pass to the Customer; (b) the Customer must hold the Goods as fiduciary bailee and agent for Tondo Creative; (c) the Customer must keep the Goods separate from its Goods and maintain the labelling and packaging of Tondo Creative; (d) the Customer is required to hold the proceeds of any sale of the Goods on trust for Tondo Creative in a separate account however failure to do so will not affect the Customer’s obligation to deal with the proceeds as trustee; (e) Tondo Creative may without notice, enter any premises where it suspects the Goods may be and remove them, notwithstanding that they may have been attached to other Goods not the property of Tondo Creative, and for this purpose the Customer irrevocably licences Tondo Creative to enter such premises and also indemnifies Tondo Creative from and against all costs, claims, demands or actions by any party arising from such action.
7.1. Any period or date for delivery of Goods or provision of Services stated by Tondo Creative is intended as an estimate only and is not a contractual commitment. Tondo Creativewill use its reasonable endeavours to meet any estimated dates for delivery of the Goods or completion of the Services but will in no circumstances whatsoever be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
12.1. The Customer shall be solely responsible for and shall hold Tondo Creative fully indemnified against any loss or damage arising from or in connection with the provision of the Goods or Services, including without limitation any action for infringement of copyright or trademark brought by any third party against Tondo Creative or the Customer in connection with material supplied by the Customer to Tondo Creative in provision of the Goods or Services.