Terms & Conditions

Terms and Conditions governing provision of products and services by Sign Kingdom

1. Application

These Terms and Conditions (“T&C”) apply to all transactions for the provision of goods and services to You by t/a Sign Kingdom (“Sign Kingdom”).

2. Definitions
The following definitions shall apply to these T&C’s:

Artwork” shall mean any drawing, illustration, photograph or logo in which Intellectual Property Rights or Moral Rights subsist and which you request Sign Kingdom to create or reproduce as part of any Order.

Intellectual Property Rights” shall mean the rights in any patents, copyright, designs, trademarks (registered or unregistered), domain names, confidential information and all rights of a similar nature which subsist in Australia or elsewhere whether or not such rights are registered or capable of being registered.

Moral Rights” means the right of integrity of authorship, the right of attribution of authorship of a work and the right not to have the authorship of a work falsely attributed, as defined in the Copyright Act 1968 (Cth).

Quote” shall mean any written quote provided by Sign Kingdom to You in accordance with these T&C’s.

You” shall mean any customer who places an Order, receives a Quote and/or requests goods and/or services from Sign Kingdom from time to time.

3. Enquiries
When making an enquiry or requesting a Quote from Sign Kingdom for the provision of goods or services, You must provide written details of the specifications of the request.

4. Quotes
i) Following Your enquiry, Sign Kingdom will provide you with a written Quote setting out the terms of your order.

ii) Quotes are valid for a period of thirty (30) days from the date of issue.

iii) You shall be deemed to have accepted a Quote where Sign Kingdom proceeds to provide goods and services to You in accordance with the terms of the relevant Quote and these T&C’s.

iv) The minimum charge per Quote is $33.00 (GST inclusive).

5. Deposits and Payments
i) Your acceptance of a Quote is subject to payment of a 50% non-refundable deposit to Sign Kingdom.

ii) Sign Kingdom may, at its discretion, increase the deposit required.

iii) Credit card transactions attract the following surcharges:
a. Visa and Mastercard more than $2,500 (GST inclusive) – 1.5% (plus GST).
b. American Express – 1.5% (plus GST).

6. Artwork Proofs
i) On Your acceptance, deemed or otherwise, of a Quote, Sign Kingdom will provide you with an Artwork Proof Form (“Artwork Proof”) setting out the scope of work to be completed.

ii) Within seven (7) days, unless otherwise agreed, of Sign Kingdom providing you with an Artwork Proof You must advise Sign Kingdom in writing of any changes required, including but not limited to:
a. Layout;
b. Size;
c. Colours;
d. Spelling;
e. Alignment; and/or
f. Position

Sign Kingdom will not proceed with Your order until You return a Signed Artwork Proof.

iii) Should you request a variation to the Artwork Proof then Sign Kingdom may, at its discretion, amend its Quote to reflect the changes to Your Order.

7. Installation
i) If you have requested installation services as part of an Order You must notify Sign Kingdom of a suitable time for the installation to take place.

ii) Electrical wiring and related services are not provided by Sign Kingdom and must be arranged by You.

iii) You must ensure that on the date and time for installation advised to Sign Kingdom, that:

a. The installation site is ready, free and available;
b. Sign Kingdom or its representatives will be able to access the site;
c. The site is free of hazards and dangers; and
d. All relevant council permits and permissions have been obtained.

iv) Where a site is not ready for installation, Sign Kingdom may, at its discretion, charge you a site visit fee.

v) Following delivery and installation of by Sign Kingdom You must satisfy yourself that:

a. You have received the goods in the condition and quantity ordered; and
b. Such goods are fit for purpose, and You must notify Sign Kingdom within twenty four (24) hours if not so satisfied, failing such notification You will be deemed to have accepted the goods in the condition provided and as fit for purpose for which you intend to use them.

8. Deliveries
i) If delivery has been requested or is required Sign Kingdom will follow your instructions for delivery to the best of its ability.

ii) You warrant and agree that Sign Kingdom is not liable for any delays or failure to deliver where Sign Kingdom uses the services of a third party carrier.

9. Deadlines

i) If You have a deadline for delivery and installation, this must be advised to Sign Kingdom in writing.

ii) Sign Kingdom will use its reasonable endeavors to meet deadline requirements.

10. Ownership

i) Ownership of any Artwork, designs or materials provided by Sign Kingdom to You will remain with Sign Kingdom until You have made payment, in full, of the relevant Quote or order to Sign Kingdom.

ii) Should you request use of any Artwork, designs or materials provided by Sign Kingdom to You beyond the scope of a Quote then Sign Kingdom may, at its discretion, charge you additional fees for these services.

iii) Sign Kingdom reserves the right to re-take possession of any Artwork, designs or materials on seven (7) days notice of Your failure to make payment in accordance with clause 13.

11. Intellectual Property

i) You must obtain all necessary Intellectual Property Rights and Moral Rights permissions in respect of any work you request Sign Kingdom to reproduce as part of an Artwork.

ii) You warrant and agree that Sign Kingdom’s reproduction in an Artwork of any materials provided by You will not infringe the Intellectual Property Rights or Moral Rights of any person.

12. Advertising and Marketing
i) As good and valuable consideration for Sign Kingdom providing you with goods and services pursuant to these T&C’s You grant Sign Kingdom a perpetual, irrevocable and royalty free licence to use the Artwork for the sole purpose of promotional, marketing and advertising activities relevant to Sign Kingdom’s business.

13. Payment Terms
i) Unless otherwise agreed Sign Kingdom’s payments terms are cash on delivery.

ii) If Sign Kingdom issues you an invoice on payment terms other than those at clause 13i) above, such invoices are payable within (7) seven days from the date of invoice.

iii) You agree that if payment is not made in accordance with Sign Kingdom’s payment terms, interest at the rate of ten percent (10%) per annum shall accrue on any outstanding amount compounded on a daily basis from the due date and the total amount shall be payable by You to Sign Kingdom as a debt due and owing.

14. Warranties
i) Warranties offered by Sign Kingdom do not apply to third party materials where Sign Kingdom has no control over their manufacture.  In the case of defective products Sign Kingdom may refer you to the third party manufacturer.

ii) Warranties will be void for vinyl/digital graphics on vehicles where pressure water jets or car washes have been used on the area.

iii) You make the following warranties to Sign Kingdom:

a. If a Quote is accepted by You on behalf of a company or other person, you are fully authorized and empowered to enter into an agreement with Sign Kingdom;
b. To the maximum extent permitted by law, all implied terms either by statute or otherwise are expressly excluded from Your agreement with Sign Kingdom;
c. Any and all information you provide to Sign Kingdom is true and correct to the best of Your knowledge and shall not infringe the rights of any third party; and
d. You will not hold Sign Kingdom liable for failure to deliver or install on time where the circumstances of the delay are beyond the reasonable control of Sign Kingdom.

iv) You shall indemnify Sign Kingdom from and against all losses, damages, costs and expenses suffered or incurred by Sign Kingdom, and all claims, demands, actions, suits or proceedings made or brought against Sign Kingdom, arising out of:
a. Your breach of any provision of these T&C’s;
b. Any of the warranties at clauses 7, 8 and/or 11 of these T&C’s; and/or
c. Any loss, damage, or injury, caused by resulting from or in any way connected with goods and services provided by Sign Kingdom to You under these T&C’s, howsoever caused.

v) The indemnity at clause 10iv)c does not apply to the extent that any such loss or damage arises from the wilful misconduct of Sign Kingdom, or any of its officers, employees or agents.

15. Costs
You must pay to Sign Kingdom, on demand and on a full indemnity basis, all costs incurred in recovering any amount owed by You to Sign Kingdom.

16. Goods & Services Tax
If any amounts payable by You are subject to Goods & Services Tax (“GST”), then You are liable to pay the GST on that amount.

17. Waiver
A party’s failure or delay to exercise a power or right does not act as a waiver of that power or right.

18. Notices
Any notices under these T&C’s must be in writing which may be given by personal delivery, pre-paid postage or facsimile to the party’s business address or registered office.

19. Whole Agreement
These T&C’s along with any Quote accepted, or deemed to be accepted by You, constitute the entire agreement between the parties in relation to its subject matter and the parties agree that all prior representations, agreements, statements and understandings, whether verbal or in writing, have not been relied upon and are expressly excluded.

20. Relationship of Parties
The legal relationship of the parties pursuant to these T&C’s is that of principle and contractor, nothing in a Quote or these T&C’s shall be construed as constituting a relationship of agency or partnership.

21. Severance
If any provision of a Quote or these Terms and Conditions is wholly or partly invalid or unenforceable in any jurisdiction, that provision will be severed and will not affect the validity or enforceability of the remaining provisions which will continue in full force.

22. Governing Law and Jurisdiction
These T&C’s are governed by the laws of New South Wales and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and waives any right to any claim of forum non conveniens, inconvenient forum, or transfer or change of venue.