Acceptance of Terms and Conditions of Use
Thank you for visiting APFD.The APFD website has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before accessing or using the APFD website. These Terms and Conditions govern your use of the APFD Website. By using, visiting, or browsing the APFD Website, you accept and agree to be bound by these Terms and Conditions. Unless we specifically agree, you cannot copy, distribute, publish or alter the Website content.If you do not agree to these Terms and Conditions, you should not use the APFD Website.
Modification of these Conditions of Use
APFD reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the APFD website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
1. ACCEPTANCE OF ORDERS AND QUOTATIONS
1.1 These Conditions of Contract set out below apply to all orders accepted by Australian Sales & Marketing Group Pty Ltd T/As APFD Australian Printing and Flyer Distribution (ABN 75 143 638 644) (“the Company”) to all APFD quotes accepted by a customer or potential customer (“Customer”) and to all contracts for the purchase of services from APFD.
1.2 APFD may at any time and from time to time alter these Conditions of Contract and such altered Conditions of Contract shall apply to all orders placed or quotations accepted after notification by APFD to the Customer of the relevant changes.
1.3 APFD is not bound by any variation to these Conditions of Contract unless recorded in writing and signed by a duly authorised Officer of APFD. These Conditions of Contract shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the Customer.
1.4 All quotations are valid only for a period of thirty (30) days and APFD may, in its discretion, refuse any purported acceptance by the Customer which occurs after that time.
1.5 The Customer acknowledges that it does not rely on any representation made (if any) by or on behalf of APFD in relation to the commercial value of Services provided by APFD and relies entirely on its own enquiries and evaluations in relation to the commercial value of any such Services.
2.PERFORMANCE OF SERVICES
2.1 The Customer acknowledges and accepts that APFD may carry out services for other customers at the same as providing Services to the Customer. Even in Solo Distribution your material may go out with other material if that material is date sensitive.
2.2 APFD shall not be responsible for any loss or damage caused by, any failure or delay to provide, the Services including where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of APFD.
2.3 APFD may sub-contract the performance of part or all of its obligations to provide the Services.
3. Graphic Design
3.1 Nothing herein conveys to either party any right, title, interest in the other party’s pre-existing intellectual property. All intellectual property rights created by or arising out of the performance of the Services by APFD will vest in APFD. Upon payment of fees due and owing in respect of the relevant Services, APFD grants to the Customer a perpetual and royalty free licence to use the same for the purposes of enjoyment of the benefit of the Services.
3.2 Unless otherwise agreed, should any circumstances occur whereby the client, at any stage, decides not to continue with finalizing design project the client is still liable to pay at least 75% of the full quoted amount stated on invoice of that project.
3.3The online design brief form must be completed prior to project commencement. Your designs will be based on this brief provided.
3.4 APFD offers up to 5 rounds of changes, unless agreed between client and APFD. An hourly rate of $55 per hour is applied thereafter.
3.5 Whilst every care is taken, the final check of the design artwork is your responsibility. APFD will not be held responsible for any errors or misspellings in the design artwork.
3.6 For all design jobs, a 100% upfront payment is required before project commencement. Unless otherwise agreed, if invoice amount is not paid within 14 days, APFD will take legal actions against the client and all the legal expenses will be borne by the client.
This section 4 applies to print service forming the whole or part of the Services provided by APFD.
4.1 In creating printed materials for the Customer,APFD will submit to the Customer for approval, prior to publishing, distributing or issuing those printed materials in accordance with the Customer’s order or instructions, a draft of those printed materials (“Proof”).The Customer must promptly review, check and verify the design and content of the Proof. The Customer releases APFD from and against all liabilities, loss, damage, demands, claims, costs and expenses caused by any inaccuracy or other defect in the printed materials which were present in the Proof reviewed by the Customer. The Customer indemnifies APFD and its employees, agents and contractors against all liabilities, loss, damages, demands, claims, costs and expenses incurred by them as a result of the publication, distribution or issuing of the printed materials including any reliance placed by any person on their contents.
4.2 CUSTOMER SUBMITTED ART FILES
APFD requires that all art files supplied by you for the purpose of producing printed matter adhere to the following formatting standards:
(a) All art files must be in a CMYK format before they are submitted. APFD is not liable for any colour shift that occurs in conversions from RGB to CMYK colour modes.
(b) All art files must have a minimum resolution of 300 DPI (Dots Per Inch) before they are submitted. APFD is not liable for degraded print quality resulting from art file elements (artwork, graphic images, photographs etc.) that fail to meet this standard. Additional formatting standards may apply.
4.3 ONLINE PROOFING & COLOR MATCHING
APFD does not provide nor purport to provide any colour matching guarantee as pertains to screen-viewable, electronic (online) proofs approved by Customer and printed matter produced thereafter. Online proofs are provided solely for reviewing positioning, text accuracy, image proportion and placement. Orders that require colour matching must include the purchase of a high resolution, paper proof. Unless specified in the order, all charges related to the production and delivery of a high resolution, paper-proof is your sole responsibility.
4.4 Once a print order has been placed from the client, it cannot be cancelled under any circumstances once printing process has commenced. Full Invoice amount will be payable by the client.
4.5 Company is not responsible for trimming variations caused by incorrect or insufficient bleed.
4.6 Fonts MUST be embedded in all documents, otherwise fonts may appear to display correctly on your screen but may not print correctly. We take no responsibility for artwork supplied where fonts are not embedded.
4.7 We may from time to time indicate estimated delivery times, but we cannot guarantee delivery times or be held responsible for delays caused by manufacturing or delivery.
5. LETTERBOX DISTRIBUTION SERVICES
This section 5 applies to a letterbox distribution service forming the whole or part of the services provided by APFD.
5.1 The Customer acknowledges and agrees that:
(a) Its Materials for distribution may be distributed together with and may be bundled with, materials of other customers of APFD, and
(b) APFD does not guarantee full distribution of all Materials to all households within the agreed distribution areas, and accepts no liability for any failure to deliver to all households within agreed distribution areas. Factors beyond APFD’s control such as health and safety issues, hazardous conditions, adverse weather conditions, accessibility of letterboxes, signs on letterboxes and the independent nature of APFD’s distribution contractors may adversely affect distribution.We confirm that the maximum achievable penetration level will be eighty percent excluding the “NO JUNK MAIL” letterboxes.
(c) At any given time, a particular agreed distribution area may not be fully covered, or covered at all, by APFD’s distribution network. APFD reserves the right to change the scope and size of distribution areas at any time.
(d) Letterbox counts provided to clients via our websites or in writing are an estimation and should not be considered as actual quantities. The company uses various agencies, including Australia Post to estimate the number of letterboxes within postcode sectors and or specific geographical areas, as the data is provided by third parties. As a result APFD does not guarantee the accuracy of letterbox counts.
5.2 Whilst every effort will be made to meet the agreed schedule, inclement weather or other circumstances beyond the company’s control may require varying both the method and the timing of the distribution.APFD does not guarantee when delivery and distribution shall take place. The specific days and times of the provision of Services during the period allocated for the Services shall be at the absolute discretion of APFD.
5.3 APFD will not be liable for any loss or damage caused by or contributed to by any delay, loss, omission or misplacement of Materials during its performance of the Services.
5.4 All Materials must be delivered to APFD within the timeframes specified by APFD, to the delivery address specified by APFD, and not less than three (3) working days before distribution is to commence. Any additional costs incurred by APFD as a result of a failure to comply with this clause will be charged to and paid by the Customer.
5.5 Where any Materials cannot be processed, or removed from APFD’s premises within two (2) weeks of initial delivery to APFD, a minimum cost of storage of $100.00 per week or a charge based on commercial pallet storage rates, whichever is the greater, will be charged to and paid by the Customer.
5.6APFD DOES NOT in any way guarantee that your company will generate business or receive a positive response from the letterbox distribution campaign.
5.7 The Client must insure against the accidental loss or damage by the Company of the Promotional Material. The Company has no liability for any loss or damage to Promotional Material, howsoever caused.
5.8 The Company uses third party courier services to pick up promotional material from client’s provided address and is not responsible for delay in delivery or loss of stock in transit.
5.9 APFD reserves the right to refuse, suspend or terminate any provision of Service or future provision of Service at any time by oral or written notice without being required to give any reason and without being liable for any loss or damage incurred by the Customer or any third party as a result.
6. Delivery of Materials
6.1 The materials must come from the client or his printers at the time confirmed. We are not liable for any losses anyone incurs from the actions of 3rd parties.
4.2. All promotional materials must be delivered to us in a safe manner. Each box must be marked or have a leaflet stuck in a visible place and not heavier than 15kg.
4.3. Every pallet must have a document displaying the number of boxes and name of the client.
4.4. The client is responsible for confirmation of requirements with his or her printers.
4.5. If the materials are received at a date later than confirmed, we will try to help the client. In this case we may not be able to saturate the area as previously confirmed.
4.6. If the materials are less in number than agreed, the client is responsible for delivering the remaining numbers to us or asks for credit as the payment will not be effected.
4.7. If the materials are more than agreed, the client will pay the difference for any numbers outside of the agreement. Other ways the client is responsible for recovering the rest of materials from us.
7.1. All orders are accepted, subject to full pre payment via cleared funds, unless agreed in writing by the company & subject to a satisfactorily completed account application form.
- The price of the Services (“the Price”) is the Company’s quoted price. Quotations will be valid for 30 days from issue. The Company is only bound by orders which it has accepted in writing. An accepted order can only be cancelled or varied with the Company’s consent.
7.3. No Set-Off will be allowed for any reason.
7.4. Dishonoured Payments will incur a charge of $50.
7.5. If credit is granted and the Client fails to make any payment when it is due then, without affecting any of the Company’s other rights or remedies, the Company is entitled to: cancel the contract or suspend the performance of the Contract; charge the Client interest at 24% a year; withdraw all credit facilities extended to the Client and require immediate payment of all outstanding invoices whether or not these are due for payment; and/or cancel and withdraw any trade or other discount allowed on the Price.Any unpaid invoices will incur all debt collection & or legal recovery cost.
7.6. If the client, being an individual, is the subject of an interim order, suffered the making of a Statutory Demand or petition for bankruptcy order or the customer, being a firm, partnership or company, has an administrator or receiver appointed, is served with a winding up order, the firm is dissolved or makes any composition with its creditors, all monies owed to the company fall due immediately.
7.7 The Client must, on request, pay any additional cost to the Company in supplying the Services caused by: any breach, default, delay or variation by the Client of its obligations under the Contract or these Conditions; any factor beyond the Company’s reasonable control; any change in the dates of the supply of the Services which the Client requires; or any delay caused by the Client’s instructions or the Client’s failure to give the Company adequate information or instructions when the order has been accepted the quotation or at any other time.
8. Complaints Procedure
Any complaint in respect of the distribution must be made in writing providing the name and full address (including 4 digit post code) of any alleged non delivery and must be received by the Company within three(3) days of the Finish Date of the distribution giving full details of the complaint alleged. If the complaint is not received within that period the Company will not be able to undertake the appropriate action to investigate and remedy the complaint and the Company will not be liable to the Client for the complaint or any claim loss cost liability expense or demand arising there from.
8.1 If some of your material is dumped and it is proved to be done by one of APFD’s distribution agents, you must notify APFD immediately providing the exact location of the dumping so that APFD can take proper action to rectify the problem. APFD will then confirm the dumping by immediately sending a supervisor to the location to recover the material and then APFD will redistribute the material at its expense.
8.2 If the client fails to notify APFD of the dumping and fails to make any contact with APFD regarding any other complaints within 72 hours of completion of the job, APFD will be released of any responsibility associated with the distribution campaign.
8.3 Any complaints received after 72 hours will not be investigated because statistics show that residents have poor retention for this information and are unable to recall accurately if they have received a piece of advertising in the mail or not after this time has lapsed.
8.4 If a complaint is received from a client but there is no means of verifying the complaint, ie. no witnesses, no material found, no names or addresses given and no other means of proving the complaint is true, APFD will be released of any responsibility to pay compensation or investigate the complaint.
9. Disclaimers and Limitation of liability
The APFD Website and its contents are provided “as is” and we make no representations or warranties of any kind with respect to this Website or its contents. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the delivery of any content contained on this Website, any losses or damages arising from the use of the content provided on this Website, or any conduct by users of the APFD Website. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall APFD, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
9.1 The Customer warrants that any and all Materials and Pre-Print Materials:
(a) Do not contain any matter which is obscene, defamatory, or illegal or which infringes any copyright, trade mark or other intellectual property right;
(b) Are accurate and up-to-date;
(c) Can be used in providing of the Services without contravening any Law or the rights of any third party; and
The Customer will and does hereby indemnify APFD its employees and agents against all liability, claims, actions, proceedings, losses, damage, costs and expenses incurred by APFD arising out of or relating to any breach by the Customer of its obligations in these Conditions of Contract, any breach of warranty by the Customer, the content of the Materials and Pre-Print Materials, and any negligent or wrongful or unlawful act or omission on the part of the Customer, its employees or agents.
9.2 The Company will have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Promotional Material or instructions supplied by or on behalf of the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client not attributable to the Company.
9.3 To the extent permitted by law, APFD’s liability for any loss or damage arising from or relating to the provision of the Services, including negligence, shall be limited at APFD’s discretion to one of the following:
(a) Payment of the cost of supplying the relevant Services in respect of which the loss or damage arose; or
(b) Supplying the Services again.
In no event will APFD have any liability to the Customer for any additional loss or liability, including any indirect or consequential loss or damage, resulting from APFDs provision of the Services or otherwise, including without limitation liability for the costs of replacing any Materials, or in the event of non-delivery of Materials, liability for the production and printing costs of the Materials.
9.4 The Company is not liable to the Client for any failure or delay in performance of its obligations under the Contract which is beyond its reasonable control including any difficulty obtaining suitable Personnel or difficulty procuring performance by Personnel of obligations they have undertaken. The Company will inform the Client as soon as reasonably possible of any such occurrence.
9.5 Disclaimer for Accuracy of GPS units: GPS tracking unit may at times provide an erroneous reading because of one or all the reasons below
a. 8.1 GPS unit manufacturers’ state that this type of equipment is accurate to WITHIN 10 METRES so some variation may be apparent with some tracks.
b. We have noted some instances of interference where tracks appear to deviate from a logical course. Most likely this type of interference is from communications equipment such as radio base units, mobile phone cell stations, overhead power-lines
c. Mobile phone and GPS unit in close proximity (hence our walkers are instructed that the GPS Unit and mobile phones are kept very separate).
d. Between the time of 10.00 am – 12.00 am (EST) because of GMT 0000hr is not accurately resolved on the mapping software.
10. CANCELLATION POLICY
Before job commencement: A refund of 50% of the total cost will be reimbursed to the client.
After job commencement: No refund is applicable. All undelivered stock will be collected and returned to the client. Client may collect balance of stock from nominated warehouse.
11. Governing Law
The Customer agrees that these Conditions of Contract shall be construed according to the laws of New South Wales, and the parties submit to the jurisdiction of the courts of that state.