Terms and Conditions

Project(s) Approval: A payment of an advance fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website, with all quotes and invoices, and at any time by request to GDR Marketing and Distribution Pty Ltd.

 

Fees: fees and charges for the services to be provided by GDR Marketing and Distribution Pty Ltd are defined in the project quotation that the Customer receives via e-mail or post. Quotations are valid for a period of 30 calendar days. GDR Marketing and Distribution Pty Ltd reserves the right to alter or decline a quotation after the expiry of the 30 calendar days.

 

Items in a quotation provided by GDR Marketing and Distribution Pty Ltd are quoted to a ‘fixed price’ based on the Client requirements and information provided. No extra charges will be incurred to complete any quoted items unless further requirements, scope change, scope creep or information is provided to GDR Marketing and Distribution Pty Ltd by the Client which significantly changes the aforementioned quoted item. Any extra charges will be quoted to the Client prior to commencement of the additional quoted item.

 

Standard terms for Marketing Projects require an advance deposit payment of a minimum of fifty percent (50%) of the project quotation total before the work is commenced and submitted to the Client for review. The remaining fifty percent (50%) of the project quotation total will be due upon completion of the work prior to the project launch, send or live campaign. Charges for the project do not cover the release of IMC source code and graphical elements created in the campaign or project mix such as; HTML, email files, jpg, wordpress, psd, ai, png etc. this also includes open source code and plug-ins. A separate quotation for these items can be prepared if the Client requires these items. Please note all 3rd party and Open Source software remain the property of the respective copyright owners and where applicable Open Source software will be supplied under the GNU license agreement.

 

Customer Consultation: Where consultations are required between GDR Marketing and Distribution Pty Ltd and the Client, charges may apply. Initial consultations which occur at GDR Marketing and Distribution Pty Ltd offices or telephone consultations are free of charge at 1st round briefing stage, known as “Ascertain and Discover”.

 

Customer Consultation and Sign-Off: GDR Marketing and Distribution Pty Ltd will provide the Customer with regular opportunities to review the appearance, layout and content of the projects during the design and creation process. The initial stage of creation involves the ‘design shell’ of the Marketing Strategy, Planning or Marketing Design Project which, once finalised and approved by the Client (Known as “Round one changes”), subsequent second round changes will not be amended without additional cost to the Client. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies GDR Marketing and Distribution Pty Ltd otherwise within ten (10) calendar days including statutory holidays of the date the materials are made available to the Client via email, post, or electronic fax.

 

Turnaround Time and Content Control: GDR Marketing and Distribution Pty Ltd will provide the Customer’s project by the agreed date wherever possible, unless a delay is specifically requested by the Customer and agreed by GDR Marketing and Distribution Pty Ltd. In return, the Customer agrees to delegate a single individual as ‘Subject Matter Expert’ to aid GDR Marketing and Distribution Pty Ltd with the project deliverables to progress the project in a satisfactory manner within the project scope, timing and budget.

 

During the project, GDR Marketing and Distribution Pty Ltd will require the Customer to provide text copy and content images. If content is not provided within four (4) weeks of an official request by email then GDR Marketing and Distribution Pty Ltd reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules should any changes in pricing schedules occur during this time.  If content is not provided within eight (8) weeks from the original email or facsimile request then the Customer is considered to be in default and the project will be terminated and the Customer sent the final invoice for immediate payment. GDR Marketing and Distribution Pty Ltd will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

 

Additions/Extras: Any additional items, pages or other features requested by the Customer to be included in an already quoted or invoiced project will be assessed by GDR Marketing and Distribution Pty Ltd and quoted or billed separately. As additions or extras are deemed out-of-scope and will have to be accounted for a new request/quote.

 

Payments: Payments will be made as per the GDR Marketing and Distribution standard payment structure or agreed upon terms as per quotation. Accounts that remain unpaid thirty (30) days after the date of the invoice incur a service charge in the amount of two percent (2%) per month of the total gross amount due.

 

Accounts unpaid: Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on GDR Marketing and Distribution Pty Ltd’s operations (online or offline), GDR Marketing and Distribution Pty Ltd will, at its discretion, remove all such material from the public domain, staging servers, test servers or other private public channels. GDR Marketing and Distribution Pty Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of their obligation to pay any outstanding fees or charges assessed to the Customer’s account. Cheques returned for insufficient funds will incur a return charge of $50 and the Customer’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay GDR Marketing and Distribution Pty Ltd’s reasonable expenses, including all legal fees and costs for debt collection by third-party agencies, incurred by GDR Marketing and Distribution Pty Ltd in enforcing these Terms and Conditions.

 

Termination of services: Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing and signed and dated by an authorised Director of the company, entity, or service. The Customer will be invoiced for any strategy work, planning, emarketing or design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

Ownership of any and all strategy papers, copy, promotional plans, social networking assets, design, files, layouts and other items related to the project remains with GDR Marketing and Distribution Pty Ltd until full and final payment has been made for the project. Ownership is transferred from GDR Marketing and Distribution Pty Ltd to the Customer upon final payment of the project. Some project methodology and process may still be retained by GDR Marketing and Distribution Pty Ltd if part of our Intellectual property (as noted in point 12) and used for the project for release for a specific project but only as a ‘one shot’ use and cannot be repeated or renewed without GDR Marketing and Distribution Pty Ltd’s authorisation and this may require a release Fee to be determined per instance.

 

Copyright(s): The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants GDR Marketing and Distribution Pty Ltd the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting GDR Marketing and Distribution Pty Ltd permission and rights for use of the same and agrees to indemnify and hold harmless GDR Marketing and Distribution Pty Ltd from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested at any time by GDR Marketing and Distribution Pty Ltd.

 

Intellectual Property: Any functions, coding, programming or other systems created by GDR Marketing and Distribution Pty Ltd which controls the Customers Marketing Project (online/offline) remains the property of GDR Marketing and Distribution Pty Ltd at all times. Upon the final payment of the Marketing Project, the Customer becomes the owner of the style, layout, copy, general design and graphic design of the Marketing Project. The Customer also retains ownership all of the content placed onto the Marketing Project. The content, style and design on the Marketing Project will be made available should the Customer elect to leave GDR Marketing and Distribution Pty Ltd professional services.

 

Media – Customer Requirements: Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disc, via e-mail, or electronic drop box) which has been proof read and signed-off by the customer and that all photographs, images and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Images and photographs requiring external scanning, retouching, or documents provided in hard copy requiring re-typing will incur further charges. Although every reasonable attempt shall be made by GDR Marketing and Distribution Pty Ltd to return to the Customer any images or printed material provided for use in creation of the Marketing Programme, such returns cannot be guaranteed.

 

IMC watermark and credits: A link to GDR Marketing and Distribution Pty Ltd will appear in either small type or by a small graphic at the bottom of the Customer’s marketing material or online web presence. If a graphic is used, it will be designed to fit in with the overall site design as a footer watermark.

 

Access Requirements: If the Customer’s Web site is to be installed on a third-party server, GDR Marketing and Distribution Pty Ltd must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server which may incur further charges by the Customers third-party server provider.

 

Post-Live handover and live project alterations: GDR Marketing and Distribution Pty Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed, live and operational. Such alterations include, but are not limited to plug-in’s upgrades, template edits, CSS edits, additions, modifications or deletions.

 

Domain Names: GDR Marketing and Distribution Pty Ltd may purchase internet domain names on behalf of the Customer. Payment and renewal of those domain names is then charged and paid by the Customer to GDR Marketing and Distribution Pty Ltd. The loss, cancellation or otherwise of the domain brought about by non-payment or late payment is not the responsibility of GDR Marketing and Distribution Pty Ltd.

 

Distribution terms: If you wish to proceed you will need to complete a booking form (which contains other relevant information) and return it to GDR within the booking time frame specified.

In some instances GDR can accept later bookings but they may incur a surcharge.

 

Our terms require that:

  • Bookings must be confirmed in writing at least three weeks prior to the start of the project.
  • All material must be delivered to our premises in Girraween for any booking in NSW or another specified address for other states, no later than two weeks prior to the start date.
  • All material must be bundled in lots of 50 or 100 and quantity clearly marked on boxes, otherwise a bundling fee of $10/1000 will be charged.
  • The invoice must be paid in full at the commencement of the project or else the project including distribution will not commence.

 

GDR Complaints Policy – Distribution Only

Complaints must be received within 48 hours of completion of the project in order for GDR to verify and investigate. Clients must provide GDR with names and addresses of streets or addresses in question so that GDR can request an investigation to Australia Post (is this meant to be in here?)  to undertake a thorough audit of the distribution and provide a comprehensive report on the findings.

 

Any complaints received after 48 hours will not be investigated because statistic 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 period. Therefore investigating more than 72 hours after a distribution will not provide an accurate report.

 

GDR Marketing and Distribution Pty Ltd will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is a confidential nature relating to the business strategies, intellectual property, customer data, products, services or processes related to the Customer. The obligation of this confidence will cease to apply regarding any information GDR Marketing and Distribution Pty Ltd is required to disclose by law.

 

Governing Law: This Agreement shall be governed by the laws of New South Wales and any applicable Australian Federal Law.

 

GDR GROUP

Level 1, 65 Pirrama Road
Pyrmont, NSW 2009

T 1800 657 797