TERMS OF SERVICES
Fifthcolourmedia.com is the domain registered and operated by the registered business FIFTHCOLOUR MEDIA in Australia and its ABN: 66 487 284 706. The Australian owned and operated Individual / sole trader has registered different versions of the business names under the same ABN since 2008, which are Zeebra media solutions, Screen Colours, FIFTHCOLOUR Multimedia, Fifthcolour.com which are merged now to one name and operate under FIFTHCOLOUR MEDIA, and the ABN is still the same.
The website fifthcolourmedia.com provides visual and text information about the overall creative services that we offer to the public. By accessing or using any part of the content on this website, information, data, text, images, video, and other materials (‘material’) on this website, you must agree to the terms and conditions or written permission from us to use it.
COPY RIGHT AND TRADEMARK
Acknowledge that all the content including the information, graphics, images, videos, phrases, terms, icons, written and other materials are published on our business website may the intellectual property and the copyrighted works of FIFTHCOLOR MEDIA and/or various third-party providers. Some of the third-party Icons and branded logos, images, videos are used on our website for information purposes only to the customers, we are capable / accredited of using the third-party products/services to provide a better service to our clients' creative needs.
Some of the images, videos, typography, and other materials used in this website are not the intellectual properties of FIFTHCOLOUR MEDIA. We have used these materials under the free commercial use license or pro license provision from the third-party providers to show our service availability and capabilities to the public. We are acknowledging those third party’s products and services, time, efforts, creativity and respecting and giving credit to their artworks and other visual content used on this website.
‘Not Permitted’ any part of this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed, or transmitted in any form by any process without the specific written consent of “FIFTHCOLOUR MEDIA”. Please contact us if you would like to place a link to any part of this website to any third parties.
FIFTHCOLOUR MEDIA can provide a free job estimate/quotation or proposal to the clients who contact us, based on the brief or instructions provided by the client. If the client accepts the Quotations before its expiration date / placing an order, instructing FIFTHCOLOUR MEDIA to proceed with the order, the client makes sure to pay 50% of the total Production/service cost before starting the job. As part of the completion of the job, if the job required any third-party product/ services to include within the job, the client must pay 100% of the total cost of the third-party product and services before starting the job. For example, software’s to install, hosting services, domain registration, plugins, etc...
Third-party service/production costs can change at any time and the sole rights exist with the third parties and the FIFTHCOLOUR MEDIA has no responsibility/right to end their service or change the cost of their product and services. Most of the third parties calculate their product or service cost in US dollars. So, the conversion rate to AUS$ to USD$ may change from time to time depending on the Global exchange rates and we have no guarantee and responsibilities to the money exchange ratings. If the client accepts the Quote, they must contact FIFTHCOLOUR MEDIA before the 10 days of the quote’s expiration date and inform us they have accepted/reject the proposal in a written email or statement. Prices included in Quotations are based on our current cost of production, third party products/services (exchange rate may vary from time to time), (materials, labour, machine services, time, delivery etc.).
If the Client wants to add additional products/ services to the accepted quote, it is the Client’s responsibility to pay the additional cost of production/service charges before the completion of the job. The Client must provide the whole picture of their job requirements before generating the job quotation. After generating the quotation or once accepting the quotation, we the FIFTHCOLOUR MEDIA, have the sole right to continue or cancel the quotation if it is not strictly following our terms and conditions.
All payments in AUD$ and all prices are based on product/services specified in the Quotations. Once the client accepts the job proposal, the Client must pay 50% of the total cost before starting the job. If the completion of their project required a third-party product/ service to integrate, the client’s must pay 100% of the third-party product/services cost before starting the job. If the client wants to add a product/ service to the accepted quote, the client must pay off all the additional costs before the final proof. Once a Design / Print /Host job has been approved by the Client to the ‘Production line’,
it is the Client’s responsibility to pay off all the approved full payment before the final production / output / publishing of the job.
If the ‘Approved full payment’ is not credited to the FIFTHCOLOR MEDIA account before the final production/output, it may delay the completion of the production/services. If the client, does not pay the full payment before the final production/service within a certain period (7days from the final consent), ‘FIFTHCOLOUR MEDIA’ are not responsible for the loss/ damage / deletion / cancellation of the ‘Order’ from our production line or database. Once the ‘Full Payment’ is credited to the ‘FIFTHCOLOUR MEDIA’ account, we will notify the customer by e-mail and the despatch/host the final output ASAP with ‘Invoice’ to the required delivery address.
The Client has no 'COPYRIGHT' / 'OWNERSHIP' to publish of any of the project, services used from us, until they should pay off the total service cost for any of the project they requested from Fifthcolour Media. Unless, we Fifthcolour Media has the exclusive intellectual property right / ownership of every project we have serviced with.
We encourage / accept all our transactions directly to our ‘Bank/PayPal’ accounts to avoid paper transactions. The account details will be provided to the clients once they accept the job quotes.
For the material product/electronic file delivery, we are using third party delivery services including Australia Post/Local-Interstate-International Courier Services and other third-party channels with their reasonable Insurance and liability across Australia and International services. Every effort will be made to deliver on time, but any delivery date specified by us is the best estimate and no liability is accepted for any loss arising from delay in the delivery, it completely depends on third party services and their sole responsibilities.
We will not be liable to you for any failure to supply any delay or non-performance, which is unforeseeable, unavoidable or beyond our control, including industrial disputes, public disturbance, lockouts, transport delays, natural disasters, breakdown of hardware or defects in software, network interruptions or failures, data corruption, viruses, bugs, or other malware or harmful components, shortage of supplies of materials or labour, power or electrical failures or other failures or delays of utility providers, subcontractors or suppliers or any accidents of any kind. We can provide you with the relevant information / estimated length of duration concerning service delay (if it is available).
For the electronic version of delivery, we can deliver the e-files to the Client’s preferred form of delivery, it may be G drive delivery, Dropbox delivery, USB etc... We are not liable for any failure/delay for the non-performance/interruption of these third-party services and products.
CANCELATION OF JOB:
If in any circumstances, the client decides to cancel the order/service, before the ‘Final Approval’ of a project, we will deduct 20% of the service charges from the ‘Upfront paid 50% of the total cost’ and we will repay the rest to the Client under certain conditions. If the Client decides to cancel the job after the ‘Final Approval’, we will not pay back the ‘Upfront paid 50% of the total cost’. If the Client decides to cancel the job after sending the files to the ‘Production line’/start the job on ‘Production line’ / ‘Hosting / submit a website/application’, the Client must be liable to pay 100% of the total production/service cost to FIFTHCOLOR MEDIA. In the case of the website / application /e version of the production / publication process, if the client is not liable to pay 100% of the total production cost, the service may interrupt / cancel from the live performance.
Once the customer has decided to cancel the job in writing, the client has no right/ownership of the job/service which we have produced/ created for them. The third party has no right to use it, and it is completely belonging to the ‘FIFTHCOLOUR MEDIA’ and it is our intellectual property.
If the client has supplied any supporting Docs/Artwork or any kind of electronic files for the Job/Service, we will return them to the client ASAP. FIFTHCOLOUR MEDIA has a sole right to accept or reject the job if the work does not fully follow our terms and conditions at any stage. We have a zero-tolerance policy to not accept any kind of abusive, harmful, blasphemous, or obscene language nature of the job, but not limit to any kind of threat / immoral / abusive / harmful sort of jobs against the community and any sort of animals. We believe and respect everyone’s dignity, rights, personal values, and privacy.
Once the Client accepts the job Quotation, it is their responsibility to provide/supply the whole’ content ‘they wished/required to include in the project, unless they must pay the additional services/production charges to find out the ‘contents’ for their project. Unless the Client may request the FIFTHCOLOUR MEDIA to find out the whole contents for the project and the cost must include in the job quotation or pay separately. It may include artworks / photographs / fonts / videos / templates / electronic documents for the completion of the project. It is the client’s responsibility to supply ‘high-quality files / materials' for the project.
FIFTHCOLOUR MEDIA is not responsible / liable / taking care of the ‘quality of the Client-supplied supporting doc's which will affect the final output. The ‘Quality’ may include resolution / colour / readability / transferability etc.
FIFTHCOLOUR MEDIA has no responsibility / legal liability for the ‘Origin’ of the ‘Client-supplied supporting materials (copyright etc.)’ to use in their order/service. We are using third party providers paid commercial rights applied licensed products, paid pro licensed products / services /artworks to any of the projects. We may oppose/reject the use of the supporting docs supplied by the client if they contain any kind of inappropriate videos / pictures / words / phrases / security issues, but not limited to the Community. We are encouraged to use/create artworks or content for any project, for100% appropriateness and safe to the community. We have a sole right to send a job quotation / accept the job or not from the public.
FIFTHCOLOUR MEDIA can normally provide three versions of electronic proofs (jpeg/pdf) to the Client. It may vary the nature of the projects. For example, some of the large versions/complicated sorts of the projects may be subject to restrict one or two versions of proof supplied to the Client. There will be ample opportunity for the Client’s to change/add the artworks/colours etc. to their project before the ‘Final Proof’.
It is the customer’s responsibility to check the proof thoroughly / on time and we are not liable for delays in the order/service caused by the customer’s non-approval of the proof for the completion of the project. It is the customer’s responsibility to check/correct the proof, misspelling / graphics / images / resolution / grammar / bleeds / fonts / size / colour etc. Once the Client finalises the proof with written notification, we will supply a ‘Final proof (PDF/JPEG – it is not a production quality file)’ will be issued before sending the files to the production line for every project. Once the Client approves the ‘Final proof’ is ready to go to the production line / publication, the Client must notify us with a written notification. It is the Client’s responsibility to do the corrections and if anything, you have found after the final proof to contact us ASAP to correct the project before sending the files to the production/publication line.
If the Client using our services to the third-party production line such as printers etc.., we will not supply the files without the Client’s written consent. If the Client accepts the electronic version of the final product, we are ready to supply it once the Client finalized the total cost of the project. If there is any future alteration / edit to the project it may charge an additional cost of the services. FIFTHCOLOUR MEDIA can store the files for a reasonable time in our archive but will not be liable for storing any data on USB / disc / clouds or other media storage systems once the project has been completed. The Client has the responsibility to store the files after the completion of any project with us.
The Client must keep the confidentiality of each project and must pay off the total cost of each project before publishing any part of the project. Similarly, FIFTHCOLOUR MEDIA agrees to maintain the confidentiality of each client and their projects, all the materials supplied by the Client to FIFTHCOLOUR MEDIA to produce their project. We the FIFTHCOLOUR MEDIA has a right to publish the samples of every project what we have created with our business to show on our website, fifthcolourmedia.com, to inform the public about our service availability/capability to their creative needs. Unless the Client must notify FIFTHCOLOUR MEDIA to not publish any part of their project on our website.
No warranties we can offer for the third-party product/services integrated within the projects, especially, but not limited to, domain registration, web hosting, script installation, site security services etc. These services are provided on an “AS IS” and “AS AVAILABLE” basis. We have no liability with the third-party product / services availability or service interruption.
These terms and conditions will be reviewed from time to time to take account of new changes to our operations and practices and the changing business environment. If you have any questions about our terms and conditions, please contact us on FIFTHCOLOUR MEDIA, P.O. Box 390, Brooklyn Park, SA 5032, Adelaide, Australia.
Moreover, FIFTHCOLOUR MEDIA leads and is operated by real humans, and we accept the natural human errors to negotiate. We can offer, negotiable cost of production, delivering high-end outcomes, free job quotes with unique & custom design services.