THE BEST PRACTICES OF TERMS OF SERVICE GUIDELINES

FIFTHCOLOUR MEDIA® is a dynamic design collective with diverse skills and knowledge that excels in traditional print design, modern web development, and inventive digital design techniques.

Our extensive and diverse array of graphic design offerings that are tailored to meet the needs of every client. Recognised by industry giants such as Google, Microsoft, Bing, and Facebook, we have demonstrated our proficiency in delivering top-notch design and cutting-edge digital marketing strategies.

As an official professional entity registered with the Australian Securities and Investment Commission, FIFTHCOLOUR MEDIA is a respected and reliable presence in the graphic design industry. Visit our website, fifthcolourmedia.com to learn more about the Australian based graphic design service provider, FIFTHCOLOURMEDIA. Our logo, business name, and tagline are officially registered and trademarked with IP Australia. The concept of the fifth colour symbolises the extra colour utilised in traditional printing to enhance colour precision and vibrancy in every designs. This is the inspiration behind our choice of the name fifthcolour for our design services, as we strive to create visually stunning and unforgettable design encounters that deeply resonate with audiences.

The website, fifthcolourmedia.com, provides the information about our services, terms of service conditions, policies and other information to increase public awareness and understanding of our services. By accessing or using any part of our website data, text, terms, taglines, images, videos, animations, logo and other documents attached in our website, you must obtain our written permission and strictly accept our terms and conditions for using it.

As passionate graphic designers, our primary focus is to create the most engaging design solutions that effectively communicate our clients' messages and goals. At our organization, we hold and maintaining a high level of respect and admiration towards all of our esteemed clients.

FIFTHCOLOUR MEDIA® prioritise transparency and clarity in all aspects of our business operations, we strongly encourage our Client's to thoroughly review our terms of service before initiating any project.

FIFTHCOLOUR MEDIA respects the right, privacy and is committed to protecting all information we may gather regarding our customers and website visitors. We do not store any personal information of our customers on any cloud, server, or any other online platform. We safeguard the collected information in a secure offline environment and will refrain from disclosing or distributing it to any third parties. Please refer to our privacy policy for more details.

Thank you for visiting our terms of service page. We kindly request that you take a moment to review the best practices of terms of service guidelines outlined on this page. These terms of service conditions provide significant information regarding our rights and your obligations when using our services. We strongly urge all of our clients to carefully review it before signing an estimate or project proposal. It is essential that all of our clients agree to accept our terms of service policy in order to use our services. If you have any further clarifications, please contact us before signing any estimate or project proposal.

COPYRIGHT AND TRADEMARK : ~

All content found on fifthcolourmedia website, such as information, images, videos, taglines, phrases, terms, icons, written documents, and other published materials, may be owned by FIFTHCOLOR MEDIA or our third-party partners.

The elements displayed on this site such as, images, logos, videos, and other elements are intended for informational purposes to providing insight into how we operate, the range of services we offer, and the expertise of our team and our commitment to delivering exceptional results and exceeding client expectations.

It is important to note that all the displayed materials on our website are not our own intellectual property. Some may have a shared commercial use of license or be supplied by a third party to highlight their services and our services to the public. As a professional service provider, we place a significant value on the contributions made by third parties. We recognize and appreciate the time, efforts, and inventiveness that these individuals or organizations bring to our projects and endeavors.

No one shall make use of, link, embed, screenshot, frame, reproduce, perform in public, distribute or transmit in any way whatsoever on our website without the explicit written consent of FIFTHCOLOR MEDIA. Kindly get in touch with us if you wish to incorporate any portion of our website into any third-party properties.

PROJECT ESTIMATE REQUEST : ~

FIFTHCOLOUR MEDIA is able to provide complimentary job estimates to all of our customers who contact us with their creative project requirements. We can give you a quote for a print design, website development, digital design, or other creative service. Before providing an estimate, it is important that the client provides a comprehensive overview of their project requirements. This enables the project estimator to devise a customised approach and strategy that aligns with the client's vision and objectives, ultimately leading to a more efficient and effective project estimation. With a strong commitment to quality outcomes to every project, FIFTHCOLOUR MEDIA holds the exclusive right to accept or decline any project estimate request. This decision-making authority allows us to carefully evaluate each potential project based on its alignment with our values, capabilities, and resources.

FIFTHCOLOUR MEDIA uphold a strict content policy to maintain the integrity and reputation of our brand. This policy ensures that all content produced or shared aligns with our values, objectives, and legal obligations. As professionals, it is our strict policy to ensure that all projects are free from any inappropriate content, including videos, images, words, and phrases that go against morality and harmony of the community standards. We reserve the right to refuse or discontinue the project has any content that does not comply with these guidelines. It is important for each client to provide comprehensive information about any project before its commencement in order to ensure its comply with our content policy guidelines.

When the client accepts our proposed project estimate, they are required to sign it and provide us with an email acknowledging their acceptance of our terms of service conditions and the proposed total project cost. Any additional services that are incorporated into the ongoing project will result in an additional expense for the client. This is due to the fact that adding additional services requires additional time, resources, and expertise from our team.

Furthermore, It is of utmost importance that the client take the necessary steps to ensure a smooth and successful business transaction, should ensure to pay off 50% of the total estimated cost prior to commencing any project. The remaining portion of the total estimated cost should be paid off prior to sending the final product and services to the Client. If the Client fails to pay off the entire project cost or any additional expenses prior to delivering the final product or service, we hold the sole authority to retain the final product or service.

It is imperative that clients adhere to the signed conditions and estimates agreed upon at the onset of the project. Failure to do so, it is within our sole authority to hold or discontinue the project until the client comes into compliance with the agreed terms. Every project estimate is usually valid for a period of 7 business days, unless the client contact us to request an extension.

As professionals in the creative industry, we firmly believe in recognizing and compensating the value of our time, effort, and skill that goes into into each project we undertake. By ensuring fair compensation for our services, we uphold the integrity and quality of our craft while also fostering a sustainable career for ourselves and our peers. Therefore, we have established a policy to ensure that only fully compensated work is shared with our team. This not only respects the creative work of individuals but also demonstrates our commitment to upholding industry standards and fair compensation for intellectual property. We do not offer pitches or ideas without proper payment.

It is crucial to maintain control over the projects we take on by reserving the right to accept or reject any project requests. At the beginning of any project that involves third-party products or services, the clients to be held responsible for covering all associated expenses in advance. This includes costs such as domain name registration, website hosting, SSL site security, plugins, add-ons, scripts, templates, fonts, images, footage, and so on.

The cost for third-party products and services may change without prior notice, and FIFTHCOLOUR MEDIA is not liable for any modifications or changes applied to the third party services. Third-party providers have the discretion to modify or discontinue their product and services at any circumstances. Clients may receive notification of any changes to third party products and services, which will take effect immediately.

To request a project estimate, it is convenient to visit the designated pages on our website and complete the'request a quote' web form for print design, web design, and digital design services.

PAYMENTS : ~

In accordance with industry standards and regulations, all payments are required to be made in Australian dollars for services rendered. Prices are clearly stated in every job estimate to provide clients with a detailed breakdown of costs and prevent any misunderstandings or disputes over billing. Upon the acceptance of any job estimate, it is imperative for the Client to adhere to the policy of paying 50% of the total amount prior to commencing work. The remaining balance of any project and services should be paid in full before the final delivery. If the Client fails to pay the total project cost before the final delivery of any project or services, then we have the sole authority to hold the final product or services for the Client.

All payments are to be made directly to our designated bank account. The account details will be provided to the client upon acceptance of the job estimate for each project. FIFTHCOLOUR MEDIA assumes no responsibility for delays in the execution of any project or service if the client is delaying payment for the full project estimate on time. It is standard practice for clients to adhere to signed agreements stipulating that they have no rights to utilise, distribute, or disclose any aspect of a project until full payment has been rendered.

The majority of third-party products and services (domain registration, web hosting, site security integration, scripts, templates, addons, plugin, softwares, subscriptions, fonts, multi media resources and so on) are in USD, and the exchange rate between AUD and USD may vary depending on global currency exchange rates. In the event of any modifications in the pricing of third-party products and services after approval, we promptly inform our clients of any supplementary expenses that may arise during the execution of our services, and it is incumbent upon the client to bear the aforementioned expenses.

We would like to establish clear expectations regarding payment terms with our customers. If the client fails to pay the full estimated cost of a project as agreed upon in the signed contract, we reserve the right to assume ownership of the work we produced. This policy has been established to safeguard the interests of our brand and guarantee equitable reimbursement for the services rendered. FIFTHCOLOUR MEDIA understands the importance of deadlines and timely payments. To ensure a smooth and efficient project delivery process, we will issue a reminder of the final payment deadline before delivering the finished product to our clients. A grace period of 7 days will be granted from the notification date, unless the client can justify their need for an extended timeframe.

For all the clients to understand and accept responsibility for covering all associated costs related to debt collection, legal fees, and court expenses. These additional charges are incurred when the client fails to make timely payments or defaults on their financial obligations. We maintain clear lines of communication with our clients regarding any outstanding payments or financial commitments. Our team understands that unforeseen circumstances may arise, impacting one's ability to fulfill their financial obligations in a timely manner. Therefore, we encourage you to reach out to us at your earliest convenience so that we can work together to find a solution that is mutually beneficial.

CANCELLATION / REFUND : ~

FIFTHCOLOUR MEDIA has the exclusive right to accept or decline any project estimate request, and we have the sole authority to decline, terminate, or take offline any project if it fails to adhere to our terms of service policies.

FIFTHCOLOUR MEDIA have a zero tolerance policy of not accepting abusive, harmful, profane, and obscene language, images and footages require to use in any project, but it is not limited to any form of threat, insult, but not limited to any form of immoral, against children security, nudity, against community harmony and all sort of animal threats and so on.

Clients are required to make written requests in advance for cancellation in order to outline their reasons for cancellation of any ongoing projects. If the client decides to cancel the project before the final stages of the project or discontinue the subscription of any third party products and services, we will not offer a refund from the upfront payment. Third-party products and services include subscriptions to domain name registration, web hosting, site security integration, plugins, add-ons, web fonts, scripts, templates, software integration, online subscriptions, web forms among others.

 Due to the intensive hours and efforts taken to the project, the client has no right to use, publish, reproduce or share any part of the cancelled project and we have automatically acquired the sole intellectual property right. During the design and development phase of any project, if communication with the client is not established, the project could delay or even become offline. If the client does not contact FIFTHCOLOUR MEDIA via email or phone within a six-month period, the project will be considered terminated and no refund will be provided.

When a customer cancels our website maintenance service within a shared hosting platform while we have been managing their website project, we cannot guarantee a refund for the upfront subscriptions. However, it is important to note that shared hosting means that multiple customers share resources on the same server. Therefore, it is not possible for one client to access the server solely for themselves if they do not receive a refund for the remaining period of their server subscription. Once a decision has been made to discontinue our services, it is important to make clear communication and understanding about the cancellation of service will come to a complete stop.

CONTENT DELIVERY : ~

The client is responsible to promptly supply all required content and supporting documents upon project estimate approval, unless assistance in sourcing them has been requested, additional charges may apply. These materials may include artwork, images, text, videos, audio files, animations, scripts, software, plugins, fonts, and other relevant items for executing the project within the timeline. FIFTHCOLOUR MEDIA will not commence any project without the supply of complete resources from the Client, and failure to provide the necessary materials within the stipulated time frame may result in delay and project inefficiencies.

We request that all supporting materials be submitted in electronic format, including text in standard word.txt, images in PNG, TIF, and PDF formats, logos and icons in SVG, PNG, EPS, and PDF, and video footage with high resolution to ensure the highest quality and consistency in the project outcomes.

FIFTHCOLOUR MEDIA is not responsible for the quality of the content provided by clients, and we will inform that the materials do not meet our quality standards to use in the project. The quality is assessed based on pixel resolution, colour, readability, size, format, and transferability.

FIFTHCOLOUR MEDIA held NO liability or responsibilities for any copyright infringement issues that may arise from the use of unauthorized materials supplied by the Client for their project. We expecting clients to uphold their own ethical and legal responsibilities in providing original and properly licensed content. When undertaking a project that necessitates the utilisation of third-party services or products, it is imperative for the client to obtain authorisation prior to proceeding. FIFTHCOLOUR MEDIA assumes no legal responsibility for any consequences arising from the materials supplied by the client for the project.

FIFTHCOLOUR MEDIA has a notable capability to seamlessly incorporate external resources into client projects by leveraging of our extensive network of industry connections and partners. Clients must be made aware of potential limitations on the usage of third party resources. These limitations may arise due to factors such as licensing agreements or copyright restrictions. It is important to note that FIFTHCOLOUR MEDIA does not take responsibility for obtaining licenses for any third-party content used in any project.

FIFTHCOLOUR MEDIA reserves the right to reject or refuse the client's materials if they contain any kind of inappropriate videos, images, words, or phrases, or safety issues that go against the morality and harmony of the community standards. FIFTHCOLOUR MEDIA encourage every client to use or create the content of the projects, which will be 100% appropriate, healthy, and secure to the community standards.

PRINTING DESIGN : ~

By ordering and using our graphic design or print design services, you, the customer, agree that all creative work produced by our team is protected under copyright law and are the intellectual property of FIFTHCOLOUR MEDIA.

The generation of project estimates is typically based on a thorough analysis of the visual brief provided by the client and a projection of the time, resources, and costs needed to complete a given project. It is important to comprehend that project estimates are not definitive and may be modified in the event of unforeseen circumstances or additional work arising during the course of the project. As projects evolve and complexities are uncovered, it is common for scope creep to occur, necessitating adjustments to the original estimate.

In the field of graphic design, it is crucial to understand that there may be color discrepancies between the digital screen and the final printed product. This phenomenon occurs due to differences in colour modes (RGB for screens and CMYK for printing) and variations in monitor and printing press settings, quality of printing surfaces, the quality of ink and post production process. It is important to note that variations may occur in printed copies due to the CMYK or SPOT colour processing. FIFTHCOLOUR MEDIA takes the initiative to provide our clients with high-quality graphic design services and utilises third-party printing services for the best project outcome. However, it is important to note that we cannot be held accountable for any colour variations that may occur during the printing process.

The client takes responsibility for sharing all pertinent details and specifications of the project before expecting an accurate estimate. Once the client accepts the project estimate proposal, it is crucial to adhere the agreed upon terms and scope of work. Changing one's mind or altering the project scope after acceptance can cause significant disruptions to the workflow, lead to delays in completion, and result in additional costs. FIFTHCOLOUR MEDIA held NO liability or responsibilities for any copyright infringement issues or the use of unauthorized materials supplied by the Client for their project.

We offer a reasonable revision policy to ensure your satisfaction. We offer a complimentary three-version electronic proof with a watermark for all projects. This allows our clients to review the design and make any necessary revisions before finalizing the project. This offer may not be possible for complex projects. It is important for us to inform clients that any proof beyond the free version will result in an additional charge.

The client, who ultimately holds responsibility for ensuring the accuracy and quality of all artwork proofs. It is imperative that clients carefully review each proof to confirm that all elements are correct and aligned with their expectations. This includes, but is not limited to; spelling, grammar, terms, illustrations, design, content, colour values, images, project-specific requirements, resolution and the quality. By actively participating in the proof approval process, clients are able to provide valuable feedback and make necessary corrections before finalizing their designs. Once the client reviewed the proof and agrees to proceed and generate the final production file or service, we would like to clarify that any errors found in the final production file are beyond our responsibility and are not liable for loss, damage, or extra cost.

In the graphic design industry, it is standard practice for clients to receive only the final deliverable in PDF, JPEG, or PNG format, rather than the raw file once the project is completed. we uphold strict policies regarding the release of raw design files for any project. Our decision to not provide these files is rooted in safeguarding intellectual property rights, maintaining quality control over our work, and preserving the integrity of our creative process. However, if a client requests access to the raw design files, it is ways beyond the original agreement and should be compensate a fee for designers choice. Furthermore, the designs or any elements of the project are strictly prohibited from being reproduced, and they are protected as intellectual property by FIFTHCOLOUR MEDIA.

WEBSITE DEVELOPMENT : ~

FIFTHCOLOUR MEDIA offer website design and development services for businesses, portfolio websites, personal websites, non-profit websites, news and magazine websites, event and informative websites. We provide the service of registering a domain name, designing and coding, hosting a website, search engine optimisation practices, site security installation, and social media integration.

We build websites using script languages like HTML5, CSS, JavaScript, and PHP, which are seamlessly integrated into creating a dynamic and pleasing online presence for every project. By incorporating these script languages into our website development process, we can provide a professional end product with custom design and coding. By requesting our web development services, it is incumbent upon you, the customer, to provide a comprehensive scope of your project prior to generating a project estimate. It is imperative that clients understand their responsibilities in supplying high-quality content that aligns with their brand identity and target audience for their projects, renew the subscriptions on time and comply with the website development process and policies. FIFTHCOLOUR MEDIA would like to clarify that we are not liable for any copyright infringement that may occur as a result of when using client-supplied content. Clients should be aware that they bear the responsibility of obtaining the appropriate rights to use any content within their project.

When a client requests that we source and acquire resources for their project, this additional service demonstrates our commitment to providing comprehensive support throughout every stage of the project and it incurs an extra charge. It is important to understand that the clients should pay all third-party payments in full in advance, separate from the estimated costs provided for every website project. Third-party products, services, and subscriptions include domain registration, hosting, site security installation among others.

As a professional web development service provider, we are committed to protecting our intellectual property and maintaining the integrity of our coding and designing practices. When we design and develop a website for a client, especially a custom design, we choose not to provide them with the original source script and the design at any stage and we can ensure that it remains our intellectual proprietary. Although we are committed to providing our clients with an end product, they still have full access to their website service while they have an active subscription. It is important to note that we cannot guarantee that any website project files will be retained indefinitely in our data bank. We have implemented a stringent policy that all expired website service subscription project files shall be completely erased from our data bank following a ten-day grace period.

We uphold strict policies against sharing hosting account access with third parties while we manage any website project and hosting services. In the event that a client strictly request us to share access to the third parties will not allow any stage, and we may take steps to discontinue our web hosting and maintenance services to those clients and may not receive a refund for the remaining hosting period. Allowing client's hosting account accessibility with third parties introduces significant security risks, possibility of unauthorized access, data breaches, and malicious activities.

FIFTHCOLOUR MEDIA focus on designing and maintaining websites that we have created only, not offer services on existing websites. By exclusively working on websites we have designed, we are able to provide an ongoing support to our clients' online presence remains active. By describing the conditions and services applicable to our estimates, we aim to provide our clients with a clear understanding of our pricing structure and the terms of service conditions included in our proposals. When estimating a new website, we approach the process with careful consideration of the unique needs and goals of our clients. This could encompass features such as design complexity, number of pages, functionality, integrations with third-party platforms, and ongoing maintenance and support services. In addition to our core services, consider the services that may be required, such as content creation or search engine optimisation.

In general, the initial proof mockup for a small number of page (4-5 pages) websites may take approximately three to four weeks to complete, if the Client provided that all essential content is provided promptly. It is important to understand that we adhere to a strict policy of not starting any website project without receiving complete content from the client. We cannot accurately assess the scope of work or properly structure the site due to the crucial role that content plays in the design and functionality of a website.

A website with intricate functionality, numerous pages, and seamless integration of platforms and elements requires a considerable amount of time and meticulous attention to detail. The initial proof of this website could take longer than 6 weeks. In the initial proofing stage, which Client's responsibilities enables a comprehensive examination of grammatical errors and thorough testing of the site's design, functionality, and overall user experience prior to finalising any specifics.

By establishing a clear line of communication regarding every low-budget website project that is subject to limited functionality and web practices. The client should not expect the high end functionality on their limited low budget website projects. If they concern a particular functionality or a certain practices on their website, they should clearly communicate with us and request a custom quote for their requirements.

During the development process of any website project, testing and feedback from the Client are crucial elements that guide progress and ensure successful outcomes. The stages of proofing any website project, we will provide a testing domain to thoroughly evaluate its functionality and design prior to launching it live. Once the client has given their approval for the website design and functionality, we will conduct a thorough testing within the next 2–3 weeks, while the site is active online within the actual domain. This crucial testing stage enables us to identify any potential issues or bugs that may have been overlooked during this phase. In order to ensure the successful completion and functionality of any website project, the client is required to report any issues or concerns within 3–4 weeks of delivery.

As a professional web designer, we understand the importance of allowing our clients the opportunity to make minor modifications (not layout changes) within the initial three months of website hosting. This window of opportunity allows clients to adapt and refine their online presence as they receive feedback from customers and monitor website performance. After the initial three months of website development and hosting, when a client requests a major or minor changes to their website, it is clearly understand that we will generate a new estimate for the request.

In executing our website development services, it is a common practice and important to acknowledge that we leverage several third-party services to integrate with every website project to enhance the functionality and efficiency of any websites. Those third party services such as domain registration, web hosting (shared and dedicated), secure sockets layer, SEO, add-ons, plugins, scripts, and software programs are essential and play a crucial role to ensuring the success of a website. It is important to understand that domain registration fees and web hosting service costs may vary from time to time and are beyond our control. Domain registration fees are set by the domain registrar and the hosting service by the hosting provider, depending on the server type, storage capacity, duration, bandwidth allocation, security features, and technical support offered. The SEO ranking of a website is influenced by a myriad of factors and to acknowledge that there are external factors beyond our control that can impact a website's SEO performance, such as algorithm protocols, practices, updates, from third party search engines like Google.

It is the sole responsibility of every clients to ensure timely renewal of third-party subscriptions before they expire. Neglecting this crucial task could lead to disruptions in services, loss of access to the website, and potential lose of the domain ownership, digital brand identity as a result of lapsed subscriptions.

Third-party providers may offer valuable resources or core services to every website projects to run smoothly. While they offer core services to your brand's online presence, Fithcolour Media would like to remind you that, they are operating under their own set of rules and guidelines that are beyond our control. The functionality and accessibility of every website are subject to certain crucial factors that have a direct impact on the user experience and overall success, rather than the scripting of the website. The key factors that determine the success of any website include seamless access to Internet connectivity, browser compatibility and cookies restrictions, Add-ons or plugins settings, geological restrictions, server settings, site security issues, and numerous other factors. FIFTHCOLOUR MEDIA would like to make clear our stance about core third-party services that we do not hold any responsibility or liabilities for any potential loss, damage, service interruption, access denial, server error, browser compatibility, SEO ranking, Site security issues, device accessibility, and ransomware malicious attack to your online presence resulting from the use of third-party services and products.

When the client manage themselves a domain registration, web hosting and other core functionality of a website project, FIFTHCOLOUR MEDIA has no liability or responsibilities on those third party services and our services is subjected to just execute the script files on their hosting server via an FTP port.

"We retain the right to include our Client's completed project samples in our online portfolio and attach a website credit (Build proudly with FIFTHCOLOUR MEDIA) in the footer of your website" is a standard practice adopted by many professional service providers. We encourage our Clients to promptly notify us if they have any concerns above standard practices.

DIGITAL DESIGN : ~

The Internet and online space are vast and ever-expanding in today's digital age, making it difficult for every businesses to keep up and every design to reach a high level of visibility with the rapid pace of technological advancements. With countless websites, social media platforms, digital marketing strategies and digital visuals constantly competing audience attention cannot guarantee that every design will achieve success.

FIFTHCOLOUR MEDIA specializes in providing design services for digital spaces, such as website development, e-publications, branding, advertising design, digital marketing design, social media graphics and motion graphics and animation. With the enormous amount of digital content available on the internet and high volume of digital platforms and its challenging competencies, we cannot guarantee that our designs will surpass every competitors.

Once a client has accepted the estimate for any project, it is important that they should timely provide the content for the project and ensure that content should accurate and legally compliant to prevent any copyright or infringement issues. FIFTHCOLOUR MEDIA would like to clarify that we do not bear any responsibility for any copyright infringements issues stemming from client-supplied content. It is the sole responsibility of the client to ensure that they have the legal right to use and distribute any materials provided to us for the project.

In the competitive landscape of digital marketing businesses need to understand the algorithms of search engines and ever-evolving technologies to change constantly and remain competitive to resonates with the target audience. Strategies such as search engine optimization (SEO), pay-per-click advertising, social media marketing, email marketing, and content creation are essential in the field of digital marketing and the trends are changing constantly. It is important to understand that success of every digital marketing campaign cannot be guaranteed. The outcomes of a digital marketing campaign can pose a challenge due to various factors, including market saturation, shifting consumer preferences, and unforeseeable external influences.

Digital marketing and social media platforms are third-party entities and they offer incredible opportunities for businesses to engage their target audiences and strengthen brand visibility. It is important that every client's should acknowledge, we do not have control over those third-party entities and operations. Thus, there may be instances where our content or data may not perform as expected due to changes in algorithms or policies implemented by these platforms.

PROOF SUPPLY ~

FIFTHCOLOUR MEDIA provides a complimentary three-version electronic proof with a watermark for each project, providing our clients with the opportunity to thoroughly review and provide feedback on their designs. We take every measure to prevent errors, prioritises accuracy and quality in all projects. It is Client's sole responsibility to carefully review the proof before finalising the project final outcome. This includes checking for grammar, spelling, resolution, colour values, fonts, and adherence to style guide requirements.

The provision of a complimentary three-version project proof may vary depending on the nature and complexity of the project, as well as the larger dimensions of the project may only receive one or two versions of proof with limited size. When it comes to proofs, an additional charge may be incurred for every proof requested beyond the basic or complimentary level.

In order to maintain quality and professionalism in our work, we offer a reasonable revision to every project. In the realm of project management, the first proof of any project serves as a representation of the original design concept and ultimately sets the tone for all future developments. If deviations from these concepts occur, it is crucial to apply an additional service fee in order to compensate for the extra time, resources, and effort required to accommodate these changes. In the realm of project management, clients playing an active role in providing timely feedback is crucial to ensuring successful completion within schedule and budget. Receiving timely feedback from clients is imperative for successful and efficient project delivery in any professional setting.

As part of the final stages of the project delivery, the clients should inform us in writing once they have made the decision to accept the design concept and thereafter give a consent to generate the final production file. We have a strict policy that final production files will not be generated until the client has paid off the total project cost in full prior to generate the final production file. The final project outcomes delivered in the form of high-quality PDF, PNG, JPG for print or digital design, mp4 format for video production, hosted site for website development ensuring that the work can be easily shared, viewed, and printed without loss of quality.

If the client request access to the raw design files should be compensate a fee for designers choice which is additional from the original project estimate. Furthermore, the designs in the raw file or all the elements in the design are protected as intellectual property by FIFTHCOLOUR MEDIA and strictly prohibited to do reproduction. In the design industry, it is common practice for designers to retain ownership of their raw design files as intellectual property, and we reserve the right to refuse the supply of raw design files depending on the complexity of project. It is our policy to withhold and refrain from providing clients or third parties with the source script of any website project, for intellectual property and confidentiality reasons.

FIFTHCOLOUR MEDIA is permitted to keep the project files in our database for a limited time; however, we cannot guarantee their permanent storage. We can assure you that this files will be handled with the utmost discretion and security. Rest assured that any personal or confidential information related to this project files will be stored offline in our database and will not be shared with any third parties.

PROJECT DELIVERY : ~

FIFTHCOLOUR MEDIA kindly request that full payment of the estimated project cost be made prior to the release of the final project files or services. By receiving full payment upfront, we will be able to continue providing a high-quality final production file or service to our clients without any interruptions or delays. Otherwise, we are asserting an exclusive authority to uphold the final outcome.

FIFTHCOLOUR MEDIA utilises third-party channels to enhance our delivery services, including but not limited to Australia Post, domestic – interstate – international courier services and e-transfer data delivery services. When using third-party services, it is imperative to understand that each service provider has its own unique set of policies and conditions. It is important to note that we cannot be held liable for any loss or delays that may occur in third-party delivery services. We strongly recommend that clients obtain additional insurance coverage for third-party delivery services, as these services often come with unique risks and liabilities.

The third-party delivery service system is a complex network of technology, logistics, and human resources that can encounter unexpected failures or breakdowns without warning. Factors such as strikes, industrial disputes, public disturbances, lockouts, vandalism, riots, government restrictions, thefts, transportation delays, natural disasters, software failures, software defects, network interruptions, breakdowns, data corruptions, system hacking, virus and malware attacks, hardware and labour shortage, utility outages, stakeholder service availability, supply delay, accident of any nature and so on. FIFTHCOLOUR MEDIA acknowledges that we are not responsible or liable for any failure of the third-party provider delivery services that is beyond our control.

For the electronic version of project delivery services, we are utilising third-party services such as cloud-based collaboration platforms like Google Drive, Dropbox, email platforms, downloadable links, and the physical form of USB drives may provide effective project delivery services. These cloud-based services often come with their own set of rules and guidelines that dictate how projects are carried out from start to finish. While these guidelines may enhance efficiency and effectiveness, it is crucial for all parties involved to understand that the responsibility ultimately lies with the service providers, not the users like us.

CONFIDENTIALITY : ~

At FIFTHCOLOUR MEDIA, we understand the importance of protecting our clients' personal information, project details, and resources entrusted to us for any project, and ensuring confidentiality is upheld as a top priority. Rest assured that protecting our client's data is at the core of everything we do, and we are committed to maintaining the highest levels of security at all times. We adhere to strict security measures, including ensuring that no client information is stored online or on cloud servers, except for email communication. This decision stems from our steadfast commitment to safeguarding sensitive data from potential breaches and unauthorized access. Every client's data and project details are securely kept offline for future use and it remains private and is not disclosed to any external parties, such as graphic designers, web developers, advertising agencies, freelance designers, printing companies, or similar entities.

LIABILITY AND LITIGATION : ~

FIFTHCOLOUR MEDIA upholds strict standards of professionalism and integrity in all aspects of its operations. While we provide clients with top-quality services, it is essential to acknowledge that there are limitations when using third-party products and services. Third parties maintain exclusive rights over their products and services which are beyond our control. It is important to acknowledge and respect the fact that third parties maintain full ownership and control over their intellectual property, including domain name availability and registration, hosting services, website SSL integration, SEO services, plugins, add-ons, templates, scripts, online portals, e-commerce checkout, online payment portals, e Store shopping portals, online forums, Social networking services, online business indexing services, images, videos, fonts, and related components. Third parties have the legal right to extend or discontinue their products and services at any time due to various reasons. FIFTHCOLOUR MEDIA have not be held responsible for any disruptions in service related to the third-party products and services utilised in our services.

FIFTHCOLOUR MEDIA does not have any influence or control over the guidelines set by YouTube, Facebook, Twitter, LinkedIn, and other social media platforms and public forums, including WordPress, for campaigns, content management, and their content acceptance policies, regardless of their current or future implementation. FIFTHCOLOUR MEDIA utilises a combination of shared and non-shared servers from third-party providers to meet the demands of every web development projects. FIFTHCOLOUR MEDIA is not liable for any service disruptions, server downtime that are outside of our control, we cannot promise uninterrupted website access at all time. FIFTHCOLOUR MEDIA is not liable for any service disruptions, server downtime that are outside of our control, we cannot promise uninterrupted website access at all time.

FIFTHCOLOUR MEDIA is not liable for the content on our clients' websites or any search engine penalties due to said content or images. Our SEO services aim to boost online visibility, but we do not promise increased sales, profits, or specific results. Clients should have realistic expectations and understand the limitations of SEO. Website success depends on various factors beyond our control. Search engines are independent entities they have their own set of guidelines and they may modifying their algorithms and features at their discretion. FIFTHCOLOUR MEDIA cannot guarantee specific outcomes, website visibility on Google or other search engines, website rankings, page indexing or keyword effectiveness.

FIFTHCOLOUR MEDIA held NO liability or NO legal responsibilities for any copyright infringement issues, any consequences, legal and Court fees that may arise from the materials supplied by the client for the project. In the realm of intellectual property, it is crucial for clients to understand and uphold their responsibility to obtain ownership, copyright, or licenses for utiliSing any creative work, content for their project. When utilising third-party content for a project under their specified license conditions, it is important to recognize that the original content creators hold the rights to their work adhere to any restrictions or requirements set forth in the licensing agreements and the client has no right to the ownership of the content and not allowed to reproduce.

SERVICE AVAILABILITY : ~

As we strive to accommodate the unique needs and schedules of each client, the standard operating time of FIFTHCOLOUR MEDIA may vary depending on the availability of our services. We're committed to accelerating project completion and will do everything in our power to ensure prompt delivery.

WEBSITE SECURITY: ~

We exercise utmost caution in safeguarding the information we acquire when individuals complete the contact form or request quote form from our website, fifthcolourmedia.com, with the intention of utilising our graphic design services, both online and offline. No client information is stored online or on cloud servers, except for email communication. Instead, all data is securely kept offline for future use and strictly not shared with any third parties. We strongly advise that all of our clients make their financial transactions directly to our designated bank account via electronically to secure method of payment, protecting both the client's sensitive information and our own interests.

Our website, fifthcolormedia.com, is protected with the safety and security of our customers. We have implemented SSL site security with HTTPS on every page of our website. Our website may contain external links that showcase our service capabilities or project samples. Visitors are advised to click on these links carefully when navigating to external websites. Please be aware that we are not responsible for any third-party external websites. FIFTHCOLOUR MEDIA reserves the right to disclose client information to law enforcement agencies without additional consent or notification from the client, as required by law. We are committed to fully cooperating with law enforcement agencies in such situations.

FIFTHCOLOUR MEDIA retains the right to periodically revise our terms of service and conditions in order to ensure optimal operations and practices for a more efficient business environment and enhanced service delivery. Once again, we strongly urge all of our clients to carefully review our terms of service, prior to signing an estimate or proposal. As of July 2023, this terms of service policy has been updated and If you have clarifications regarding our terms of services policy, we encourage you to take advantage of our convenient contact page web form to reach out to us.

FORCE MAJEURE ~

It is important to note that, FIFTHCOLOUR MEDIA shall not be held liable for any failure, lose, delay, service interruption, in accessibility, unexpected failures or breakdowns in the supply or delivery of products/services due to circumstances beyond our control but not limited to, such as delays in project outcome, server down, site security issues, website accessibility, online service down, strikes, industrial disputes, public disturbances, lockouts, vandalism, riots, government restrictions, thefts, war, fire, power outages, transportation delays, natural disasters, civil commotions, software failures, software defects, network interruptions, failure attributable to hosting suppliers, breakdowns, data corruptions, system hacking, virus and malware attacks, hardware and labour shortage, utility outages, stakeholder service availability, supply delay, accident of any nature and so on.