TERMS OF SERVICE

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 diverse array of offerings caters to every graphic design need. Recognised by industry giants such as Google, Microsoft, Bing, and Facebook, we demonstrate our proficiency in delivering top-notch design and cutting-edge digital marketing strategies. As an official entity registered with the Australian Securities and Investment Commission, FIFTHCOLOUR MEDIA is a respected and reliable presence in the business world.

Visit fifthcolourmedia.com to find out more about the Australian graphic design agency, FIFTHCOLOURMEDIA. Our logo, business name, and tagline are officially trademarked with IP Australia. The concept of the fifth colour symbolises the extra colour utilised in printing to enhance colour precision and vibrancy in designs. This is the inspiration behind our choice of the name fifthcolour for our innovative services, as we strive to create visually stunning and unforgettable design encounters that deeply resonate with audiences.

The website page, fifthcolourmedia.com, provides the information about our service terms, policies and other information to increase public awareness and understanding of our business. By accessing or using any part of our website data, text, terms, taglines, images, videos, animations, logo and other documents, 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. We hold a high level of respect and admiration towards our esteemed clients.

We encourage our clients to review our service conditions in order to gain a deeper understanding of our service guidelines and conditions.

Please take a moment to review the terms of service provided below, as they are subject to occasional updates in order to enhance the quality of our services. For all inquiries related to the business or about our terms of services policy, you can reach us via our contact form, which is attached to our website.

Before starting any project, we ask all clients to thoroughly read and agree to our terms of service.

COPYRIGHT AND TRADEMARK : ~

All content found on our 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 images, logos, videos, and other elements displayed on this site are intended for informational purposes to offer a glimpse into our business and services. It is important to note that not all of these materials are our own intellectual property, as some may have a free commercial use license or be supplied by a third party to highlight our services to the public.

We appreciate the contributions of third parties, their time, efforts, and their inventiveness, and we give them due credit and recognition for their accomplishments. No one shall make use of, link, frame, reproduce, perform in public, distribute or transmit in any way whatsoever on this 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.

We retain the right to include finished projects in our portfolio and provide a website credit in the footer of your website. If there are any privacy concerns, please notify us promptly.

JOB ESTIMATE / PROPOSAL : ~

FIFTHCOLOUR MEDIA can give a free job estimate to the Customer who contacts us about their creative needs. The Client is required to provide a comprehensive overview of the project and its requirements prior to generating the project estimate. If the client accepts the proposal or estimate, they should return via email the signed copy with the acceptance of the conditions and cost. If the client wants to add more services to the project after they accept the estimate, they need to pay for them as well as the total cost.

Furthermore, it is imperative that the Client ensures that they pay 50% of the total estimated cost prior to commencing the project. The remaining portion of the estimated total cost should be pay off prior to dispatching the final product and services. If the Client fails to adhere to the conditions stated in the signed proposal or estimate, may we have sole authority to proceed or discontinue the project at any point? The job Estimate or proposal is generally valid for a period of 7 business days, unless the client contacts us to request an extension. FIFTHCOLOUR MEDIA firmly believes in fair compensation for creative work and does not provide any services for free. We do not offer pitches or ideas without proper payment.

FIFTHCOLOUR MEDIA reserves the right to approve or reject project requests and determine the timing for providing a job estimate. Prior to commencing a project that involves third-party products or services, the client is responsible for covering all associated expenses in their entirety. This encompasses costs such as domain name registration, website hosting, SSL site security, plugins, add-ons, scripts, templates, fonts, images, and footage.

Prices for third-party products and services may change without prior notice, and FIFTHCOLOUR MEDIA is not liable for any modifications. Third-party providers have the discretion to modify or discontinue their product and services at any given time. Clients will receive prompt notification of any changes to third party services, which will take effect immediately. The majority of expenses for third-party products and services are denominated in USD, and the exchange rate between AUD and USD may fluctuate depending on global currency exchange rates. In the event of any changes in the pricing of third-party products and services post approval of the project estimate, FIFTHCOLOUR MEDIA will notify the clients, who will be responsible for covering the additional costs.

For pricing details on your upcoming project, utilise our Request a quote form on our website. We have specific quote forms for web development, print design, and digital design projects on their respective pages. Fill out the form with your project details and we will promptly send you a quote. Thank you for choosing us for your design needs.

PAYMENTS : ~

All payments are to be made in Australian dollar, with prices clearly stated in every job estimate. Upon approval of the job estimate, the Client must submit 50% of the total amount before work begins. The remaining balance must be paid before the final delivery of products and services. Any additional requests made by the Client after approving the job estimate will result in additional charges, which must be paid along with the total estimate.

All payments are to be made directly to our designated bank account. Account details will be shared with the client upon acceptance of the job estimate for each project. Failure to pay the full cost of the project estimate before receiving the finished product and services may result in project delays or malfunctions. We reserve the right to kept hold or terminate the projects with outstanding payments and not refund the advanced payments.

FIFTHCOLOUR MEDIA has no responsibility for delaying the execution of any project, service being taken offline if the client is delaying to pay off the full project estimate. The Client is not entitled to use, share, or publish any part of the project served from FIFTHCOLOUR MEDIA until the Client pays the full project estimate. We have an exclusive right on this project if the Client fails to pay the total cost of the project estimate. We automatically acquire ownership and intellectual property rights to this project.

The client is responsible for covering debt collection, legal fees, and court fees, along with any extra expenses, if the full payment is not received within 20 days of the agreed job estimate. FIFTHCOLOUR MEDIA will issue a reminder of the final payment deadline before delivering the finished product and services for any project. A grace period of 7 days will be granted from the notification date, unless the client can justify the delay in payment.

CANCELLATION / REFUND : ~

FIFTHCOLOUR MEDIA has the exclusive right to accept or decline any project proposal. We possess the sole authority to decline or terminate any of the projects if it fails to adhere to our policies, terms and conditions.

FIFTHCOLOUR MEDIA have a zero tolerance policy of not accepting abusive, harmful, profane, and obscene language used in the 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.

Once the Client has accepted the project estimate, they bear the responsibility of timely delivering the entire content to be utilised in the project, unless they explicitly indicate or request us to investigate the content of the project. If the Client opts to terminate the project or service from us after the first proof delivery of the project, we will deduct 50% of the service charge from the upfront payment of the project.

The Client must be made in writing a request in advance for the cancellation of any projects by the Client. If the client decides to cancel the project before the final approval, due to the intensive hours taken to the project, we do not offer refund from the upfront payment of the project. Furthermore, the client is not entitled to use for any other future projects, share, or publish any part of the terminated project details in any scenario. FIFTHCOLOUR MEDIA automatically acquire ownership and intellectual property rights to this project.

We regret to inform you that refunds are not available for third-party products and services costs paid prior to the commencement of any projects. Because we prepay the full amount for third-party products and services to ensure better service delivery. This includes expenses such as domain registration, hosting services, SSL configuration, module installation, add-on installation, script installation, and resource licenses.

In the event that we are unable to establish communication with a client for a period of thirty days via phone or email during the design and development phase of a project, the project will be terminated without prior notification, and no refund will be provided.

SUPPORTING MATERIALS : ~

The client must promptly supply all required content and materials upon project estimate approval, unless assistance in sourcing them has been requested. These materials may include artwork, images, text, videos, audio files, animations, scripts, software, plugins, fonts, and other relevant items. High-quality content is essential for project success. Premium content will not be obtained, created, or purchased unless specifically requested by the client. Failure to provide the necessary materials within the agreed timeframe or delays may result in project setbacks for which we are not responsible.

FIFTHCOLOR MEDIA requires clients to provide complete supporting materials before commencing any accepted projects. This ensures a timely completion of the project. While FIFTHCOLOR MEDIA is not responsible for the quality of the content provided by clients, we will inform them if the materials do not meet our quality standards. Quality is assessed based on pixel resolution, colour, readability, size, format, and transferability.

We prefer all supporting materials to be 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 in high resolution format. This helps us deliver the best results for the high quality project outcomes.

FIFTHCOLOUR MEDIA assumes no legal or ethical obligations regarding the origin or copyright of any materials supplied by the Client for their projects. It is the sole responsibility of Clients to obtain the ownership, copyright, or license to utilise any material for their project. The Client must obtain permission from the third-party providers before using any third-party materials in their project. It is the Clients' responsibility to not do any infringement upon the rights of others and we, FIFTHCOLOUR MEDIA, have no legal responsibility for any kind of consequences. If the client wants to give credit to the third-party content used on their project, they should advise us to do that.

FIFTHCOLOUR MEDIA has the capability to incorporate external resources into client projects by utilising a third-party license agreement. It is crucial to understand that there could be limitations on the usage of these resources. Kindly note that FIFTHCOLOUR MEDIA does not take responsibility for licensing third-party materials. 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.

PROOF AND FILE SUPPLY : ~

We offer a reasonable revision to the artwork after agreeing on a design concept with the Client. Please note that this option may not be possible for all projects. Changes are limited to the initial proof of each project. If the project deviates from the agreed design concepts, FIFTHCOLOUR MEDIA reserves the right to terminate the project and apply an additional service fee to continue the project. We appreciate your cooperation in adhering to these guidelines.

FIFTHCOLOUR MEDIA offers a complimentary three-version electronic proof with a watermark for all projects. Every proof beyond the free version will incur an additional charge. The provision of a complimentary three-version project proof may vary depending on the nature and complexity of the project. It is possible that larger dimensions of the project may only receive one or two versions of proof with limited size.

FIFTHCOLOUR MEDIA prioritises accuracy and quality in all projects. While we take every measure to prevent errors, it is essential for clients to carefully review the proof before finalising the production line project file. This includes checking for grammar, spelling, resolution, colour values, fonts, and adherence to style guide requirements.

Timely feedback from the client is crucial to ensure efficient project delivery. Delays in returning the proof with requested changes may result in extended project timelines. Once the client has approved the project for production (after the third free proof), it is the client's responsibility to submit payment for the remaining project cost in advance before receiving the final production file.

Clients are required to inform us in writing once they have made the decision to proceed with generating the high-quality production file for project completion. This ensures clear communication and a smooth transition to the final stages of the project.

FIFTHCOLOUR MEDIA is committed to providing our clients with top-quality project outcomes in the form of high-quality PDF files, flattened web images, or rendered files. It is important to note that we do not typically supply the original or packaged project files from programs such as InDesign, illustrate, After Effects, Premiere Pro, Dream Weaver, or Photoshop files unless specifically requested by the Client. If the Client requires the original working files, they will be released under an exclusive license to the Client, subject to an additional fee should pay based on the market rate, at the sole discretion of FIFTHCOLOUR MEDIA. The client must agree not to use any part of the supplied original files to alter, produce or use any other project works if they access the original working file. At FIFTHCOLOUR MEDIA, we prioritise transparency and clear communication with our clients to ensure a successful and mutually beneficial partnership.

FIFTHCOLOUR MEDIA reserves the right to refuse the supply of physical Original working files, depending on the circumstances and intended usage of said files. Clients must inform us in advance if they plan to share the final production files with third-party providers, such as printers, designers, programmers, or any other individuals, to aid in the completion of their project.

FIFTHCOLOUR MEDIA is permitted to keep the files in our database for a limited time; however, we cannot guarantee their permanent storage. It is the client's responsibility to save their project's production files once they are finished.

FIFTHCOLOUR MEDIA reserves the right to refuse the supply of physical Original working files, depending on the circumstances and intended usage of said files. Clients must inform us in advance if they plan to share the final production files with third-party providers, such as printers, designers, programmers, or any other individuals, to aid in the completion of their project.

FIFTHCOLOUR MEDIA is permitted to keep the files in our database for a limited time; however, we cannot guarantee their permanent storage. It is the client's responsibility to save their project's production files once they are finished.

PROJECT DELIVERY : ~

At FIFTHCOLOUR MEDIA, we kindly request that full payment of the estimated project cost be made prior to receiving the final product or production file. Our dedication to delivering the final product in a timely manner is unwavering, unless unexpected circumstances arise.

FIFTHCOLOUR MEDIA utilises third-party channels to provide its delivery services, including but not limited to Australia Post, domestic – interstate – international courier services, and e-transfer data delivery services. FIFTHCOLOUR MEDIA is not responsible for any loss or delay in delivery with those third-party providers. This is entirely dependent on third party services and their sole responsibilities. We strongly recommend that the clients add additional insurance coverage for third party delivery services. If the customer chooses their own delivery service, they are responsible for getting the delivery on time and have insurance protection for their delivery.

As we utilise a third-party delivery system, we bear a reasonable or indirect responsibility for any delivery failure, we can't control things that happen unexpectedly or without warning, including 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. The electronic version of the project delivery is handled by third-party delivery services like G Drive, Dropbox, downloadable links, Gmail and other data transmission platforms available on the marketplace. The responsibility for delivering the project is only on the third-party providers who provide their services.

We provide printing and shipping services for all our designs. Please note that the colours of printed materials or electronic files may appear slightly different from what you see on your screen or proof. This variation can be due to differences in computer screen settings, printing equipment, as well as variations in ink and printing surface quality.

CONFIDENTIALITY : ~

At FIFTHCOLOUR MEDIA, we are committed to maintaining the confidentiality of all client personal information, project details, and resources entrusted to us for any project. It is crucial that clients do not distribute, share, or store any part of the project until the total project expenditure has been settled.

Confidentiality is a top priority for our clients when utilising the services of FIFTHCOLOUR MEDIA. This pertains to project specifics and account details. Be assured, we go to great lengths to safeguard client data. No client information is stored online or on cloud servers, except for email communication. Instead, all data is securely kept offline for future use. It is crucial that each project estimate 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. We kindly ask for your cooperation in maintaining the confidentiality of our services.

We reserve the right to showcase completed projects in our portfolio and provide website credit in the footer of each website project, along with web links for self-promotion. This may include attaching our logo or featuring these project samples on our social media platforms to demonstrate our service capabilities and skills to the public. If a client prefers not to have their project samples displayed on our media platforms, please inform us promptly so we can remove them.

LIABILITY : ~

FIFTHCOLOUR MEDIA cannot guarantee the reliability of third-party products and services utilised in our projects. Third parties maintain exclusive rights over their products and services, which are beyond our control. It is crucial to understand that third parties retain complete ownership and authority over their offerings, including domain name availability and registration, hosting services, website SSL integration, SEO services, plugins, add-ons, templates, scripts, online portals, Ecommerce Checkout, online payment portals, eStore shopping portals, online forums, Social networking services, online business indexing services, images, videos, fonts, and related components. Third parties have the discretion to extend or discontinue their products and services at any time. FIFTHCOLOUR MEDIA shall not be held responsible for any disruptions in service related to the third-party products and services utilised in our projects.

In the realm of printing, it is important to note that variations may occur in printed copies due to the CMYK or SPOT colour processing. These variations can be attributed to a multitude of factors, including the printing process, equipment used, ink materials, and the quality of the printing surface.

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 cannot promise that social media campaigns will result in higher sales, visibility, business activity, profits, or any other type of improvement for your business. The operation and algorithm of the social media service are outside our influence.

FIFTHCOLOUR MEDIA makes every effort to ensure our website projects are designed to view with the most popular browsers. But we cannot guarantee the functionality of the available browser software across different operating systems, and it is beyond our control. Clients are encouraged to make advance annual payments for domain registration, web hosting, and SSL installation services. Renewing these services before the expiration date is essential to avoid any interruptions or account deletion. It is important to note that these services are offered by third-party vendors, and we have limited control over their offerings. Your cooperation in renewing these services promptly is greatly appreciated to ensure the seamless operation of your website.

FIFTHCOLOUR MEDIA relies on a combination of shared and non-shared servers from third-party providers for our hosting services. Safeguarding these servers against potential threats such as hackers, viruses, and unauthorised access is a top priority. It is crucial to recognise that despite our best efforts, we cannot guarantee complete immunity from all online and offline challenges, which is beyond our control. Therefore, FIFTHCOLOUR MEDIA is not liable for any service disruptions that may arise. There may be instances of server downtime that are outside our control. While we strive to minimise these occurrences, we cannot promise uninterrupted website access at all time. Be assured that we are dedicated to delivering dependable hosting services and will promptly address any issues to mitigate the impact on our clients.

FIFTHCOLOUR MEDIA specialises in implementing cutting-edge strategies to enhance our clients' websites, ensuring they are optimised for current search engine optimisation (SEO) trends. It is crucial to note that while we are committed to delivering exceptional results, FIFTHCOLOUR MEDIA cannot guarantee specific outcomes and is not responsible for any claims regarding our clients' website visibility on Google or other search engines, their search result rankings, page indexing, indexing timelines, or keyword effectiveness. Search engines are independent entities with the ability to alter their algorithms and features at any given moment. 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.

FIFTHCOLOUR MEDIA does not have control over the policies of search engines or directories regarding the types of sites and content they accept now or in the future. Your website(s) may be excluded from any search engine or directory at any time, at the sole discretion of the respective entity. The website maintenance and updates are separately invoiced from normal estimate of the website developments. If the Client wants to change the design of a website, they should pay separately for the updated design, and it is not included in the website maintenance category. The website maintenance may limit to do the replacement of the images, content, and the update of SEO practices not included to change the structure or position of a content in the web pages.

The customer will have the chance to review the finished website design provided by FIFTHCOLOUR MEDIA. One round of revisions is offered at no extra charge within 14 days of the review period. It is important to understand that FIFTHCOLOUR MEDIA is not liable for any mistakes discovered in the final production file once the client has given written approval for the publication or printing process.

SERVICE AVAILABILITY : ~

The standard operating time of FIFTHCOLOUR MEDIA may vary depending on the availability of our services. We are dedicated to expediting project completion and will make every effort to ensure timely delivery. We are dedicated to upholding and promoting the unique style guide of each brand that enlists our services, guaranteeing the provision of top-notch content at a flexible rate. Every brand that seeks our assistance is equally devoted to honouring and advancing its individual style guide, thereby securing the delivery of premium content at an affordable price. Our unwavering commitment lies in ensuring that top-quality content is delivered at a reasonable cost to every brand that engages our services.

WEBSITE SECURITY : ~

We exercise utmost caution in safeguarding the information we acquire when individuals complete the contact form or request quote form 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. We will not sell or share it with anyone. We may contact you in the future about our new offer and services, unless you ask us to take your information off our database. We strongly advocate that all of our financial transactions be made directly to our bank account, excluding any web-based transfer options with third-party payment methods. Every piece of artwork or project sample displayed on our website is solely intended for self-promotion and to apprise the public of our expertise and capabilities.

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.

AMENDMENTS TO TERMS : ~

At FIFTHCOLOUR MEDIA, our top priority is delivering high-quality and engaging contents to build brand trust. Customer satisfaction is paramount in achieving our goals. We are excited to explore the possibility of creating visually stunning artwork for your brand. Our team at FIFTHCOLOUR MEDIA consists of real people who understand that human errors can occur, and we are open to negotiations.

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.

To gain a comprehensive understanding of our services and policies, we strongly urge all of our clients to carefully review our terms of service. Prior to signing an estimate or proposal, it is imperative that the client thoroughly reads and agrees to the terms of service.

Should there be any inquiries regarding our terms of services, please do not hesitate to contact us via email at hello(at)fifthcolourmedia.com.