TERMS OF SERVICE

FIFTHCOLOUR MEDIA is a multi-disciplinary design team that combines traditional print design with the most recent advancements in web and digital design. FIFTHCOLOUR MEDIA provides the most comprehensive solutions for all of your graphic design requirements.

FIFTHCOLOUR MEDIA is a business name registered with the Australian Securities and Investment Commission.
 
FIFTHCOLOUR MEDIA has been officially accredited by the most powerful and globally renowned platforms, Google, Microsoft, Bing, and Facebook. This confirms our proficiency in the development of professional design standards and digital marketing solutions.

The domain name, ‘fifthcolourmedia.com’ is an officially registered identification label for the Australian based graphic designers FIFTHCOLOUR MEDIA. Furthermore, we have registered our logo, business name, ‘FIFTHCOLOUR MEDIA’, and the tagline, INSPIRING YOUR CREATIVITY TO LIFE ' as trademarks with
IP Australia.

The term 'fifth color' originates from the use of an additional color in the traditional printing process in order to ensure full color accuracy and ensure that the design remains vibrant to the viewers. That is why we have chosen the term 'fifthcolour' for our creative services, because we are dedicated to creating visually compelling, captivating, and highly memorable design experiences that connect with audiences on a deeper level.

This web page 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.

The terms of services may be updated from time to time in order to provide better services. 

COPYRIGHT AND TRADEMARK : ~

Recognise that all the content on our website, including information, images, videos, tag lines, phrases, terms, icons, written documents and other published materials, may be the property of FIFTHCOLOR MEDIA or one of our various third-party partners.

The pictures, logos, videos and other things on this website are just for informational purposes to help you understand our business and what we do. These materials may not be our intellectual properties. Certain content used in this website may be part of the free commercial use of the license or provision of license from the third party to show our service availability to the general 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.

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 things 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. You can reach us via our contact form or request a quote form, which is attached to our website, for inquiries related to the business.

FIFTHCOLOUR MEDIA is opposed to providing any kind of creative services for free unless we have the right to do so. We will not present any pitches or ideas for free under any circumstances.

FIFTHCOLOUR MEDIA has the exclusive right to accept or decline any project request, and we are also entitled to decide whether to provide a job estimate at any stage. If the project required any third-party products or services, the client should pay the full cost in advance before starting the project. For example, domain name registration, hosting a website, site security SSL, plugins, add-ons, scripts, templates, fonts, scripts, images, footages, etc.

The costs of third-party products and services may fluctuate from time to time, and FIFTHCOLOUR MEDIA assumes no responsibility for any such modifications. Third parties have the exclusive authority to alter or discontinue their services at any time. We'll let our customers know about the changes, and they'll take effect immediately.

Most of the costs associated with third party products and services are calculated in USD, and the exchange rate from the AUD to USD may vary from time to time based on the global money exchange rate. If the third-party products and services cost change after the acceptance of the project estimate, FIFTHCOLOUR MEDIA will notify the Clients and they will be responsible for paying the additional changes.  

PAYMENTS : ~

All payments in Australian dollars and all prices are based on the cost of the product and service should be specified in every job estimate. The Client should pay off 50% of the total estimate before starting the project once they accept the job estimate with the terms and conditions. And the remaining balance should be paid off before the final product and services are sent. If the clients request additional product and services after the acceptance of the job estimate, they should pay the additional cost along with the total job estimate.

All of the payments are directly to our bank account, and we will share the account details once the client accepts the job estimate for every project. If the customer doesn't pay the full cost of the project estimate before getting the finished product and services, the project might take on hold or not functioning properly. We reserve the right to delete or hold projects with outstanding payments from our clients.

The Client is responsible for all debt collection fees, legal and court fees, and other expenses that may be incurred as a result of the Clients' failure to pay the agreed and signed job estimate within 20 calendar days of the first date of reminder.

FIFTHCOLOUR MEDIA will send a reminder notice of the final payment, due date before sending the final product and services of any project. The grace period shall be 7 days from the date of notification, unless the Client provides us with a valid reason for delaying the payment.

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.

PROJECT DELIVERY : ~

FIFTHCOLOUR MEDIA will not deliver the final project if the client has not paid the total estimated project cost before supplying the finished product. FIFTHCOLOUR MEDIA will do everything in its power to ensure that the final product is delivered on schedule, unless there are any significant issues.

FIFTHCOLOUR MEDIA utilizes 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 utilize 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.

CANCELLING : ~

THE PROJECT FIFTHCOLOUR MEDIA has the exclusive right to accept or decline any project proposal. We possess the sole authority to decline or terminate the project 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 utilized 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 25% of the service charge from the upfront payment of the project. If the client decides to cancel the project before the final approval, we will not refund 50% of the upfront paid project cost. Furthermore, the client is not entitled to use, share, or publish any part of the project unless they have fully paid the original total cost of the project.

FIFTHCOLOUR MEDIA has exclusive rights to incomplete projects. If the Client decides to cancel or discontinue any part of the project, FIFTHCOLOUR MEDIA will not refund the total cost of any third-party products and services integrated in the project. Because we will be paying the full amount for the third-party products and service cost in advance for a better service delivery. Such as domain name registration, web hosting service, site security SSL, plugins, addons, software, scripts, templates, images, videos, animations, etc.

The Client is required to notify us in a timely manner if they decide to discontinue, hold, or terminate the project from our production line, and is required to remunerate all the agreed-upon project expenses. The client is not entitled to use, share, achieve, or publish any part of the incomplete project, and it automatically belongs to the FIFTHCOLOUR MEDIA asset.

SUPPORTING MATERIALS : ~  

Once the Client has accepted the project estimate, it is their responsibility to promptly furnish all of the content and supporting materials, unless they have requested us to investigate the project's content.

These materials may include artworks, images, writings, videos, sounds, animations, scripts, Software programs, addons, plugins, fonts, and other related materials. The client is accountable for supplying high-definition content to ensure optimal performance during the project execution. We will not find, create, or purchase high quality content unless the Client requests it. If the Client fails to provide the project supporting materials within the requested time frame or delays, we are not liable for the delayed outcome of the project.

FIFTHCOLOUR MEDIA will not start any of the Client accepted projects with the limited supplied supporting materials. We encourage our clients to supply the full materials in order to start and finish the project as quickly as possible.

FIFTHCOLOR MEDIA is not responsible for the quality of the client's supplied content if it affects the overall quality of the project. However, we will notify the client if the supplied materials do not meet the quality requirements. The quality of the content can be measured by its pixel resolution, colour, readability, size, format, and transferability. We prefer to provide all supporting materials in electronic format, such as 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.

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 utilize 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 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 any of the projects, which will be 100% appropriate, healthy, and secure to the community standards.

PROOF AND PRODUCTION FILE : ~

Once a design concept has been mutually agreed upon with the Client, we can provide a reasonable revision to the artwork to incorporate any necessary modifications. This option may be unavailable or restricted due to the nature of the project. The alteration of artwork or project structure is limited to the first proof of every project. If the project becomes excessive and surpasses the initial agreed design concepts, FIFTHCOLOUR MEDIA shall have the authority to terminate it and deduct 25% of the initial fee for our service charge.        
      

FIFTHCOLOUR MEDIA can provide you with a three-version free electronic proof with a watermark for any of the projects. Every proof beyond the free version will incur an additional charge. The provision of the complete version of the project proof may vary depending on the nature and complexity of the project. It is possible that some of the largest dimensions of the project will be subject to delivering one or two versions of proof with a limited size.

FIFTHCOLOUR MEDIA takes every precaution to avoid errors, but it is the clients' responsibility to check the proof thoroughly before generating the final production line project file. For example, grammar, spelling, resolution, colour values, fonts, and style guide requirements. If the Client takes too long to return the proof with the changes, the project may take longer to deliver. After the Client has finalized the project for the production line (after the third free proof), it is incumbent upon the Client to ensure that the remaining project cost is paid in advance prior to delivering the final production file. The Client is required to notify us in writing once they have made the decision to generate the production file of high-quality for the completion of the project.

FIFTHCOLOUR MEDIA only supplies high-quality PDF files, flattened web images, or rendered files of any sort of project outcomes to the clients. We will not supply the original or packaged InDesign, illustrate, After Effects, Premiere Pro, Dream Weaver, or Photoshop files unless explicitly stated on the estimate. If the Client requires the original working files, they will be released under an exclusive license to the Client, subject to an additional fee 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.

FIFTHCOLOUR MEDIA reserves the right to decline the supply of physical Original working files, based on the circumstances and intended usage of such files. The client is required to notify us in advance to share the production line files if they utilise third-party providers to complete their project, such as printers, designers, programmers, and others.

FIFTHCOLOUR MEDIA is authorized to retain the files within our database for a limited duration; however, we cannot guarantee their permanent retention within our database. It is the clients' responsibility to store their project files once they have been completed.

CONFIDENTIALITY : ~  

FIFTHCOLOUR MEDIA is committed to maintaining the confidentiality of each client personal details, project details, and resources provided to us as part of any project. The client has no right to distribute, share, or store any part of the project prior to pay off the total project expenditure.

The Client must respect the confidentiality of all services provided by us and the service details. We do not store any of the Clients details on the cloud or any other online server. We store the details in our offline storage system. Please refer to our privacy policy, which is attached to this website. Every project estimate is confidential and cannot be copied or shared with anyone, including other graphic designers, web developers, advertising agencies, freelance designers, printing companies, and other businesses that offer the same service as us.

The Clients agrees to allow FIFTHCOLOUR MEDIA to add samples of every project on our website, our web links for self-promotional purpose on the Client’s website (this will be powered by fifthcolour media and our icon), social media platforms, and ads in order to highlight our service capacity and skills to the public. If the client does not wish to publish their project samples on our media platforms, please let us know and we will remove them as soon as possible.

WARRANTIES : ~

FIFTHCOLOUR MEDIA cannot guarantee that third-party products and services will be part of any of the projects. Third parties have sole right on their product and services, which is beyond our control. This encompasses, but is not limited to, the availability and registration of domain names, hosting services, website SSL integration, plugins, add-ons, templates, and other related matters. Third parties are solely responsible for extending or discontinuing their product and services at any time, and we have no responsibilities for any service interruption attached to any of the projects.

Due to the nature of the CMYK printing process, there may be some print colour variations in the printed copies. There will be no reprints at the expense of FIFTHCOLOUR MEDIA, generally. FIFTHCOLOUR MEDIA does not possess any influence or control over the guidelines established by YouTube, Facebook, Twitter, LinkedIn, and all other social media platforms and public forums, including Word Press, for campaigns, content management, and their content accept policy, regardless of their current or future implementation. FIFTHCOLOUR MEDIA cannot guarantee that the social media campaigns will result in an increase in sales, visibility, business activity, profits, or any other form of enhancement for your business.

SERVICE AVAILABILITY : ~  

The standard operating time may vary depending on the availability of the service. We are committed to completing the project as soon as possible and will do everything we can to complete it. FIFTHCOLOUR MEDIA works by real people and we accept natural human errors for negotiations.

We are committed to respecting and promoting the style guide of every brand that requests our services, ensuring the delivery of high-quality content at a negotiable cost. Every brand that requests our services is committed to respecting and promoting its style guide, ensuring that high-quality content is delivered at a reasonable cost. We are committed to ensuring that high-quality content is delivered at a reasonable cost to every brand that requests 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.

We do not store any personal sensitive information on the cloud, server, or any other online platform. We store the above information offline and will not sell or share it with anyone. We may contact you in the future about our new products 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, and to safeguard our customers, we've added SSL site security with 'HTTPS' to every page of our website.

AMENDMENTS TO TERMS : ~  

FIFTHCOLOUR MEDIA reserves the right to revise our terms of service and conditions from time to time and take immediate effect from the best operations and practices for a better business environment and improved service delivery.

For a better understanding of our services and policy, we encourage all of our clients to review our terms of service. Before signing an estimate or proposal, the client must read and mutually agree to the terms of service. If you have any complaints or questions about our terms of services, please email to us - hello(at)fifthcolourmedia.com