/ DISCLAIMER /
Welcome to Fifthcolour Multimedia®
COPY RIGHT AND TRADEMARK:
You acknowledge that all content included on this website, including the information, data, photographs, graphs, images, graphics, illustrations, designs, terms, phrases, icons, maps, written and other materials are the intellectual property and copyrighted works of Fifthcolour Multimedia® and/or various third party providers. Some of the images we have used in this website are for the purpose of showing the public about our services or skills; those images are not the intellectual property of fifthcolour.com
The trademark used on this website is the registered trademark of “Fifthcolour Multimedia®” owned or licensed under the Trade Marks Act 1995, Commonwealth of Australia. This trademark is registered for the following goods and or/services: Electronic and recorded multimedia publications being goods in Class09 and Multimedia production, other than for advertising purposes; Publication of multimedia material online being services in Class41.
Where necessary for viewing the material on this website on your browser, or permitted under the copyright Act 1968, but ‘Not Permitted’ any part of material on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of “Fifthcolour Multimedia®”. Please contact us if you would like to place a link to any part of this website.
Fifthcolour Multimedia® will provide a Quotation or Proposal to the client based on the brief and or instructions provided by the client. If the client accepts the Quotations prior to its expiration date, placing an order, instructing Fifthcolour to proceed with the order, the client needs to pay the 50% Production/service cost prior to the expiration date specified in the Quote. Quotations are valid up to 14 days from the issue date. If the client accepts the Quote, they must contact Fifthcolour prior to the 14 days of the quote’s expiration date. Prices included in Quotations are based on Fifthcolour’s current cost of production, (materials, labour, machine time, delivery etc.), no GST included.
All prices are based on work specified in the Quotations, not including later further instructions given by the client. Once a Design/Print/Host job has been approved by customer after the final proof, it is already in ‘Production line’, it is the customer’s responsibility to pay the approved full payment before the final production/output.
If the ‘Approved full payment’ is not credited to the fifthcolour.com account prior to the final production/output, it may delay the production and delivery services. If the client, does not pay the full payment prior to the final production/service within the certain period of time (7days from the final consent), ‘Fifthcolour Multimedia®’ are not responsible for the loss/ damage/ deletion/ cancelation of the ‘Order’ from our production line/ data base. Once the ‘Full Payment’ credited to ‘Fifthcolour Multimedia®’ account, we will notify the customer by e-mail and the despatch / host the final out put on ASAP with ‘Invoice’ to the required delivery address.
We encourage/accept all our transactions online directly to our ‘Bank/Paypal’ accounts to avoid paper transactions. The account details will provide the clients with the final approval notifications.
We use third party delivery services including Australia Post/Local-Interstate-International Courier Services with their reasonable Insurance and liability across Australia and International services. Every effort will be made to deliver on time, but any delivery date specified by us is a best estimate and no liability is accepted for any lose arising from delay in the delivery. If the client wish to get the ‘Hardcopy / Final output to transfer through online' (need to mention at the time of placing an order) which is acceptable.
CANCELATION OF JOB:
If in any circumstances, the client decides to cancel the order/service, before the ‘Final Approval’, we will deduct certain service charges from the ‘Up front 50% payment’ and we will repay the rest to cancel the job/service under certain conditions. Once the customer has cancelled the job in writing, the client has no right/ownership of the job/service which we have produced/ created. It belongs completely to the ‘Fifthcolour Multimedia®’ and is its intellectual property. If the client has supplied any supporting Docs/Artworks or any kind or electronic files for the Job/Service, we will return them to the client ASAP.
If the client wishes to supply any supporting materials/art works/ photographs/electronic docs for the production of the project, it is the client’s responsibility to supply sufficient ‘quality’ materials for the job/service. Fifthcolour multimedia® are not responsible /take care of the ‘quality’ of the supporting doc’s which will affect the final output. The ‘Quality’ may include, resolution / colour / readability / transferability etc. Fifthcolour Multimedia has no responsibility/legal liability for the ‘Origin’ of the ‘Client-supplied supporting materials (copyright etc.)’ to use in their order/service. We may oppose/reject the use the supporting docs if they contain any kind of inappropriate pictures/words/ phrases/security issues etc..
’Fifthcolour Multimedia®’ will provide to the customer, normally three (email) soft proofs (PDF/JPEG format), before the final proof of their project. There will be ample opportunity (three soft proofs) for the customers to change/add –artworks/colours etc. in their project before the ‘Final Proof’.
It is the customer’s responsibility to check the proof on time and we are not liable for delays in the order/service caused by customer’s non-approval of the proof. It is the customer’s responsibility to check/correct the proof, misspelling / graphics / images / grammar / bleeds / fonts / size / colour etc. After the other proofs have been corrected, only one ‘Final proof (PDF/JPEG format)’ will be issued for each project. It is the client’s responsibility to correct/check each part of the project. The client must consult us within seven days from the date it is issued.
We will not agree to produce the ’Final Output’ of the ‘Project’ without the client’s official consent within ‘Fourteen days’ from the ‘Issue Date of Final Proof’ of the project. Once the project is finished, ‘Fifthcolour Multimedia®’ is able to give a non-editable file to the Customer. Fifthcolour multimedia® will store files for a reasonable time but will not be liable for storing any data on disc/tapes/cd/clouds or other media when the project has been completed.
The client must keep confidentiality and must not (without consent by Fifthcolour Multimedia®) use any ideas/Intellectual property communicated or made available by Fifthcolour Multimedia® to the client. Similarly Fifthcolour Multimedia® agrees to maintain the confidentiality of the client in all confidential materials supplied by the client to Fifthcolour Multimedia® for the purpose of the project.
Fifthcolour Multimedia ® Adelaide - Australia ABN: 66 487 284 706 © 2014