The following terms and conditions (also referred to as "Terms” or "TOS") govern all use by you as a user or visitor of the website at www.codeice.com.au (including all web pages, subdomains and subparts therein contained), hereafter referred to as the "Site", plus any and all services available on or through the Site or otherwise provided by the Company as defined below in para 1.2.
The Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Site, or services otherwise provided by the Company, following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Company services.
1.1 The website at www.codeice.com.au is operated by Perth Photography Services Pty Ltd ACN 100333097 and defined here as "the Company". Based in New South Wales, Australia.
1.2 These terms and conditions (“the Terms” or "TOS") govern every contract made by the Company for the supply of goods and services by the Company to any person, firm or other company (“the Client”).
1.3 The Terms prevail over any written Terms and Conditions of the Client.
1.4 Any variation to the Terms must be agreed in writing by a Director of the Company.
1.5 All contracts between the Company and the Client will be governed by Australian Law and the parties agree to submit to the exclusive jurisdiction of the Australian Courts.
2. PRICE & PAYMENT
2.1 The Client will pay to the Company the price set out in the current price schedule (GST inclusive), which the Company can change at any time.
2.1.1 The on-line price of products may vary from prices available from any other source.
2.1.2 Digital capture or Setup fees are to be paid in advance. The balance of invoice is due prior to shipping.
2.1.3 Discounts should be confirmed on order and are applicable to printing only, unless otherwise agreed prior to the commencement of the job.
2.1.4 Only one discount or coupon code is usually available per order. Discounted pricing is at the discretion of the Company.
2.2 Cash Clients
2.2.1 If the Client does not have an account with the Company work must be paid for on confirmation of order. Payment may be made by credit card, PayPal or EFT.
2.3 ACCOUNT CLIENTS
2.3.1 The Company reserves the right not to provide credit facilities without disclosing a reason. Clients should be aware that account applications will be credit checked.
2.3.2 If the Client has an account with the Company, the Client will pay invoices within 21 days of the date of the invoice.
2.3.3 In the event of default, the Company reserves the right to withdraw credit on any current charges without prior notice.
2.4 The Company reserves the right to charge the Client interest on overdue balances at a rate of 3% per annum above the base rate of the Reserve Bank of Australia from the date of the invoice or other debit transaction, to the date of payment.
2.5 The Client will pay to the Company any expenses incurred by the Company in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
3.1 Orders must be given in writing and signed by a person authorised to do so by the Client.
3.2 If, not withstanding clause 3.1, the Company accepts a verbal order from the Client then the Company will not be responsible for any mistakes (made by either party) arising from the verbal order.
3.3 Unless the Company is given prior written notice by the Client, the person placing or signing the order on behalf of the Client will be deemed to be authorised to do so.
3.4 By placing an order with the Company you indicate agreement with the description and any terms relating to the product or service ordered.
4.1 All quotations given by the Company will be valid for 30 days from the date of the quotation.
4.2 If the Client’s order differs from the specification on which the quotation was based, then the Company reserves the right to vary the quotation (including the price).
5. SERVICE TIMES
5.1 Service times which are quoted are target times only and the Company reserves the right to vary service times and accepts no liability for failure to comply with quoted service times.
5.2 Any "Print on Demand" and "Drop Ship" arrangements are complimentary services with no warranty whatsoever and subject to stock availability and studio service times. We reserve the right to withdraw these services at anytime and without notice.
6.1 Delivery is usually via Australia Post standard parcel service and the Company accepts no liability or responsibility for any loss or damage to an order once it has been delivered to Australia Post or other delivery service.
6.2 Insurance and other guaranteed delivery services are available from Australia Post and can be arranged by request.
6.2 Whilst the Company will make every effort to deliver as quickly as possible, it will not be liable for any losses arising from delays in delivery.
6.3 Shipping costs shown at the online checkout are indicative only, where orders include mixed sizes or involve multiple packages then we will invoice you separately for the additional shipping charge.
7. FILM ORIGINALS, DIGITAL FILES & IMAGE ASPECT RATIO
7.1 Some transparencies, negatives or digital files do not have the same proportions as certain paper sizes. If this is the case the Client must inform the Company if they require the full image area (full frame) to be printed or whether the Company should crop image to fill the paper. If no instructions are given then printing will be at the discretion of the Company production team.
7.2 Where the aspect ratio of the supplied digital image file does not match the aspect ratio of the dimensions ordered printing will be at the discretion of the Company production team.
8. PAPER / CANVAS MEDIA
8.1 Unless a particular paper surface or media has been specified in the Client’s order, the Company can decide, at its sole discretion, which type of paper surface to use for printing work.
8.2 Some services, such as mounted ready to hang canvases, may be provided in conjunction with selected partner suppliers.
8.3 Due to the dimensional instability of some media, in particular canvas, actual image size cannot be guaranteed and should be regarded as approximate only. Please contact Code Ice first where precise image dimensions are critical to your project.
8.4 Print trimming and border sizes are usually within 1mm - 2mm.
9. COLOUR, DENSITY, TONE & CONTRAST
9.1 Where possible a colour match should be provided for: Colour, Density, Tone and Contrast. In the absence of a colour match a full written brief is required. Where neither a colour match or written brief are provided Colour, Density, Tone and Contrast will be at the discretion of our production team. Please note that some colours may not accurately reproduce.
9.2 Due to differences in the way that computer monitors display colours and tones we cannot guarantee that your computer monitor's representation of any colour will be accurate or that it will match the print you receive.
9.3 Proof prints, sample prints, production prints: Colour accuracy is dependent on correct viewing conditions and therefore all prints should always be assessed and matched under lighting set at 6500K as a minimum specification.
10. RAW SCANS
10.1 A raw scan supplied by the Company will generally be uncorrected for colour, density and orientation.
10.2 Unless specifically asked not to, a level of image cleaning may be undertaken free of charge and at the discretion of the the Company production team.
11. JUDGE & RUN
11.1 the Company will, if requested, judge tests and run balances for the Client but will do so solely at the Client’s own risk.
11.2 the Company will not accept any liability for any loss or damage sustained by the Client as a result of “judge and run” whether caused by the negligence of the Company , its employees or agents or otherwise.
12. ARTWORK, FILM AND OTHER DATA STORAGE
12.1 Artwork, prints, negatives, transparencies, media disks or other image media held at the Company pending a print order is normally returned with order. If no print order is produced then this material will be held for up to 6 months. If not collected after 6 months such material will be disposed of by the Company.
12.2 Digital data created by, or supplied to, the Company is on the understanding that Company is not responsible for the future integrity of that data, or of any failure to retrieve data from the Company’s storage archive.
12.3 Image files created by the Company on behalf of a client may be stored in the the Company storage archive on the understanding that the Company is not responsible for the future integrity of that data, or of any failure to retrieve data from the Company’s storage archive.
13. PHOTOGRAPHY / DIGITAL FILES
13.1 Clients should ensure that all artwork, of any description, left at the Company premises is adequately insured. The Company shall not be responsible for any loss or damage however caused to property left in the custody or at the premises of the Company.
13.2 Where the Company has been commissioned by a client to photograph or scan artwork and the Company does so free of charge, then the Company will retain ownership and copyright of all photographic material, including digital files, relating to that particular job. These digital files can be purchased from the Company at the following rates: 1-5 files $75 each, 6-10 files $60 each, 11 or more files $45 each. GST inclusive. Copyright in the original artwork is unchanged and subject to relevant copyright legislation.
13.3 The Company will take reasonable steps to maintain secure backups of digital files created as per para 13.2. but the Company shall not be responsible for any loss or damage resulting from the loss of such files, howsoever caused.
13.4 The Company reserves the right to dispose of digital files where a purchase order relating to a specific file is not received during a period of two (2) years or more. The Company will not be responsible for any loss or damage resulting from the loss of such files, howsoever caused.
13.5 Any other photography or scanning undertaken by the Company that is not done free of charge is subject to the Company's usual commercial rates and conditions.
14. UNCOLLECTED GOODS
14.1 If any items or materials deposited with the Company by the Client for the purposes of a purchase order are not collected by the Client within six (6) months of completion of the work undertaken by the Company, then the Company may dispose of or destroy such items or materials.
14.2 Artwork and other property left with the Company by any artist or client for any other purpose will be disposed of at the discretion of the Company. Disposal of such property will usually occur after 1 year if no communication has been received by the Company from the property owner.
15. COPYRIGHT & MORAL RIGHTS
15.1 the Company will claim no copyright in material submitted to the Company by virtue of work undertaken by the Company on behalf of the Client.
15.2 The Client warrants that the Client owns or controls all rights or has obtained all copyright, moral rights and similar permissions, consents and waivers as are now or hereafter required for all copying, reproduction, processing and manipulation to be undertaken and the Client hereby irrevocably authorises the Company to do all such copying, reproduction, processing or manipulation as is necessary in performing or ancillary to the services requested by the Client.
15.3 The Client further warrants that no copyright or moral rights or any other rights of a similar nature now existent or hereafter created will be infringed, by virtue of anything done by the Company on behalf of or at the request of the Client.
15.4 The Client agrees to indemnify the Company against all losses, damages, claims or expenses (including legal costs on an indemnity basis) which the Company may reasonably incur by virtue of any breach of the above warranties or in the event of any claim (whether or not proceedings are issued) by any party against the Company or its employees (whether permanent or temporary) that any copyright or moral rights or any similar rights have been infringed by the Company or its employees or that the Company have induced, encouraged, authorised or otherwise been associated with such infringement by virtue of anything done by, on behalf of or at the request of the Client.
15.5 The Client warrants that all artwork, digital files, film and negatives deposited with the Company do not contain any material which is defamatory, blasphemous, obscene or in any other way contravenes relevant law.
16.1 The Client must notify the Company in writing of any claim within 7 days of the date of the invoice or order delivery. The Company will not be liable in respect of any claim notified after such time.
16.2 Any film, negatives and/or other materials belonging to the Client or any third party and provided to the Company by the Client (for storage or otherwise) (“Client Materials”) shall remain at the Client’s risk at all times and the Client shall be responsible for insuring the same at its own expense.
16.3 Subject to Clause 16.4 the Company’s maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the fees payable to the Company hereunder.
16.4 Nothing in these Terms shall exclude or in any way limit the Company’s liability for fraud, or for death or personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
16.5 Subject to Clause 16.4, the Company shall not be liable under these Terms for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
16.6 These Terms set forth the full extent of the Company’s obligations and liabilities in respect of these Terms. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Company except as specifically stated in these Terms. Any condition, warranty representation or other term concerning the Company’s performance of its obligations hereunder which might otherwise be implied into or incorporated in these Terms, whether by statute, common law or otherwise, is hereby excluded.
16.7 The Company will not be liable for any failure to perform any contract between the Company and the Client which is due to any circumstances beyond the Company’s control including (but not limited to):-
16.7.1 inability to secure labour, materials, supplies or transport; or
16.7.2 scarcity of fuel, power or components; or
16.7.3 machine breakdown, fire, storm, flood, act of God, war, civil disturbance, strikes, lock-outs or industrial action (of any form).
17. SATISFACTION GUARANTEED
We strive for perfection and will do our best to deliver 100% satisfactory results. If for any reason you are not satisfied, we will resolve your situation on an individual basis. This may mean that we will redo the work or we may refund your payment in exchange for the unsatisfactory prints.
18. ARCHIVAL TECHNOLOGY
The company does not manufacture archival inks, canvases or paper and relies on data published by the ink and media manufacturers. We use archival pigment inksets apparently rated to last between 75 and 200 years under certain lighting and storage conditions. Independent researchers such as the Wilhem Institute publish light fastness ratings for a range of inkjet media http://www.wilhelm-research.com/ and are an appropriate source to establish independent opinion on the archival properties of inkjet prints.
19. WEB LINKS
Links provided to other Internet websites are provided for your convenience and do not constitute endorsement of the information at those websites. The Company accepts no responsibility for content contained in any website that is linked to this website. We cannot be responsible for the privacy and security practices of these other web sites; and you should refer to each web site's privacy and security policies for details.
20. ELECTRONIC COMMUNICATIONS
When you visit any website owned and operated by the Company or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Do not violate, or attempt to violate, the security of this Web Site, including uploading, posting, e-mailing or otherwise transmitting any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware or the telecommunications equipment that is owned, leased or used by us.
We accept the return of faulty products purchased from Code Ice and will replace the product for you as soon as possible. To arrange a return for a faulty product send an e-mail to print ( @ ) codeice.com.au.
You are liable for the cost and risk of return freight and freight insurance. We recommend the use of Registered Post (or similar) to ensure the parcel does not get lost during transit.
22. DISCLAIMER OF WARRANTY
There is no warranty for the goods and services provided by the Company, to the extent permitted by applicable law. Except when otherwise stated in writing the Company provides goods and services "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the goods and services supplied by the Company is with the Client. Should goods and services supplied by the Company prove defective then the Company will attempt to provide remedy as stated in paras 17 and 21.
23.1. When you purchase from any of the Company websites or send emails to the Company you may be subscribed to a list so that we can notify you of news and information about our services. You can unsubscribe at any time from that list. We do not share our mailing list.
23.2 Code Ice supplies within Australia and some overseas destinations.
23.3 We reserve the right to make changes to our site, policies, and these terms at any time.
23.4 If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.