In these terms and conditions, reference to a plural thing of persona shall by implication refer to the singular and any reference to a singular thing or person shall by implication refer to the plural. Under these terms and conditions:
‘BOLD.’ means Starry Shen Pty Ltd, ACN 630 434 043 trading as “BOLD.Studio” and its substitutes, successors and permitted assigns.
Works Services Clients
‘Client’ means person company, corporation or government agency (including the personal representative and permitted assigns or any corporation entitled or required by law to administer the Clients affairs) who signs the BOLD. contract of appointment or other document of engagement accepting these Terms and Conditions.
‘Estimate of Costs/Fees/Works’ means the cost estimates provided to the Client in the Project Proposal in respect of the works to be carried out by BOLD. on the Project. ‘Project’ means the design, products and/or services to be provided by BOLD. to the Client as detailed in the Project Proposal.
‘Project Proposal’ means a document or communication (whether or not titled or headed “project proposal) that details the design, products and/or services to be provided by BOLD. to the Client as well as the agreed fees and charges to be paid by the Client to BOLD. for the work to be carried out by BOLD..
‘GST’ has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
The Client acknowledges that these terms and conditions apply in relation to all services provided by BOLD. to the Client. Prices are subject to change without notice. BOLD. reserves the right to vary these standard terms and conditions and will notify such changes to the Client. The Client’s rights under these terms and conditions are not assignable or transferable. Clause headings are for convenience of reference only and have no effect in limiting or extending the language of the provisions to which they refer.proposal) that details the design, products and/or services to be provided by BOLD. to the Client as well as the agreed fees and charges to be paid by the Client to BOLD. for the work to be carried out by BOLD.
This agreement shall be governed by and constructed in accordance with the laws of Victoria and the parties submit to the jurisdiction of its courts.
This agreement assumes goodwill from both BOLD. and the Client regarding:
• what can reasonably be achieved in a given time frame; and
• making the best use of resources to achieve the most effective outcomes.
BOLD. shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of BOLD. including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Where any clause or part of that clause is void, illegal or unenforceable it may be severed without affecting any other part of this agreement.
Failure by BOLD. to insist upon strict performance of any term, warranty or condition of any agreement shall not be deemed as a waiver thereof or any rights it may have. No express waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.
Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such, BOLD. takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation. However, BOLD. cannot be held responsible for perceived variations between expectation and the actual outcome.