Print Promtion - Terms & Conditions

PRINT PROMOTION ® is a division of
Arcane Media Pty Ltd ® and TM Registered trade mark of Arcane Media.
This page was last updated: 11/07/2023 @10:56am.

1. Interpretation
_____________________________________________________________________________________________________ In these conditions unless the contrary intention appears:
“Additional Charges” includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Arcane Media arising out of the Goods or Services.
“Arcane Media” means Arcane Media Pty Ltd ABN 32 129 446 457.
“Customer” means the person to or for whom the Services are to be provided by Arcane Media.
“Goods” means any website, development in website, design, business cards or other products produced or sold to the Customer as part of the Services or otherwise by Arcane Media.
“Intellectual Property” means Arcane Media’s business names, trade names, trade marks, product names, copyright, patents, designs, industrial processes, trade secrets, know how and other intellectual property rights and any development in such intellectual property rights
“Purchase Price” means the list price for the Goods or Services as charged by Arcane Media at the date of supplying the Goods or of carrying out the Services or such other price as may be agreed by Arcane Media and the Customer prior to the Services being carried out.
“Services” means the services to be provided to the Customer by Arcane Media, where services include but are not limited to design services, printing, website design, animation, virtual tours and web hosting services.
“Tooling” means any tooling, dies, guillotines, stamps and other equipment used by Arcane Media in supplying the Goods or carrying out the Services. 2. Order for Services
_____________________________________________________________________________________________________ 2.1 An order given to Arcane Media is binding on Arcane Media and the Customer, if:
(a) a written acceptance is signed by Arcane Media; or
(b) Arcane Media sends the Customer an invoice for the deposit amount required to initiate the order, where the Customer does not countermand by the close of the next business day of receiving the invoice; or
(c) the Services are provided by Arcane Media in accordance with the order.
2.2 An acceptance of the order by Arcane Media is then to be an acceptance of these Terms and Conditions by Arcane Media and the Customer and these Terms and Conditions will override any conditions contained in the Customer’s order. Arcane Media reserves the right to accept a part only of any order by notifying the Customer in writing or by providing the Services to the Customer. No order is binding on Arcane Media until accepted by it.
2.3 An order which has been accepted in whole or in part by Arcane Media cannot be cancelled by the Customer without obtaining the prior written approval of Arcane Media which it may refuse in its absolute discretion.
2.4 Arcane Media and the Customer agree that Arcane Media may vary the Terms and Conditions from time to time. Arcane Media will communicate such changes to the Customer either directly or via its website and the Customer agrees to be bound by such Terms and Conditions.
2.5 Arcane Media is not liable for any error or fault in the text, artwork or other materials provided by the Customer to Arcane Media and the Customer agrees that it has satisfied itself independently of Arcane Media of the appropriateness of such materials for the Customer’s intended use. 3. Limitation of Liability
_____________________________________________________________________________________________________ 3.1 The liability of Arcane Media is limited, to the extent permissible by law and at the option of Arcane Media: in relation to Goods, to;
(a) replacing the Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(d) the payment of the cost of having the Goods repaired;
and in relation to Services, to:
(a) the supply of the services again; and
(b) the payment of the cost of having the services supplied again.
3.2 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions or in specific warranties, are excluded and Arcane Media is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever.
3.3 Any claims to be made against Arcane Media for short delivery of Goods or Services must be lodged with Arcane Media in writing within 7 days of the delivery date.
3.4 Unless the terms and warranties are included in these Terms and Conditions or are provided in specific warranties, all prior discussions, quotations, warranties to the extent permitted by law, are excluded. 4. Currency and Taxation
_____________________________________________________________________________________________________ 4.1 All transactions are processed in Australian Dollars. Acceptable abbreviations are AUD, AUD$, AU$ and A$. Prices are inclusive of GST. 5. Price and Payment
_____________________________________________________________________________________________________ 5.1 The Customer must pay the Purchase Price and the Additional Charges to Arcane Media.
5.2 If the Customer is in default, Arcane Media may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
5.3 All payments are due before commencement of provision of the Goods or Services unless agreed otherwise by Arcane Media in writing. The Customer is liable for interest at the discretion of Arcane Media calculated at the rate of 1.5% per month or part of a month from the due date until the date payment is received by Arcane Media.
5.4 Unless formally written, delivery cost is free within Australia; or included into the advertised price.
6. Retention of Title
_____________________________________________________________________________________________________ 6.1 Ownership, title and property of Goods remains with Arcane Media until payment in full for the Goods and all sums due and owing by the Customer to Arcane Media on any account has been made. Until the date of payment:
(a) the Customer has the right to sell the Goods in the ordinary course of business;
(b) until the Goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Goods as bailee for Arcane Media;
(c) the Goods are always at the risk of the Customer.
6.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:
(a) if any payment to Arcane Media is not made promptly before the due date for payment;
(b) if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Arcane Media is dishonoured;
6.3 In the event of a default by the Customer, then without prejudice to any other rights which Arcane Media may have at law or under these Terms and Conditions:
(a) Arcane Media or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
(b) Arcane Media may recover and resell the goods;
(c) if the Goods cannot be distinguished from similar goods which the Customer has or claims to have paid for in full, Arcane Media may in its absolute discretion seize all goods matching the description of the Goods sold by Arcane Media and hold same for a reasonable period so that the respective claims of Arcane Media and the Customer may be ascertained. Arcane Media must promptly return to the Customer any goods the property of the Customer and Arcane Media is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
(d) In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Arcane Media. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Arcane Media at the time of the receipt of such proceeds. The Customer will pay Arcane Media such funds held in trust upon the demand of Arcane Media.
(e) The Customer must pay to Arcane Media all reasonable costs and disbursements incurred by Arcane Media in pursuing any recovery action, or any other claim or remedy against the Customer, including debt recovery fees and legal costs incurred by Arcane Media on a solicitor client basis and as a liquidated sum.
7. Personal Properties Securities Act (“PPSA”)
_____________________________________________________________________________________________________ 7.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
7.2 Arcane Media and Customer acknowledge that these Terms and Conditions constitute a Security Agreement and give rise to a Purchase Money Security Interest (“PMSI”) in favour of Arcane Media over the Goods supplied or to be supplied to the Customer as Grantor pursuant to the Terms and Conditions.
7.3 The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms and Conditions.
7.4 Arcane Media and the Customer acknowledge that Arcane Media, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer as Grantor under the Terms and Conditions on the PPSA Register as Collateral.
7.5 To the extent permissible at law, the Customer:
(a) waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Arcane Media.
(b) agrees to indemnify Arcane Media on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
(i) registration or amendment or discharge of any Financing Statement registered by or on behalf of Arcane Media; and
(ii) enforcement or attempted enforcement of any Security Interest granted to Arcane Media by the Customer.
(c) agrees that nothing in sections 130 and 143 of the PPSA will apply to the Terms and Conditions or the Security under the Terms and Conditions;
(d) agrees to waive its right to do any of the following under the PPSA:
(i) receive notice of removal of an Accession under section 95;
(ii) receive notice of an intention to seize Collateral under section 123;
(iii) object to the purchase of the Collateral by the Secured Party under section 129;
(iv) receive notice of disposal of Collateral under section 130; (v) receive a Statement of Account if there is no disposal under section 132(4);
(vi) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged. (vii) receive notice of retention of Collateral under section 135; (viii) redeem the Collateral under section 142; and (ix) reinstate the Security Agreement under section 143.
7.6 All payments received from the Customer must be applied in accordance with section 14(6)(c) ofthe PPSA. 8. Security and Virus Warning
_____________________________________________________________________________________________________ 8.1 The internet and World Wide Web are unsecured public networks. The Customer acknowledges and agrees that the information sent to or from Arcane Media may be intercepted, corrupted or modified by third parties and files and data may be susceptible to computer viruses or other defects and the Customer agrees that Arcane Media is not liablefor any loss, damage or claims arising out of this.

9. Intellectual Property
_____________________________________________________________________________________________________ 9.1 The Goods contain Intellectual Property rights that belong to Arcane Media. Property, right and title in that Intellectual Property will remain with Arcane Media despite the Customer acquiring the Goods.
9.2 All Intellectual Property created during the course of the design or manufacture by Arcane Media and the supply of the Goods or Services or as a result of work done in connection with the supply of the Services will be and will remain the property of Arcane Media unless agreed to otherwise by Arcane Media in writing. The Customer agrees to execute all documents evidencing Arcane Media’s ownership in the Intellectual Property as Arcane Media may reasonably require.
9.3 The Customer must not pass any Intellectual Property to third parties without Arcane Media’s prior written approval.
9.4 Any third party intellectual property used by Arcane Media on behalf of the Customer cannot be used by the Customer without first seeking the third party’s permission.
9.5 The Customer agrees to indemnify and keep indemnified Arcane Media against all damages, penalties, costs and expenses arising out of the Customer’s use of the Goods and Services.
9.6 The Customer warrants that all artwork, text, photography, animation, information or material of any kind provided by the Customer is the intellectual property of the Customer. Arcane Media is not liable for any errors or omissions or faults in the materials provided to Arcane Media by the Customer.
9.7 The Customer warrants that the use by Arcane Media of any intellectual property provided by Customer to Arcane Media so that Arcane Media may provide the Goods and/or Services under these Terms and Conditions does not infringe any intellectual property rights of third parties.
9.8 The Customer acknowledges and agrees that Arcane Media is entitled to use copies of material developed for the Customer, including material provided by the Customer, for Arcane Media’s marketing purposes, including on its website.
9.9 Customer must indemnify and keep indemnified Arcane Media against any and all liabilities, expenses, losses and/or damages including attorney’s fees whether direct, indirect or consequential, arising from a third party, alleging that the Goods or Services infringe the intellectual property rights of the third part due to Arcane Media’s use in the production of the Goods and/or Services of any branding, artwork or other intellectual property provided to Arcane Media by Customer. 10. Website Alterations
_____________________________________________________________________________________________________ 10.1 For website design services, Arcane Media commits to make adjustments free of charge for the first hour of consultation, after which, changes, updates and additions, unless quoted on a project by project basis, will be charged at standard hourly rates. 11. Search Engine Submissions
_____________________________________________________________________________________________________ 11.1 The Customer acknowledges and agrees that Arcane Media is not liable for poor ranking or non-appearance on search engines where the Customer’s website is submitted to nominated search engines. 12. Confidential Information
_____________________________________________________________________________________________________ 12.1 The Customer must not at any time whether during or after the Services are carried out by Arcane Media divulge any information in relation to Arcane Media’s affairs or business or method of carrying on business. 13. Advertising
_____________________________________________________________________________________________________ 13.1 The Customer agrees to allow Arcane Media to include a small and discreet advertisement link at the bottom of the Customer’s website pages where the website has been designed by Arcane.
14. Customer Login details
_____________________________________________________________________________________________________ 14.1 The Customer Login page of the Arcane Media website contains links that are accessible only through the use of username and password authentication. If the Customer has been assigned a username and password for access to these restricted areas, the Customer is responsible for maintaining the security and confidentiality of their username and password, and any information contained in the restricted areas. Arcane Media may cancel the Customer’s Login access at any time without notice. 15. Printing
_____________________________________________________________________________________________________ 15.1 All artwork provided by the Customer must meet Arcane Media’s artwork specifications as specified on the Arcane Media website and as amended from time to time.
15.2 Arcane media is not liable for any errors which occur in the electronic transfer of any artwork.
15.3 Where the Customer’s order is not print ready and Arcane Media proceeds to arrange printing, the Customer is liable for costs of any alterations or subsequent changes required to make the order print ready.
15.4 The Customer acknowledges and agrees that Arcane Media may not be able to provide an exact match in colour or texture compared to the Customer’s artwork. The Customer acknowledges and accepts that there are acceptable levels of colour variation (+/- 12%) from print run to print run, from stock to stock, from back to front, and between different printing processes.
15.5 Trimming may vary from the proof or specification. 16. Tooling

_____________________________________________________________________________________________________ 16.1 Where Arcane Media uses Tooling to supply the Goods or carry out the Services, the Customer acknowledges and agrees that Arcane Media is not liable for the Goods or Services being exact measure, content or capacity as that referred to in the description of the Goods or Services.
16.2 Property of any Tooling will not transfer to the Customer, whether charged for or not, and Arcane Media will not be under any obligation to deliver them to the Customer. The Customer must not part possession with the Tooling.
16.3 The Customer agrees to pay for any alteration of Tooling required by Arcane Media to carry out the Services and Customer agrees to assume all risk of resultant damage of such Tooling. 17. Force Majeure

_____________________________________________________________________________________________________ 17.1 Arcane Media is not liable for delay in performing, or non-performance, of any of its obligations under these Terms and Conditions caused by unforeseeable circumstances beyond Arcane Media’s reasonable control (including, without limitation, acts of God, civil or military authority, accidents, earthquakes, strikes, the elements, labour disputes, shortage of suitable part or components or other materials, mechanical breakdown, fire, flood, tempest and war) and in such circumstances, Arcane Media will be entitled to a reasonable extension of time for the performance of its obligations. 18. General
_____________________________________________________________________________________________________ 18.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
18.2 These Terms and Conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
18.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
18.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by Arcane Media will be considered to imply or constitute a further waiver by Arcane Media of the same or any other term, condition, right or remedy. 19. Indemnity
_____________________________________________________________________________________________________ 19.1 To the full extent permitted by law, Customer will indemnify Arcane Media and keep Arcane Media indemnified from and against any liability and any loss or damage Arcane Media may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by Customer or its representatives. 20. Consumer Law, Return, Refund and Exchange Policy

_____________________________________________________________________________________________________ 20.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
20.2) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
20.3 Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
20.4 Warranties: Seller: Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Manufacturer: Products may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.
20.5 Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, you must contact us within 7 days of receipt of your products/services and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
20.6 Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.
20.7 Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.
20.8 Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made
20.9 Change of mind: We will not accept returns for change of mind or circumstances pursuant to our cancellation policy.
21. Delivery, Risk and Acceptance
_____________________________________________________________________________________________________ 21.1 Delivery:
(a) Unless expressly stated in the Scope of Services, delivery dates are a guide only and we do not guarantee any fixed deadlines for the delivery of Services or Deliverables (but will in any event provide the Services and Deliverables in a timely manner).
(b) We are not responsible for delays caused by:
(i) your delay in providing us with instructions, access, or Client Materials neces-sary to undertake the Services;
(ii) the delays, action or inaction of any third party (including your contractors);
(iii) the delays, action, operation, inaction, or failure of any third party service, software, or equipment;
(iv) changes in the Scope of Services (whether requested by you, or required to cater for changes in technology or other circumstances);
(v) any Force Majeure Event; or
(vi) us exercising our rights, and if any of these events cause a delay, we may, by Written Notice to you, extend the delivery date by the same length of time or any greater period as we deem reasonably necessary.
(vii) The Customer is not relieved of any obligation to accept or pay for Goods or Services by reason of any delay in delivery. Goods or Services may be delivered by instalments at the discretion of Arcane Media.
21.2 Acceptance of Print Deliverables:
(a) This clause 21.2 applies only to Print Deliverables.
(b) If we provide you with a proof of the Print Deliverable, we will not be responsi-ble for any errors in the Print Delrverable which appeared in the proof and which were not corrected by you before you approved the proof. (c) A proof will be approved if you:
(i) confirm the approval in writing, incr uding by email; or
(ii) on ouronline acceptance form.
(d) The cost of any additions, alterations or corrections to the proof, after the proof has been approved will be treated as Out of-Scope Services.
21.3 Rejection of Print Deliverables:
(a) Subject to clause 21.2, you may reject the Print Deliverables if you reasonably determine that they are not to the standards specified in the Scope of Services.
(b) If you wish to reject the Print Deliverables, you must notify us of the rejection either: (i) within 7 days of delivery; or
(ii) within 7 days of notification that the Print Deliverables are ready for collection.
21.4 Delivery of Print Deliverables
(a) We will notify you when the Print Deliverables are ready for collection.
(b) Subject to clause 21.4(c), you must collect the Print Deliverables from our premises, within 7 days of the notification in clause 21.4(a).
(c) If we have agreed to arrange for delivery of the Print Deliverables, you are liable for all freight or other postage costs of such delivery.
(d) Insurance on frieghted goods is not included. If you require insurance, please contact for quote.
(e) Where delivery is requested by the Customer, to be left at an unattended address, we will not accept liability for any subsequent issues arising from that delivery. This clause does not affect any other rights pertaining to the goods noted within these terms and conditions. 21.5 Risk of Print Deliverables
(a) The risk in the Print Deliverables passes to you:
(i) if we deliver the Print Deliverables to you, at the time of delivery; or
(ii) otherwise, at the time we notify you that the Print Deliverables are ready for collection in accordance with clause 21.4 (b) If you elect to reject the Print Deliverables in accordance with clause 21.3, risk reverts to us when:
(i) you notify us that the Print Deliverables are rejected; and
(ii) if the Print Deliverables are in your possession, we receive those Print De-liverables.
(c) We are not liable for insurance, loss or damage to any Print Deliverables incurred while being delivered, in transit or which have been left at our premises.
(d) If you leave your property, including the Print Deliverables, at our premises for 6 months or more, we may retain or sell the property or Deliverables and retain the proceeds of sale as compensation for holding and handling of the property or Deliverables.
21.6 Acceptance of Digital Deliverables: (a) The following applies to any Deliverable which is a Digital Deliverable:
(i) upon delivery of a Digital Deliverable (whether at a particular stage of com-pletion or upon final completion), it is your responsibility to review and test the Digital Deliverable to confirm they fulfil the Scope of Services and meet your specified requirements.
(ii) you may give us Written Notice within 14 days of delivery if you reasonably consider that the Digital Deliverable contains a Defect, clearly identifying the ways in which it does not meet the agreed Scope of Services. We will then correct the identified Defects to meet the agreed specifications, and re-present the Deliverable to you for acceptance within 14 days ( or other period agreed between the parties).
(iii) the parties will repeat the process in clauses 21.6(a)(i) to 21.6(a)(ii) until the Deliverable meets the agreed specifications.
(iv) the Deliverable is deemed to be accepted if you confirm that you accept the Deliverable, or if we do not receive a Written Notice under clause 21.6(a)
(ii) within 14 days.
(v) the parties acknowledge that delayed acceptance of a Deliverable will impact upon the delivery timeframe of all future Deliverables. As such, deadlines for all Deliverables will be extended by the same duration as final acceptance is delayed.
(b) Any changes you request to any part or stage of a Digital Deliverable once that part or stage has been deemed accepted (including changes to content) will be treated as Out-of-Scope Services, and we reserve the right to charge the Out-of-Scope Fee to those services.