By placing an order with WD Associates, you confirm that you are in agreement with and bound by the terms and conditions below.

Provision of Services

  1. WD Associates of 1 Gillingham Cres, Craigibuern 3064, ABN 27 065 387 202 will provide you with the services set out in your confirmed Order Form/Quote. Only those services mentioned will be provided by WD Associates and any amendments, add-ons or schedule changes must be agreed to in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the Purchase Order and Fee Schedule form the total agreement between us
  2. A proof of sample/s would be shown for further verification of Artworks/Drawings and will be treated according to the se`t outlines defined by the client

Costs and Payments

  1. You must pay all charges as set out in the confirmed Order Form/Quote. As prices quoted on WD Associates material may change at any time without notice, please check the price on your Purchase Order before confirmation. Cost estimates are only valid for a period of 30 days
  2. You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions
  3. You will be invoiced as agreed in your purchase order. A 50% deposit is required for all accounts and remaining amount will be payable within 10 days of invoice
  4. You must pay WD Associates charges without any set off, counter claim or deduction unless same is agreed in writing between us
  5. WD Associates reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days. (VIP status)
  6. No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being: Supply of final artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the property of WD Associates unless arranged otherwise

Dispute Resolution

  1. The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
    • Clearly communicate in writing the background facts leading to or causing the dispute
    • Set out clearly what action is required to settle the dispute
    • Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
    • Discuss specific means of avoiding such disputes in the future
  2. Attempts to resolve the dispute must follow the following procedure:
    • The person complaining shall set out in writing the background, the issues and the outcome desired
    • The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired
    • If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days
    • If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final
    • In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 10 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute
      Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement procedure

Intellectual Property

  1. All creation files remain the property of WD Associates
  2. WD Associates retains the Copyright in and the right to use all artwork created in advancing the profile of WD Associates and to be recognized for artwork created by WD Associates
  3. WD Associates shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, WD Associates shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise
  4. WD Associates observes Privacy Laws and Guidelines relating to personal data

General

  1. If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
  2. Written communications between us may take the form of letters, formal documents, faxes or emails.

Suspension of Services

  1. WD Associates reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed
  2. WD Associates may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of WD Associates
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