AdTonic Terms & Conditions

Please read these Terms and Conditions (“Terms and Conditions”) before using our services or accessing our website. Your access to our website or services is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our website or services.

General
The Terms and Conditions and the privacy policy constitute a legally-binding agreement between AdTonic and you. By accessing, registering for and/or using our site or services, you agree that you are bound by the Terms and Conditions of this Agreement, and you represent and warrant that you have full power, authority and legal capacity to enter into these Terms and Conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. You should also read our Privacy Policy.

Commencement of Work
Upon payment, the client agrees to the quoted price & any proposals. Payment also requires the client to
have understood the terms & conditions.

Payment & Fees for service
It is agreed that the fee for service shall be the quote provided. A deposit of 50% of the total project cost will be invoiced at the commencement of the project, a further 50% will be invoiced upon final release of work – payment must be made in full before final files are sent.
Overdue invoices may result in late payment and administration fees to be applied. Overdue invoices of more than 14 days may be referred for debt collection. Any and all fees associated with the debt collection are to be paid by the client.

AdTonic is not required to issue refunds under any circumstances. However, if the a contract is to be terminated by AdTonic for any reason and the work is not completed or released, the relevant percentage of fees paid wherein the work has not been completed and released will be refunded. Any work completed and paid for in the event of AdTonic’s termination of a contract will be released to the client and or the client will be fully refunded.

All works designed by AdTonic on behalf of the Client is assigned to the Client, who assumes full and sole ownership and copyright for their use/reproduction however they choose. Reciprocally, AdTonic has the rights to use its work produced for the client, e.g. social media, portfolio and on AdTonic’s website. However, any finalised files released to the client as part of a project will not be knowingly or intentionally used in part or full in another client’s project.

Copyrights and Trademarks
By supplying text, images and other data to AdTonic for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by AdTonic on behalf of the customer, will remain the property of AdTonic and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not AdTonic. This includes but is not limited to.; images, web hosting, domain registration fees & other subscription fees.

By supplying images, text, or any other data to AdTonic, the customer grants AdTonic permission to use this material freely in the pursuit of the design. Upon completion of engagement, Ad Tonic will not directly share any documents created and supplied by the Client e.g. moodboard, previous brand guideline documents from another agency etc. with another client unless express consent is requested and received.
Should AdTonic, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow AdTonic to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold AdTonic free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Limitation of Liability
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
We will not be held liable for copyright or trademark infringement arising on account of any materials supplied by the Client to AdTonic for completing the work assigned to AdTonic.
AdTonic will not be held responsible for any and all damages resulting from such claims.

AdTonic is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold AdTonic responsible for any such loss or damage.

AdTonic undertakes best efforts to provide you with high quality services. However, we will not be held liable for any errors, omissions, interruptions or delays or any ongoing obligation or responsibility arising due to unforeseen circumstances.
It is agreed that all work and materials provided for The Client by AdTonic will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. AdTonic will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.

AdTonic is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold AdTonic responsible for any such loss or damage. Any claim against AdTonic shall be limited to the relevant fee(s) paid by the customer.

Confidentiality
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by AdTonic to be a competitor of AdTonic. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.

Graphic Design
All graphic design work completed by AdTonic can be used as part of our portfolio work.
When a design is finalized, any further changes made will be billed directly to the client. All graphic design is not required to be started until at least a 50% deposit has been made. Deposits are non-refundable. In the event the client is unhappy with the design, the remainder of the invoice does not need to be paid and no files will be released.
It is the client’s responsibility to store and save the files after release. AdTonic will provide design files in formats as discussed. Generally this will include .ai files, .png and .jpg files. Other file types can be included by discussion.
The customer agrees to fully indemnify and hold AdTonic from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that AdTonic holds no responsibility for any amendments made by any third party, before or after a design is published.

Web Design & Hosting
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

AdTonic do not host websites ourselves. Any hosting done for websites remains the responsibility of the host. AdTonic accepts no responsibility for any hosting related issues.
Any hosting that is setup by AdTonic on behalf of the client may be automatically renewed, unless the client advises at least 60 days prior to the end of that hosting term, they will automatically be invoiced and required to pay for the next 12 months hosting. Any domain renewal fees are also the responsibility of the client.
AdTonic requires the client to have a full backup of their existing site prior to any work commencing. AdTonic takes care to keep data safe but does not accept responsibility in the event of damaged or lost data, websites or designs.

AdTonic has the right to use any design or web work we do for you in our marketing material.
It is the client’s responsibility to keep backups of all site files. Any site updates, back ups or changes are not the responsibility of AdTonic.

Search Engine Optimization, Digital Marketing & Social Media Management
AdTonic makes no guarantees for results or conversions from any form of marketing campaigns. AdTonic makes no warranty that a search engine marketing campaign will lead to any clicks to your business or other information.

AdTonic makes no warranty that a search engine optimization, search engine marketing campaign or social media marketing campaign will lead to consistent exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.

AdTonic does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party). If the client chooses to provide any login details or passwords, the client does so at their own risk.

AdTonic does not accept responsibility for any breach or loss of data.
All ad spend budget is to be paid by the client directly to the advertising platform, management fees do not include ad spend on any platforms. The ad spend budget is to be checked by the client. AdTonic does not take responsibility for managing budget.

Disclaimer
AdTonic makes no warranties, representation, or promises of any kind, express or implied, for any and all products and/or services that it supplies. AdTonic will not be held responsible for any and all damages resulting from products and/or services it supplies.

AdTonic disclaims all implied warranties with regard to the information, services and materials contained on this website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind
AdTonic reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. AdTonic will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
AdTonic does not warrant that access to our website or services will be uninterrupted or error-free. We do not warrant or make any representations regarding the use or the results of the use of our services. Accordingly, you acknowledge that you will use our services at your risk.

External Links
AdTonic’s website might contain hyperlinks to third party websites. AdTonic is not liable for the contents or accessibility of such websites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.

Indemnification
You agree to indemnify, defend and hold AdTonic harmless from any liability, loss, claim and expenses, including all legal fees related to your misuse of the AdTonic website, our services, or your breach of these terms and conditions. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of our services.

Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by AdTonic, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

Waiver
In the event of any failure on our part to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to our services constitutes the entire agreement and understanding between us.

These Terms and Conditions supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland, Australia.
These Terms and Conditions shall take into account conflict-of-laws principles.

Notices & Communication
These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.

If you have any questions related to these Terms and Conditions, please contact us at [email address].

These Terms and Conditions were last updated on 26th October 2021.

AdTonic is located in Queensland, Australia.