These terms and conditions are recognised standards within the Marketing Industry.

They are intended to protect both Market Leverage Limited T/as Allbrand and our customers to ensure a high delivery standard can be obtained.

We provide a niche and very personal service. All our customers are important to us as we recognise, we can only succeed if our customers do too. Also, we like to think we’re nice, we’re fair and we’re approachable. If you have any questions or wish to discuss any of these terms and conditions any time, please just get in contact with Chris Norris on 021 743 762 or email chris@allbrand.co.nz

DISCLAIMER

Market Leverage Limited T/as Allbrand, the Directors and its Agents are not registered advisors for financial, legal or compliance advice. Therefore, any perceived advice of this nature is exempt from the relevant acts.

From time-to-time you will receive advice that if you decide to follow it, may cause you to change the course of parts of your business. This advice is offered without prejudice and intended in good faith for your benefit.

You are advised to seek a second opinion before you make any such changes, and you acknowledge that any changes you do make are at your discretion as any advice received may be isolated from a full business picture.

Market Leverage Limited T/as Allbrand, the Directors and its Agents can accept no responsibility for anything that might occur financially or otherwise from any advice taken.

The total aggregated liability of Market Leverage T/as Allbrand is limited to the total sum of the single invoice associated with that advice.

CONSENT TO ALLOW US TO SHARE NON-PRIVELLEGED EXAMPLES OF WORK

We’re proud of the work we do, and we love to share this positivity in our website and across our social pages promoting the work and your business. When you do see this happen, please join in the conversation, and tag us in so we see it. This can be a beneficial enhancement of both of our marketing activities. If you do not wish us to share this work, please notify us immediately. Please rest assured we will never share privileged, special IP or private information.

COLOUR ACCURACY OUTSIDE OF OUR CONTROL

Please be aware that every computer screen is calibrated differently, and colours may vary slightly on different screens. Each office or home printer is calibrated differently too, so it is impossible to control how colours look once they leave us unless we have printed it professionally for you. This is quite normal globally and is accepted across the industry, but please know we use our experience and make every attempt to get the optimum results with colour. If you have any questions about how your colours will look, please speak with us.

For any digital work we do for you we will provide a PDF or similar for approval. Signage work relies on a range of vinyl materials that cannot always match the exact printing colours. We are happy to provide a sample of the vinyl colour for any signage work if you have any questions about colour or materials. For any printing work we prefer to provide a printed proof for approval before printing commences. If you choose not to receive a printed proof we cannot take any responsibility for discrepancies with your expectations on colour, paper weight, finished size etc. If for any reason a reprint is required because it differs from your expectations this will be charged at full price.

WEBSITE HOSTING

Website Hosting is provided by a third party. You can expect a high degree of continuity from the hosting server suppliers, with minimal disruption.

We will make every attempt to help you resolve any disruption, but can take no responsibility for any loss that may occur from loss of service.

A scale of hosting options are available, please ask.

SOCIAL MEDIA

No long-term contracts are required, unless entered into a special contract and agreed in writing.

Due to scheduling and the preparation required to run social media accounts a minimum of 60 days’ notice is required for any cancellations.

Social Media and the resources required to carry out Social Media services are affected by ever evolving technology. Market Leverage T/as Allbrand retains the right to cancel or suspend services at any time.

Any undelivered services will receive a full refund..

Do to the nature of the open Social Media domain, no guarantees are implied or given that persons outside of our control will act or comment kindly or in favour of your brand. We will endeavor to settle any questions, comments or concerns with the intent of either fusing or taking opportunity from the situation in favour of your brand. Some more serious situations may require further investment to be discussed.

A range of Social Media options are available, please ask.

SUPPLY OF MATERIALS

Materials will be ordered upon the receipt of your purchase order. We make no claims that materials will be readily available as stock levels and supply are constantly changing. Where the materials we specify are not available we will substitute for a similar or better replacement. At our discretion or for significant changes, we will notify you of such change for your approval.

SPONSORSHIP

Where Allbrand has agreed to provide sponsorship a final proof must be approved prior to investing in production. Regardless of the presence of an Allbrand logo or associated logo being present. This is to ensure any association with Allbrand is as expected and on-brand. Where Allbrand provides work in kind or in leu of sponsorship, any designs, wording and/or IP belongs to Allbrand. Allbrand issue a limited use licence to use this work. Changes, alterations or revises by others is not permitted. The purpose of this is to ensure any association with Allbrand is as expected and on-brand, and the integrity of the original design work is maintained.

COURIERS, DESPATCHES AND DELIVERIES

When Couriers are requested it is your responsibility to provide accurate address and contact information for this package. We can take no responsibility that delivery will meet your time frames. In the rare instance of a lost item, this must follow the courier company insurance process for replacement. We have no control over this. Any replacements outside of this will need to be provided at full cost.

The risk of any loss or damage to, or deterioration of goods shall pass to the purchaser when those goods leave our premises, and any replacements required will be at full cost.

QUOTES, FEES, PAYMENT TERMS AND DEBT RECOVERY

Normal charge-out rates of $150/hr apply unless agreed otherwise. If you request work to be carried out you will receive an invoice for the estimated time agreed, or within 15% of that time when reasonable. The work will be carried out to scope and if this scope is changed in any way, by you or any third party such as, but not limited to, a publication, event, or agent, you can expect the time spent and cost to cover this time to change also. Allbrand will act in your best interest at all times with the priority given to meeting your objectives and timelines. Due to the often time sensitive nature of these types of changes, when you are looped into any communications advising of these changes it will be the your responsibility to further change or stop work, if there is any dispute as to the changes occurring.

All quotes are valid for 30 days, are subject to adding GST and are based on the information you provide at the time. In some cases, charge-up is agreed and in this case a time sheet is kept and invoiced at the end of each month. An itemised account is provided to reflect this time sheet.

If you approve us to proceed to undertake work, you will receive an invoice. If you wish to stop further work on your project at any time you will be invoiced to cover the time we have spent producing any work carried out to date.

Normal Payments terms are 50% on acceptance of a quote with the balance on delivery, for charge-up, payment is expected 20th of the month following. Variations to these terms will need to be accepted and supported in writing.

Only where applicable an invoice is a payment claim under the Construction Contracts Act 2002.

Please pay on invoice as no statements are issued.

Unpaid debts are outsourced to a debt recovery service and your personal information is shared with them according to legal guidelines. Invoices that remain unpaid after the due date may incur late payment penalties and/or interest charged at 2.5% per month compounding as these are our Standard Terms of Trade. You will be responsible for any cost connected with unpaid debts.

ACCURACY

Throughout the creative process there is frequent switching from left to right brain. In order to perform this type of rich focus, on rare occasions, what can seem like simple errors can occur. Errors such as punctuation and spelling usually. All work is carefully checked before it goes to print, however when the same piece of information is read multiple times it becomes virtually impossible to spot a simple error.

When you are provided with a proof for sign-off, you are responsible for checking all work for technical accuracy relating to your industry and errors.

If a mistake is printed it is expected that a reasonable conversation will result in a fair resolution between both parties.

COPYRIGHT

Copyright on strategy, wording and design services pass to you once paid for in full. If it is mentioned on your invoice and you have paid for it in full you own it, there are no ongoing charges, and we propose no restrictions. If it is not mentioned on your invoice, we may have provided it to you as our investment, so may be subject to payment if used outside of our initial project. If in doubt, please just ask.

It is up to you to research any external copyright and/or trademark breaches, especially for work such as business names, product names, descriptions and logos. We will never intentionally breach copyright on someone else’s marketing, all our work is created uniquely for you.

INTELLECTUAL PROPERTY AND EXCLUSIVITY

If a line item is mentioned on your invoice and you pay this in full, then it belongs to you. Rights to a form we create for a common task, or process we undertake belongs to Market Leverage.

Our designs are unique, however items such as icons, buttons and some more generic style design elements can be used over and over without compromising your unique design, we retain the right to re-use elements at our reasonable discretion.

Library items such as sounds and imagery are licensed by third parties who may sell them to other companies too. We cannot control this use and offer no exclusivity. If you require exclusivity, we can arrange to create your own sounds and imagery for you. In this case you will have exclusivity. This does not apply to files and images provided by you to use in your design work, as this remains your property.

PRIVACY AND YOUR INFORMATION

With regards to your other personal information, we respect your privacy and your concerns about how the information you provide might be used.

Please note if you are sharing information across the internet there is no way to 100% guarantee that this information will not be intercepted. Please be assured that we maintain very high industry accepted security standards and make all attempts to protect you. You will also need to ensure you have appropriate security in place too to secure your end.

The personal information we receive from our customers is kept private. We do not sell or share this information with anyone unless required by law or for the collection of unpaid debts.

Information you provide belongs to you and you have the right to alter it or have it deleted at any time. Please send us this request and we will be in contact.

For E-commerce websites we may collect additional information to assist your purchase. The same privacy policies apply.

With regards to financial information, we will never ask you to share this with us. When you do share this information through our site it is routed via highly secure independent commerce gateways. These gateways are globally approved and have very high security protocols in place, we do not have access to this information. We recommend ‘Stripe.com’ as a very good payment gateway if you do not have one already.

NON-SOLICITATION

By working with us you give us permission to contact you regarding anything relevant to your enquiry or project. We will not send you any promotional information unless it is relevant to your enquiry or any additional benefits, we may offer you from time to time, and don’t worry we will not spam you.

ACCEPTANCE

Any specific contract signed or not, issued by you, or to you, unless specified otherwise in writing, will be considered accepted, if authorisation is given to begin work.

By using any service from Market Leverage Limited T/as Allbrand you agree to these terms and conditions. Changes may occur from time-to-time at the discretion of Market Leverage. However, the intent of this protection for both parties will never change.