Welcome to Next State Pty Ltd we provide services subject to the following service agreement. By engaging with Next State Pty Ltd you are bound by this service agreement and any changes made to it thereafter.
These terms of service govern the services provided by Next State Pty Ltd to you “The Client.” A condition of Next State Pty Ltd providing the service is that this service agreement takes precedence over any other agreement or representation regarding the service unless we agree otherwise in writing. Next State Pty Ltd reserves the right to make changes to this service agreement at any time.
- Due Skill Care and Diligence
Next State Pty Ltd has the knowledge and ability reasonably required to undertake the service. In providing the service Next State Pty Ltd will exercise the degree of skill, care and diligence reasonably expected from a competent organisation.
- Business Purposes
The Client agrees that it is acquiring the services under this agreement for a purpose of a business and that the provisions of the Competition and Consumer ACT 2010 and the Australian Consumer Law apply in relation to those services.
- Payment of Fees
All goods must be paid for in advance of collection unless account facilities have been arranged beforehand. Account customers terms are 15 days. Next State Pty Ltd may ask for a deposit of 50% prior to commencement on any service.
- Acknowledgement of Risk
The Client acknowledges the inherent risk involved in the services undertaken and that Next State Pty Ltd cannot guarantee, nor is any warranty given, that any particular results will be achievable. The Client understands and agrees that the service provided may include advice and recommendations, but all decisions in connection to the implementation of such advice and recommendations shall be the responsibility of, and made by the Client.
- Terms Relating to Specific Service
It is the responsibility of the Client to provide all files in the correct format ready for printing. Details of file formats are available at www.nextstateprint.com Next State Pty Ltd will not take responsibility for any changes that have been made by Next State Pty Ltd to Client files at the Client’s request.
Colour variation from monitor to the printed fabric is inevitable. If specific colours are required it is the responsibility of the Client to discuss this with Next State Pty Ltd, all colour matching services are chargeable.
It is strongly recommended that printing be applied to the stock service fabrics provided by Next State Pty Ltd. However Clients can provide their own fabrics, subject to approval of fabric from Next State Pty Ltd and meeting the Next State Pty Ltd requirement for printed minimums and set-up fees. Clients providing fabrics do so on the understanding, and on the basis, that Next State Pty Ltd will accept no responsibility for shrinkage, skewing, colour change, bleeding and overall print quality which is, or may be attributed to the fabric supplied. It is the Clients’ responsibility to provide detailed instructions on required print placements and application across the surface of the fabric. It is recommended that Clients undertake a test print before committing to larger quantity. It is the Clients responsibility to ensure all printed fabric is suitable for its intended application and meets the specific quality standards in colour fastness, wash fastness, rub fastness etc and to establish appropriate care instructions and labelling.
Clients supplying own fabric indemnify Next State Pty Ltd in relation to any damage caused to Next State Pty Ltd’s Printing Equipment caused by that fabric.
Charges are based on file management and overall area of fabric being printed.
Next State Pty Ltd and the Client intend this to be a contract for service and acknowledge that subject to the terms of this agreement, each party retains all property rights in their respective products, that each party held prior to engaging the services in this agreement.
Next State Pty Ltd requires that all Clients uphold intellectual property in respect to all their work and others. Next State Pty Ltd expects that all Clients have the lawful right to reproduce and distribute any artwork provided for print.
By engaging Next State Pty Ltd the Client warranties and represents that all intellectual property and copyright is properly and lawfully held by the Client in respect of the reproduction and distribution of the artwork and the Client indemnifies Next State Pty Ltd in respect of all claims including without limitation third party claims, demands or judgements arising therefrom or connected thereto.
- Intellectual Property
All intellectual property including, but not limited to, design which is owned by or licensed to a Client at the commencement of services by Next State Pty Ltd shall remain owned by or licensed to that Client. Any new intellectual property created in the course of the services under this agreement and which is a specified deliverable under the agreed service, is to be owned by the Client or if it is not a specific deliverable but is part of the process applied by Next State Pty Ltd in order to meet the requirements of the Client, it shall be owned by Next State Pty Ltd and Next State Pty Ltd shall in that case make the intellectual property available to the Client for use in accordance with such reasonable conditions as Next State Pty Ltd may place upon the Client but on the understanding that Next State Pty Ltd shall retain the right itself to further develop and exploit the intellectual property.
- Limitation of Liability
Next State Pty Ltd will offer all information, advice and knowledge in good faith, but bears no liability for the consequences of the Client acting on the information, advice and knowledge.
The Client agrees that Next State Pty Ltd, its employees, agents and contractors shall not be liable to the Client for any actions, damage, claims, liabilities, costs or losses in any way arising out of or relating to the services, for an aggregate amount in excess of the fees paid by the Client to Next State Pty Ltd for the Service.
In no event shall Next State Pty Ltd, its employees, agents and contractors be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses or losses (including without limitation, lost profits and opportunity costs).
The provisions of this clause and clause 4 shall apply regardless of the form of action, damage, claim, liability, cost, expense, or less whether in contact, statute, tort (including, without limitation, negligence), or otherwise.
- Force Majeure
Next State Pty Ltd will use all reasonable endeavours to carry out the Services in the agreed timeframe, but will not be held liable for delays or other failures to perform that result from events or circumstances beyond the reasonable control of Next State Pty Ltd including but not limited to governmental action, terrorism, acts of god, power failure, internet disturbances or any failure by the Client to provide agreed resources, information, services etc. in a timely manner or as agreed.
An engagement under this agreement can be terminated at any time by either the Client or Next State Pty Ltd. The Client will accept any charges incurred up to the receipt of termination instructions and any costs caused by termination. Next State Pty Ltd is entitled at its discretion to hold any goods that have been produced prior to receiving termination instructions, finally payment by the Client. Payment shall be made within 7 days of invoice from Next State Pty Ltd.
Next State Pty Ltd reserves the right to refuse to provide services, or terminate the agreement, at any time if Next State Pty Ltd reasonably believes artwork to breach copyright or applicable law, is offensive or objectionable.
Notice of disputes will be given in writing; Next State Pty Ltd and the Client will in good faith try to resolve that dispute and this process may involve mediation. If the dispute is not resolved within 20 working days from the date the dispute was advised, then the dispute will be referred to arbitration in accordance with the Arbitration Act of 1996.
Next State Pty Ltd Reserves the right to publish articles, content and images around the work it has done for its Clients generally. Any publicity pertaining directly to a particular Client Next State Pty Ltd will seek permissions from the party. External parties will not use Next State Pty Ltd in relation to the services or in any endorsement publicly without written permission from Next State Pty Ltd.
Next State Pty Ltd will accept instructions from Clients to ship finished product. Shipping is at the Client’s risk, and any loss or damage incurred by or in connection to shipping is borne by the Client. The Client is responsible and liable for all costs incurred in relation to shipping including but not limited to insurance, customs, and transport costs.
- Other Matters
This agreement is governed by the laws of Victoria, Australia.