Terms and Conditions
Terms of Service
Welcome to Next State PTY LTD. We provide services subject to the following terms of service. By engaging with Next State PTY LTD you are bound by these terms of service and any changes made to it thereafter. If you do not agree to the terms of service then you may discontinue your interaction with Next State PTY LTD.
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 these terms of service take precedence over any other agreement or representation regarding the service. Next State PTY LTD reserves the right to make changes to the service agreement at any time.
- Next State Service
Next state offers stock service fabrics that are available for customers to digitally print artwork designs onto.
Next State’s design community is a marketplace where customers can purchase an artwork for print and select a fabric to print it on.
The Next State design community is also a place where designers can promote, sell and present their artwork available to next State customers.
- 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 normally expected from a competent organisation
- Business Purposes
The client agrees that it is acquiring the services 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 with connection to the implementation of such advice and recommendations shall be the responsibility of, and made by the client.
- Terms Relating to Specific Service
- Providing Artwork
When providing artwork for print Next State can only reproduce artwork based off the file that has been provided. When providing artwork for printing the client acknowledges they have approved the file is suitable for print and are in control of the outcome. This relates to the scale the artwork is set to, the quality of pixels in the image, a reasonable understanding of the outcomes and related limitations of a digital file being printed onto a textile.
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 clients request.
By providing artwork files for print the client is acknowledging they have full ownership, permissions or licensing rights to reproduce and replicate a print/artwork/design/drawing/illustration. Please see further detail on point 7 and 8.
- Colour Reproduction
Next State will to the best of their ability reproduce an artwork, print, digital file onto a textile to achieve the best possible colour match. By printing files with Next State you are accepting print colour will have variation from screen to textile and not all colours can be printed.
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.
- Fabric Selection
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, on 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 that Next State PTY LTD will accept no responsibility for shrinkage, skewing, colour change, bleeding and overall print quality which might 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.
Next State’s stock service fabric has been selected due to its quality and performance when printed. There may be circumstances where faults in the fabric, fabric preparation or printing has occurred and not been noticed prior to shipping.
Natural fabrics will always have subtle imperfections, it may be in yarn, weave or dye finishing process. Next State will not guarantee subtle imperfections will not be included in any given fabric order. These include, fluff, slubbing, yarn thickness variation, skew and off-grain at selvage, fibre cross pollution presenting variation in yarn colour.
Next State has provided recommend care instructions for all fabrics to be found at the following link https://nextstateprint.com/fabric/
Next State and the Client intend this to be a contract for service and acknowledge that all work and all rights therein, including, without limitation, copyright belong to and shall be the sole and exclusive property of both parties.
Next State PTY LTD expects 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.
- 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 service and which is a specified deliverable under the agreed service, is to be owned by the client or if not specific 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.
- Selling Artwork on Next State
Artwork can be provided to Next State for selling through the “Artwork Library”
Designers can request to create a profile, supply artwork for printing, sell artwork and receive a commission
Commission is 10% and a sales report is made available on the first week of every month. Commission is paid on the second week of every month.
At any stage a designer can request to have an artwork or profile removed, which can take up to 14 days.
All artists acknowledge they have the legal rights for Next State to sell artwork on their behalf and the artist owns all copyright and intellectual property.
Each party is responsible for all their own taxation liabilities
Next State reserves the right to remove any artwork or profile deemed offensive or inappropriate.
- Limitation of Liability
Next State PTY LTD will offer all information, advice and knowledge in good faith, but cannot accept 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 and in particular, any failure by the client to provide agreed resources, information, services etc.
An agreement for a service can be terminated at any stage by either the client or Next State PTY LTD. The client will accept any charges incurred up to the receipt of termination and any costs caused by termination.
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 general. 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.
- Postage and delivery
Delivery will be facilitated based on full instructions from the customer by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase or invoice. Next State will charge shipping charges to the customer which will vary depending upon the size and price of the product.
Please contact Next State PTY LTD should you feel a product is faulty and is required to be returned.
Returning product for a credit or refund will be at the customers cost, no refund or credit will be applied without Next State PTY LTD receiving faulty goods.
Next State PTY LTD works to uphold the highest standards and if something has been provided with fault Next State PTY LTD will aim to provide a speedy outcome and resolution.
If a product has been damaged during shipping please contact Next State PTY LTD with details for resolution.
- Our Details
Next State PTY LTD ATF Next State Trust
10 Bond Street, Abbotsford
+61 3 94295888
ABN 13 811 324 002
ACN 602 268 306
Next State offers the service to digitally print textiles. This service is offered to customers to order fabrics via an online portal to upload and purchase fabrics. Next state also accepts orders from customers making direct contact via phone or e-mail for purchase. As such we collect information in order to process orders, undertake printing, receive payment and post out order.
This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (“Act”) and the Australian Privacy Principles.
Next State is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will take all necessary measures to fulfill this commitment, including to:
- Comply with the Australian Privacy Principles.
- Ensure that we manage your personal information openly and transparently.
- Only collect personal information from you that we need in order to offer you the best possible service and customer experience.
- Tell you how we might use your personal information.
- Keep your personal information secure.
- Make sure your personal information is kept accurate and up to date and to properly dispose of any personal information that is no longer required by us.
In order for Next State to complete a custom printed textile order the following information is collected. Depending on the customers method of ordering we may require all or some of the following information; E-mail, phone number, full name, address, credit card details, company name.
How your information is collected
In nearly all circumstances information collected will be provided by you to us
- Directly from you, either in person or over the phone
- When you place an order via the Website
- When you interact with the Website
When placing an order we will collect your personal information so we can communicate with you, take payment and post out orders.
Your personal information collected will be collected when you make contact with email, fill out e-mail contact form, provide e-mail when signing up to the Next State mailing list or via phone to Next Sate.
When placing an order on the on-line order form you will be required to provide your name and contact details and address for shipping.
When using the on-line ordering portal to make a payment you will provide credit card details, these are collected and processed by a secure third party purpose built payment collections provider
If you wish to contact Next State directly to make payment over the phone you will be providing your credit card details verbally to an Authorised Next State employee.
In circumstances where you are providing information to us on behalf of a company we accept this information based on you being authorised to provide it and are doing so in good faith.
Purpose of collecting your information
We collect your personal information so that we can carry out the following actions.
- To provide you with products and services that you have requested from us.
- To communicate with you, including about products and services, news and company updates, special offers, and events, which might interest you.
- To answer your questions and provide you with information or advice;
- To create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
- Provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery services including Australia Post and couriers
- To carry out Business administration, marketing and planning.
- If we are required to comply with laws or regulations or to comply with any directions given by regulators or authorities.
- If you are seeking employment with Next State your information will be used to asses your suitability.
Changing your personal details
Please advice us of any changes to your personal details you wish to make us aware of.
Call the Office: 03 9429 5888
Disclosure of your personal details
Your personal information may be disclosed in connection with any Purpose to any of the following:
Our employees, contractors or service providers, to the extent reasonably necessary to fulfill our obligations to you. This may include internet service providers, IT systems administrators, mailing houses, couriers, payment processors, and data entry service providers.
Next State business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required.
If required to provide it by law to any authorised government bodies such as the police.
Security of your personal information
Next State ensures that all information collected will be safely and securely stored.
We protect your personal information by:
- Restricting access to personal information
- Maintaining technology products to prevent unauthorised computer access
- Securely destroying your personal information when it’s no longer needed for our record retention purposes.
- When payment details are taken over the phone on paper, once transaction has been processed paper is shredded.
- Next State uses 128 – bit SSL (secure sockets layer) encryption technology when processing your financial details. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.
Email subscription and unsubscribe
Next State under no circumstances wants you to receive e-mails from our mailing list unless you have opted in. At any stage you can choose to unsubscribe.
Complaints about breaches of privacy
If you would like to make a complaint or feel your privacy has been breached in any way please get in contact so we can look to make a swift resolution
Call the Office: 03 9429 5888