Terms of service

By visiting and ordering from our Company’s website, store, or engaging The Independent Group in any way, you the customer (“Customer”) agree that these terms and conditions below will apply to all goods purchased online, in store or by fax, telephone or email by the Customer from the Company.

Below are The Independent Group (throughout this document will be referred to as TIG) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with TIG. Please also note that from time-to-time TIG may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.

ONE – PAYMENT TERMS

  • “The Client” agrees to pay a deposit of the quoted amount to commence any project with the deposit amount to be outlined on the attached invoice / Proposal, and the client agrees that the balance is payable prior to delivery.

  • Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable.

  • If the work time exceeds 4 calendar weeks in duration, “The Client” (if applicable) agrees to a progress payment of 50% of the balance per month until the conclusion of the project.

TWO – WORK CASE STUDIES & DESIGN SAMPLES

  • “The Client” agrees to allow TIG to showcase any/all work created in the course of a project as part of the TIG portfolio.

  • TIG will first send an email to “The Client” requesting approval to do so as a formality.

THREE – SCOPE OF WORK

  • TIG is only responsible for the scope of works as described in the attached quotation or proposal.

  • TIG may make any changes to the Scope of Work to comply with legal or regulatory requirements, avoid infringement, or if changes don’t materially affect the service quality.

  • If “The Client” wants changes, they must submit full written specifications.

  • TIG may decline or provide a quote for alterations; the client can accept or withdraw.

FOUR – FEES FOR SERVICE

  • Fees shall be based on estimates unless additional work exceeds the outlined scope.

  • Additional work will be quoted, and written approval is required before proceeding.

FIVE – CUSTOMER MATERIALS

  • TIG will not be liable for delays, additional costs, or errors caused by Customer Materials if unsuitable or improperly provided.

  • TIG may reject unsuitable materials.

  • Extra production costs from unsuitable materials may be charged to the customer.

SIX – LEGAL AUTHORIZATION FOR PUBLICATIONS

  • The Customer is responsible for obtaining all consents, clearances, and authorizations for use of materials in Deliverables.

  • TIG is not responsible for third-party rights infringement.

SEVEN – EXCESS WORK

  • Any additions or changes after approval are considered excess work and will be quoted separately.

  • Work starts only after the new quote is signed off.

  • Fees, deposits, or payments are non-refundable if the contract is terminated after work starts.

EIGHT – LIABILITY & LITIGATION

  • Work will be free of liens and may be lawfully used by the client.

  • TIG does not perform licensed works; subcontractors are responsible for their compliance and quality.

  • TIG is not liable for indirect losses or third-party claims unless agreed in writing.

NINE – COPYRIGHT

  • TIG retains ownership of design concepts until full payment is made.

  • After payment, ownership transfers to the client, but TIG may use work for its portfolio unless requested otherwise.

  • Copyright on unused concepts remains with TIG.

TEN – CONFIDENTIALITY

  • TIG employees will not disclose confidential information about the client without prior written consent.

ELEVEN – LATE PAYMENTS & DEFAULTS

  • Accounts unpaid after 15 days incur a $50 + GST admin fee.

  • After 30 days, an additional 7% fee per week applies.

  • TIG may suspend all services and retain rights over work until full payment.

  • Files may be removed from servers until payment is received.

  • Legal and collection costs due to non-payment will be charged to the client.

TWELVE – TERMINATION POLICY

  • If a project is canceled by the client after it starts, the deposit is forfeited.

  • If over 50% complete, a pro-rata fee applies at $200/hr + GST.

  • If TIG cancels, the deposit will be refunded.

  • All copyrights and designs remain with TIG if the client cancels.

THIRTEEN – APPLICABLE TERMS OF SALE

  • Effective 27/9/2023, all sales must be paid in full before delivery unless otherwise stated in writing.

FOURTEEN – DELIVERY

  • Delivery times are estimates only.

  • If no one is available at the delivery address, goods may be left at the customer’s risk.

  • Claims for issues must be made within 7 days.

  • Returns or cancellations must be agreed in writing and may incur restocking fees.

FIFTEEN – QUOTATIONS OF PRICES

  • Prices may change based on supply costs.

  • Prices are in AUD and exclude GST and delivery unless stated otherwise.

SIXTEEN – GST

  • All prices exclude GST. GST must be paid in addition to any quoted amount.

SEVENTEEN – LOSSES

  • The Company is not liable for losses or damages from delay, negligence, or any act unless legally required.

  • Refunds may be offered if replacement goods are unavailable.

EIGHTEEN – DISCLAIMER OF IMPLIED WARRANTY

  • The Customer accepts goods at their own discretion and risk.

  • The Company does not warrant the suitability of goods.

  • The Company is not responsible for website accuracy or availability.

NINETEEN – SERVICING AND REPAIRS

  • Services are available Mon–Fri, 9–5, unless agreed otherwise.

  • After-hours service is billed at higher rates and requires prepayment.

  • The Company is not liable for delays due to part availability or manufacturer defects.

TWENTY – GENERAL

  • Changes to terms must be in writing.

  • Notices are valid via mail or email.

  • Sales are governed by the state laws of delivery.

  • Invalid clauses do not affect the rest.

  • Website materials may not be used commercially without consent.

TWENTY-ONE – APPROVAL FOR FINAL WORKS

  • TIG is not responsible for errors after client approval.

  • Final email approval is binding.

  • No refunds or reprints due to client oversight after approval.

DEFINITIONS

  • Company: The Independent Group ABN 66374539904 and its related parties.

  • Customer: Anyone requesting goods under these terms.

  • GST: Goods and Services Tax as defined by law.

  • GST Law: Refers to the A New Tax System (Goods and Services Tax) Act 1999.