Standard Terms & Conditions – Client Services

IMPORTANT:  ALL FEES SUBJECT TO FINAL CONFIRMATION.

FEES MAY BE ADJUSTED TO REFLECT PGK/USD OR PGK/AUD FOREIGN EXCHANGE PERFORMANCE.

CONCEPT DESIGN & DEVELOPMENT REQUIRES CLIENT COMMITMENT TO PROVIDE COMPREHENSIVE AND TIMELY FEEDBACK VIA AN AUTHORISED REPRESENTATIVE.  IN THE EVENT THAT PROJECT COMPLETION ESTIMATES ARE SIGNIFICANTLY DELAYED (IE. 30 DAYS) BY CLIENT RESPONSE-TIMES; VERGE RESERVES THE RIGHT TO READJUST FINAL INVOICE(S) ACCORDINGLY.

TWO (2) DESIGN/EDIT REVISIONS ARE INCLUDED IN FEES QUOTED UNLESS OTHERWISE CONFIRMED BY VERGE IN WRITING.  ADDITIONAL REVISIONS OR EXPEDITED WORK ATTRACT EXTRA CHARGES, BUT AS MUCH AS PRACTICABLE, WILL BE ADVISED BEFORE COMMENCEMENT.  ADDITIONAL EDITS/REVISIONS ARE REQUESTS BY CLIENT TO AMEND ANY DELIVERABLE PRIOR TO FINAL ARTWORK/DELIVERABLE SIGN OFF.

THE CLIENT IS ULTIMATELY RESPONSIBLE FOR THE ACCURACY AND INTEGRITY OF ALL RAW CONTENT AND INFORMATION SUPPLIED BY THE CLIENT TO VERGE. 

CHANGES TO SCOPE OF WORK REQUESTED BY CLIENT ARE SUBJECT TO NEW CHARGES.

FOR WORK RENDERED BEYOND SCOPE, A PROJECT FEE OR A BLENDED RATE MAY BE CHARGED (IE. PGK DAY RATE).

UNLESS OTHERWISE AGREED, VERGE RESERVES THE RIGHT TO UTILISE ARTWORK GENERATED FOR PORTFOLIO AND OTHER MARKETING PURPOSES.

TRANSFER OF OWNERSHIP FOR FINAL APPROVED ARTWORK IS EFFECTIVE ONLY UPON FULL SETTLEMENT OF OUTSTANDING FEES AS ACCEPTED BY VERGE. 

ALL DEVELOPMENT WORK (DRAFT DESIGNS, CONCEPTS, EDITED AND NON-EDITED PRODUCTION FILES OR ASSETS ETC) REMAIN THE PROPERTY OF VERGE.

FOR OUTSTANDING AMOUNTS THAT HAVE BEEN INVOICED AND REMAIN UNPAID, VERGE RESERVES THE RIGHT TO CHARGE INTEREST AT 12% PER ANNUM CALCULATED ON DAILY RESTS FROM THE DATE OF THE INVOICE COMPOUNDING MONTHLY UNTIL PAID IN FULL.

BOTH THE CLIENT AND VERGE ACKNOWLEDGE THAT THE EXISTENCE AND THE TERMS OF A PROJECT AND ANY ORAL OR WRITTEN INFORMATION EXCHANGED BETWEEN THE THEM BOTH IN CONNECTION WITH THE PREPARATION AND PERFORMANCE OF THE PROJECT ARE REGARDED AS CONFIDENTIAL INFORMATION.

THE CLIENT SHALL MAINTAIN CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL INFORMATION, AND WITHOUT OBTAINING THE WRITTEN CONSENT OF VERGE, IT SHALL NOT DISCLOSE ANY RELEVANT CONFIDENTIAL INFORMATION TO ANY THIRD PARTIES, EXCEPT FOR THE INFORMATION THAT: (A) IS OR WILL BE IN THE PUBLIC DOMAIN (OTHER THAN THROUGH THE RECEIVING PARTY’S UNAUTHORISED DISCLOSURE); (B) IS UNDER THE OBLIGATION TO BE DISCLOSED PURSUANT TO THE APPLICABLE LAWS OR REGULATIONS, RULES OF ANY STOCK EXCHANGE, OR ORDERS OF THE COURT OR OTHER GOVERNMENT AUTHORITIES.  DISCLOSURE OF ANY CONFIDENTIAL INFORMATION BY THE STAFF MEMBERS OR AGENCIES HIRED BY THE CLIENT SHALL BE DEEMED DISCLOSURE OF SUCH CONFIDENTIAL INFORMATION BY THE CLIENT.

FORCE MAJEURE:  IN NO EVENT SHALL VERGE BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS ARISING OUT OF OR CAUSED BY, DIRECTLY OR INDIRECTLY, FORCES BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, STRIKES, WORK STOPPAGES, ACCIDENTS, ACTS OF WAR OR TERRORISM, CIVIL OR MILITARY DISTURBANCES, EPIDEMICS AND PANDEMICS, NUCLEAR OR NATURAL CATASTROPHES OR ACTS OF GOD, AND INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMMUNICATIONS OR COMPUTER (SOFTWARE AND HARDWARE) SERVICES; IT BEING UNDERSTOOD THAT VERGE SHALL USE REASONABLE EFFORTS WHICH ARE CONSISTENT WITH ACCEPTED PRACTICES IN THE DESIGN INDUSTRY TO RESUME PERFORMANCE AS SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES.