Terms & Conditions

These Terms and Conditions apply to the supply of all design and print services (and any related or incidental services) (Services) by Two Olives Design & Print (ABN 64 220 504 231) to the customer requesting the Services (or otherwise named in the Work Order, if any) (You).

These Terms and Conditions, together with any Work Order and/or invoice(s) issued by Two Olives relating to the Services (collectively, Agreement) contain and are deemed to be a conclusive record of the entire agreement and understanding between You and Two Olives Design & Print with respect to the supply of Services.

By requesting Two Olives Design & Print to provide You with the Services You indicate your acceptance of this Agreement and agree to be bound by its terms.

  1. Service Delivery

    1. Two Olives Design & Print will provide You with the Services in the manner described on its website or in the Work Order (if any).

    2. You must provide Two Olives Design & Print with all instruction, information and materials (eg – logo files, brand guidelines etc) reasonably necessary for Two Olives Design & Print to carry out the Services (Customer Materials).

    3. You grant Two Olives Design & Print a non-exclusive, royalty-free licence to use the Customer Materials to provide the Services (Customer Licence). You represent and warrant that use by Two Olives Design & Print of the Customer Materials in accordance with the Customer Licence will not infringe any third party rights (including intellectual property rights).

  2. Fees and payment

    1. You must pay Two Olives Design & Print the fee for Services specified on its website or in the Work Order (Fee). The Fee is payable in accordance with the payment terms specified on Two Olives Design & Print’s website or in the Work Order, or otherwise as specified in Two Olives Design & Print’s invoice. The Fee is payable even if You do not utilise the outputs of the Services (Deliverables), or if You terminate or suspend the Services prior to completion.

    2. If You fail to pay any amount owing to Two Olives Design & Print by the due date for such payment, Two Olives Design & Print may suspend provision of the Services until such amount is paid in full, revoke any licence to use the Deliverables, and/or charge interest on the amount outstanding at the rate of 10% per annum (calculated from and including the date on which the payment became due until the date on which the payment is made), which interest is payable on demand.

    3. Unless otherwise expressly stated, all amounts payable under this Agreement have been calculated without reference to GST. If Two Olives Design & Print is or will be required to pay GST under the A New Tax System (Goods and Service Tax) Act 1999 (GST Act) in respect of any supply made to You under this Agreement, the prices in respect of those supplies will be increased by an amount equal to the amount of GST Two Olives Design & Print is or will be required to pay (ignoring any input tax credits) under the GST Act.

  3. Intellectual Property

    1. On the later of the date that: (i) Two Olives Design & Print provides You with the Deliverables; and (ii) You pay the Fee in full (or the final instalment of the Fee); Two Olives Design & Print grants You a royalty-free, perpetual (subject to this clause), non-exclusive licence to use the Deliverables (and the intellectual property rights in the Deliverables) for the sole purpose for which the Deliverables were created for You (Licence).

    2. Two Olives Design & Print may terminate the Licence (by notice to You) if You fail to pay any amount owing to Two Olives Design & Print by the due date for payment of that amount. If the Licence is terminated in accordance with this clause, from the date of termination of the Licence You will have no right to use the Deliverables (and must immediately cease all use of the Deliverables). Two Olives Design & Print may agree in writing to reinstate the Licence upon payment in full of all amounts owing to Two Olives Design & Print.

  4. Liability

    1. To the maximum extent permitted by law, Two Olives Design & Print is not liable to You or to any other person for any:
      i) any loss, damage or delay to Deliverables while in transit to You;
      ii) any indirect, incidental, special or consequential loss or damage, loss of profits (or anticipated profits) or business or business opportunity, loss of data, damage to goodwill or reputation, or the outcomes of any use of the Deliverables;
      iii) or any loss or damage caused or contributed by: (A) any errors (including spelling errors and colour codes) in any Deliverables if the error was including in any proofs/artwork that were approved by You or Your personnel, or was otherwise included in Company Materials when provided to Two Olives Design & Print; (B) any variation in any colour of a CMYK printed Deliverable from an RGB display of that CMYK colour model (and You acknowledge that comparisons between RGB prints and CMYK prints can be difficult because the colour reproduction technologies and properties of each are very different, and there is no simple or general conversion formula that converts between RGB and CMYK); (C) downtime of any of Two Olives Design & Print’s or any third party’s servers; or (D) malicious damage or interference to a computer system or website (including a computer system or website that constitutes a Deliverable) by any person, including mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

    2. To the maximum extent permitted by law, the maximum aggregate liability of Two Olives Design & Print for all claims made by You in connection with this Agreement for losses, damages or costs (Losses), regardless of how they arise (including liability for breach of contract or negligence), is limited to the amount actually paid by You to Two Olives Design & Print in respect of the Services to which the Loss relates.

    3. Two Olives Design & Print is not liable for any failure to perform or delay in performing its obligations under this Agreement if that failure is due to anything beyond Two Olives Design & Print’s reasonable control, or Your failure or delay to perform any of Your obligations under this Agreement.

    4. Any representation, warranty, condition, guarantee or undertaking that would be implied into this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law, provided that nothing in this Agreement excludes, restricts or modifies any warranty, consumer guarantee, right or remedy conferred on You by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

  1. General

    1. Two Olives Design & Print may sub-contract or otherwise engage another party to perform or discharge any, or all, of its obligations under this Agreement provided that Two Olives Design & Print will be liable for the acts and/or omissions of such sub-contractors in their provision of the services and performance of the obligations as if Two Olives Design & Print had committed such acts and/or omissions.

    2. You agree that Two Olives Design & Print may market and promote that it was the author of the Deliverables, including by publishing the Deliverables (and/or a link to the Deliverables) on its website (as a portfolio piece), and entering the Deliverables into design competitions.

    3. This Agreement may not be amended or varied unless agreed in writing by You and Two Olives Design & Print.

This Agreement will be governed by and construed in accordance with the laws in force in the State of Queensland, Australia and each party submits to the exclusive jurisdiction of the courts of that State.