THE SUMO VISUAL GROUP
WEBSITE TERMS AND CONDITIONS
Welcome to the website of The Sumo Visual Group. This website has been created for the use and enjoyment of existing and prospective clients. By accessing or using this website, you agree to do so on the terms set out hereunder. The Sumo Visual Group may amend the Terms of Use at it’s discretion and without notice by posting the amended Terms on this website and reserves the right to amend or discontinue any feature of the website. By continuing to use or access any material on this website, you confirm your agreement to these Terms of Use, as amended.
Disclaimer:
The content on this website has been prepared in good faith and whilst all care has been taken to ensure the content is current and accurate, we do not provide any guarantee or representation as to it’s currency, completeness or accuracy. The Sumo Visual Group is not responsible to any party for any loss or damage which may be incurred with the use of this website and use or reliance on associated material. This includes but is not limited to any loss suffered in connection with out of date material or the transmission of computer viruses or associated contamination.
The Sumo Visual Group website may contain links to other websites operated by third parties, which are not under our control and we can’t be held responsible for any content or warrant that they be free of computer viruses. That extends to any software that is available to download through these links, which we provide no warranty and give no endorsement.
Privacy:
The Sumo Visual Group recognises the privacy of its clients and will not actively collect personal or sensitive data from visitors to our website. We will only collect information from clients who choose to register for online services and confirm that that those personal details will not be divulged to any third party for commercial purposes. We further state that we cannot take any responsibility or warrant the practices of any third party links that may be contained in our website.
Copyright:
The company confirms that all information, images and content contained in this website are protected by relevant copyright laws. The Sumo Visual Group confirms that it is either the copyright holder or has gained permission from the copyright holders to reproduce this material. No material on this website can therefore be reproduced or used without the permission of The Sumo Group.
Trading Terms and Conditions:
- Quotations
All quotations are based on printed, typewritten, electronic or other good copy acceptable to The Sumo Visual Group. The quotation is an interpretation of the customer’s instructions, both written and verbal. Customers are therefore advised to carefully check quotations before accepting them. For the purpose of these terms of trade, “quotations” includes “estimates.”
- Acceptance
The quotation will lapse if not accepted within 30 days.
- GST
The Sumo Group will charge GST as specified in the relevant legislation.
- Variations/Alterations
All quotations are based on the conditions and specifications in the quotation and cover all work and materials required to complete the order. Any variation or alteration to the specifications, copy, and/or layout supplied by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.
- Experimental and/or Creative work
Experimental work, preliminary sketches, samples and other creative work will be charged by The Sumo Visual Group. In the event of the project moving forward we would take these costs in to consideration of the final job.
- Colour Proofs
There is no guarantee that finished goods will exactly match colour proofs because of variations in proof preparation methods and substrate. The Sumo Visual Group will however use its best endeavours to provide a commercially acceptable finished product.
- Proof Approval
The Sumo Visual Group is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
- Customer’s Property
The Sumo Visual Group will take reasonable skill and care of the customer’s property and return it to the customer in a good condition. Where The Sumo Visual Group agrees to the storage of the customer’s property, The Sumo Visual Group will not be responsible for insurance cover unless it is agreed in writing. Unless otherwise agreed in writing, The Sumo Visual Group may dispose of any materials held twelve months following the date of the invoice.
- Electronic Images and/or Files
It is the customer’s responsibility to retain a copy of any image or file supplied. The Sumo Visual Group is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.
- Termination of Contract
Where work is cancelled by the customer, all work properly done by The Sumo Visual Group will be paid for by the customer.
- Claims
Complaints regarding finished goods must be received by The Sumo Visual Group within a reasonable time. What is a “reasonable time” will depend on the circumstances of each case.
- Illegal or Libellous Material
The Sumo Visual Group is not required to reproduce any material that is, in The Sumo Visual Group’s opinion, illegal or libellous in nature or that is in breach of any statute.
The Sumo Visual Group will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
- Labelling
No warranty is given or responsibility accepted by The Sumo Visual Group to ensure that goods produced complies with the requirements of any legislation relating to the marking and/or labelling and/or packaging of goods. Compliance with any such legislation is the customer’s responsibility.
- Release and Indemnification
By accepting these terms and conditions the customer releases and discharges The Sumo Visual Group from and against any and all claims and demands arising out of or in connection with the sale or use of any product purchased from The Sumo Visual Group for actual, punitive, exemplary, consequential or any other damages (including any loss of profits, use, goodwill, unfair competition or overhead,) whether such damages are in contract, in tort, or in any other theory, specifically including any and all claims for infringement of any kind, injury to person and/or properties.
- Deposits
A deposit may be required when an order is placed. If the order is cancelled the deposit will be applied against costs incurred. When the order has been completed, the deposit will be applied against the invoice then raised.
- Payment
Payment is due is full on delivery unless otherwise agreed in writing.
- General Lien/Romalpa Clause
The Sumo Visual Group has in respect of all unpaid debts, a general lien on all the goods delivered by The Sumo Visual Group or in The Sumo Visual Group’s possession. If after 14 days written notice a debt remains unpaid The Sumo Visual Group is entitled to enter the customer’s premises and seize the goods unpaid for and to dispose of the goods as The Sumo Group sees fit and apply such proceeds towards the debt.
General:
All rights of The Sumo Visual Group under these Terms of Use may only be waived in writing and signed by the company. These Terms of Use and your use of this website are governed by Victorian and Federal laws. Any rights not expressly granted in these Terms of Use are reserved by The Sumo Visual Group.