Sunshine Coast Design & Media Agency


Sierra Media Terms and Conditions

1. General Information

1.1      This website at (the ‘Site’) is a website that displays business, group or organisation information for public use. This site also contains section for ordering and purchasing goods and services from Sierra Media ABN: 30 989 695 523.

1.2      Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site

1.3      Your access and use of the Site, including ordering and purchasing of goods and services through the Site, is subject to these terms and conditions set by Sierra Media.

2. Payment

2.1      Sierra Media provides all pricing in Australian Dollars (AUD) and is currently GST exempt.

2.2      Sierra Media accepts payments from Visa or MasterCard via PayPal, PayPal and Direct Debit transfer.

2.3      Payments are due after Sierra Media has verified the order. Payment instructions including amounts and payment due dates will be supplied to the payee upon acceptance of an order. Via an agreement via verbal, digital, interactive media or by personally signing a confirmation or contract form generated by Sierra Media. This is an agreement between yourself, your business, group or organisation and Sierra Media, that any goods and services ordered are to be paid in full or part thereof. Individual cancellation fees may apply, which will be an amount of no less than 50% of the total cost is due.

2.4      An Invoice will be supplied to yourself, your business, group or organisation outlining the total cost of the goods and services and payment due dates.

2.5      All payments are to be paid by the date specified on the supplied invoice. All payments not finalized by the specified time will become overdue and a revised invoice will be issued.

2.6      10% of the original invoice will be added to your revised invoice as an overdue fee and must be paid by the revised payment date. Failure to do so the process will be repeated.

3. Links

3.1      Sierra Media site may contain links to external sites that are not operated by us. Sierra Media takes no responsibility for the content or the accuracy of the content of these sites.

4. Viruses

4.1      Sierra Media will endeavour to virus scan all files that are supplied by us to you and will not send a file which we deem suspicious.

4.2      We expect that all files supplied to us will be scanned by virus software and that you will be responsible for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise.

5. Compliance with these Terms and Conditions

5.1      You agree to bound by, and comply with, these terms and conditions by:

5.2      using the Site;

5.3      You accept the Terms and Conditions agreement through the Site and other documents created by Sierra Media.

5.4      By signing a document created by Sierra Media.

6. Changes to these Terms and Conditions

6.1      Sierra Media may at anytime update or change these terms and conditions. Sierra Media will in every way possible endeavor to inform all those that are affected. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions

7. Delivery of Products

7.1      While Sierra Media will strive to process your order as quickly as possible, Sierra Media outsources to other companies for printing and other services which may delay the process.

7.2      While we will do everything we can to ensure you are up-to-date with the progress of your order, we cannot guarantee that all information will be shared with us.

7.3      Sierra Media may use 3rd party postal and courier services, therefore delays on delivery may occur. Sierra Media is not responsible for the 3rd party companies.

8. Pricing, Fees and Charges

8.1      Sierra Media has the right to update and change the cost of products and services we offer at any time.

8.2      For all purchases that have been processed before the price changes occur, the previous price will be honored. For any order placed after the price changes the new prices will be charged.

8.3      Delivery Fees may change due to circumstances out of our control; however we will not charge you extra on existing ordered goods and services. For all new goods and services orders the new delivery fee will apply.

8.4      For any orders required to be manufactured or developed overseas, it is the responsibility of you to pay for any and all import costs such as shipping, customs duty and GST.

9. Your Obligations

9.1      For all services that have been ordered and the final outcome has been approved by you, then no changes can be made if the order has been sent to print, production or otherwise.

9.2      For all orders that need to be changed and printing, production or otherwise has commenced the original order must be paid for along with the new order.

9.3      To ensure that only you, or persons that you have authorised use your account. All information changes, charges or orders made from your account will be assumed that you have authorised them; no responsibility will be taken by Sierra Media to verify your consent.

9.4      Not to use another person’s account without their consent.

9.5      You will not make fraudulent or speculative enquiries, purchases or requests.

9.6      You will not post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings

9.7      Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code

10. Our Obligations

10.1    If an error in production has been made by Sierra Media then it is our responsibility to amend and bare the cost of reproducing.

10.2    We will do our best to inform you of any developments in regards to your order of goods and services or account information.

11. Suspension of Account

11.1    Sierra Media has the right to suspend access to the use of an account if we deem it necessary. Communication attempts will be made to the account holder prior to suspension

11.2    Suspension to an account may also occur if payments haven’t been made by the due date.

12. Termination of Account

12.1    An Account can be terminated if the account holder applies to and it is the responsibility of the account holder to inform others that have access to your account of the termination.

12.2    An Account may also be terminated if payments haven’t been made 15 days after the due payment date.

12.3    The account may be terminated if the payee is not willing to accept to pay for overdue payments of an invoice.

13. Privacy Policy and your Personal Information

13.1    Sierra Media commits to keeping your personal information safe and in accordance with our Privacy Policy and the Privacy Act.

13.2    Your personal information will only be used for the purposes inside the confines of Sierra Media.

13.3    If a 3rd party organisation requests your personal information you will be contacted by Sierra Media regarding this request.

13.4    Your personal information is secure and if you require access to your information you can contact Sierra Media.

13.5    Sierra Media is not responsible for the privacy polices stated on 3rd party sites that are linked from our site.

13.6    For the full Privacy Policy please visit the Privacy Policy section of this site.

14. Refunds and Exchanges

14.1    Sierra Media does not offer refunds on goods and services that have been made or produced from 3rd party organisations, however replacement of faulty goods will be sought on your behalf.

14.2    Sierra Media will not offer money back for issues or error that were made by you. By agreeing to the Terms and Conditions stated Sierra Media is not liable if an instance such as this is to occur.

14.3    Sierra Media will only accept responsibility for a faulty or incorrect design with proof that the information brief provided was in no way misleading.

15. Cancelling an Order

15.1    If you wish to cancel an order at any time please notify Sierra Media immediately.

15.2    If production has commenced whether just begun or near completion then at least 50% of the agreed fee must be paid. Sierra Media will supply the cost of the partially completed goods and services in an invoice.

15.3    If you wish to cancel an order that has gone to print, production or otherwise and the process has begun then the full cost must be covered by you, your business, group or organisation.

15.4    If the order is cancelled at completion of job, the full agreed amount must be paid.

16. Acceptance and Rejection of an Order

16.1    Sierra Media will view and approve all orders before commencement. Once an order has been approved and you agree to the order then you are liable to pay at least 50% of the agreed price.

16.2    Depending on the status of your order the cost of cancellation will differ. See Cancelling Order.

16.3    Sierra Media has the right to refuse an order based on reasons we may deem inappropriate or unachievable. Full contact will be made with regards to the rejection of an order.

16.4    Orders may be put on hold due to lack of information provided to Sierra Media and may affect the completion date. Sierra Media therefore takes no responsibility for incomplete orders.

17. Production of Services

17.1    Sierra Media will supply or request information critical to producing the required job. All information provided can remain confidential if required.

17.2    Once work has commenced then at least 50% of total fee is due if the order is cancelled at any time during the process. Other fees may apply depending on the status of the order. 50% of the total fee is the minimum fee charged.

17.3    Sierra Media will provide proofs of work produced, to which the ordering party will review and approve.

17.4    Sierra Media takes no responsibility for incorrect spelling, punctuation or grammar in supplied text files. It is your responsibility to ensure all design and text is to your satisfaction before accepting the design.

17.5    All proofs will be supplied in either .pdf, .jpg .doc formats for easy viewing. Other formats can be requested, but technology limitations may interfere.

17.6    Any stock images or other media essential to the design that needed to be purchased, must be repaid for by you, your business, group or organisation. Sierra Media will notify you, your business, group or organisation of any stock images or other media that are essential to the design prior to purchasing. The total amount will be shown on the invoice at the end of the design process.

18. Ownership and Copyright

18.1    All projects and images from Sierra Media are the property of Sierra Media and may not be sold, copied or reproduced without written permission from Sierra Media.

18.2    All media/content that you supply Sierra Media is your property and will only be used for purposes relevant to the supplier of the media/content. Sierra Media will not use these media/content without permission from their owner.

18.3    In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Sierra Media until such time an agreement is in place. 

Sierra Media retains full ownership of design concepts and materials it produces.

‘Finished Artwork’ files to be provided to The Client are those necessary for the intended use of the artwork.

  • For all ‘Print’ projects files will be supplied in a format suitable for high resolution reproduction.
  • For all ‘Digital’ projects files will be supplied in a format suitable for high resolution display on digital devices for the intended platform.

All ‘Raw/Working or Source Files’ remain the property of Sierra Media unless otherwise requested from The Client at the time of quoting or at an additional fee at the end of a project.

‘Finished Artwork’ is as defined as the final file for the intended use of artwork for the commissioned project.

Raw/Working or Source Files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.

Unused concepts remain the property of Sierra Media and includes design proposals and concepts submitted but not approved for the work outlined. 

Until final payment Sierra Media retains ownership of all artwork and website development. Sierra Media reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.

Sierra Media reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of Sierra Media all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. For additional usage, price will be assessed and quoted as needed.

Sierra Media reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Sierra Media in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

19. Social Media

19.1    Sierra Media has no direct connection to the social media companies. We use their services in the capacity as a customer and connecting to our customers.

19.2    Sierra Media will endeavor to filter out any crude or derogatory comments placed on social media services by other members.

20. Business, Groups or Organisation Information Displayed on Web, Print or other media/documents

20.1    Sierra Media may display business information on behalf of your business’, groups or organisations. The information presented on Web, Print or other media/documents is the information supplied by the corresponding business, group or organisation. If the information presented is incorrect or misleading, the affected party needs to communicate directly with the affecting business, group or organisation. It is not the responsibility of Sierra Media for displaying any incorrect or misleading information by business’s, groups or organisation.

21. 3rd Party Services

21.1    Sierra Media uses 3rd Party Services such as web hosting and domain name registration. The failure of these 3rd party suppliers are not the responsibility of Sierra Media. Therefore issues directly relating to services used by 3rd party suppliers will have to address to them. Sierra Media will endeavor to assist in the resolution of any issues.

Created on Monday 12th January, 2016