In these conditions “the Client” means the person, firm or company who commissions the services of eBrands Pty Limited “eBrands”. By commissioning eBrands to undertake work “the project” on their behalf, the Client agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that eBrands may be contracted to produce or provide for the Client will be subject to the following:

Time limits on cost estimate

Timing and costs outlined in this proposal are valid for 30 days from the date of this proposal. Estimated amounts are subject to normal trade variance of 10%.

Commencement of work

The client agrees to provide written approval of this submission before any work is commenced, as a Letter of Agreement between the client and eBrands concerning the work outlined in this proposal.


For each project, the Client will receive an estimate outlining the project specifications and estimated fees for our time based on our current hourly rate and, where appropriate, any goods and professional services commissioned by eBrands in order to complete the project. If the project parameters change to an extent that substantially alters the specifications described in the project scope, eBrands will submit a revised proposal/estimate to you. Both parties must agree to the revised additional fees before further work proceed.

We will begin work upon the Client’s written or oral approval of the estimate and this will constitute an agreement between us. Any additional project arising out of this project will be deemed to embody eBrands’s Terms and Conditions of Trading. The Client agrees to pay eBrands in accordance with the terms specified in each proposal/estimate. Estimates are valid for only 30 days from the date on the estimate.


At project commencement 50% of the estimated project costs is paid before work can begin and all subsequent payments are payable at scheduled periods outlined in the Project Proposal/Estimate. Invoices are issued for each scheduled payment and accounts shall be paid on presentation of invoices. We reserve the right to refuse continuation of work or delivery of work undertaken until past due balances are paid. The Client shall pay eBrands’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.

Revisions, alterations and excess work

New work – any work requested that is in addition to the project scope as defined by the Project Estimate, or is a change of content, or structure/complexity – requested by the Client is a revision, alteration or excess work. Revisions and author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed in addition to the estimated costs at our standard hourly rates.

Additional work may include and is not limited to;

  • The Provision of financial feasibility or other special research studies.
  • Changes to schedules and project specifications
  • Documentation and management of additional work
  • The provision of consultant services.
  • Travel, client meetings, trips to site and subcontractor management.
  • Provision of any additional services not otherwise specified in the Scope of the Project.

eBrands shall be paid for cost disbursements incurred in the course of the project. They may include:

  • Incidental expenses incurred for the project on behalf of The Client.
  • Travelling, parking, accommodation and couriers
  • Reproducible drawings and prints as requested by The Client.
  • Mock-up proofs and dummies including the production and distribution of pdf’s.

Overtime and rushed orders

Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, our suppliers may mark up their charges in respect of work required in a hurry.

Exclusion of liability

Under no circumstances whatever shall eBrands be liable for losses special to the particular circumstances of the Client, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, eBrands’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of eBrands and Client are as set out herein.

Nature of copy and property belonging to others

The Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.

Errors and omissions

Prior to publication, it is the Client’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. eBrands is not liable for errors or omissions.

Over runs and under runs

Some printers’ terms allow delivery of over or under the quantity ordered and to charge accordingly. In such cases the Client will accept over runs or under runs that do not exceed +/- 10% of the quantity ordered and eBrands will bill for the actual quantity delivered within this tolerance.

 Placement of advertising

At your request, we will purchase media space on your behalf, which will be billed, to you at the incurred advertising rates plus our standard agency commission. Payment of the advertising media space must be paid in full at time of booking. eBrands cannot be held liable for advertising material, which does not appear on a particular time/date or issue or in a particular position or break.


It is agreed that the employees of eBrands shall not at any time either during the continuance
of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of The Client.

However, if we are aware of any information before making this agreement with you,
of if you or any other party make the information public, we are not longer obliged to keep
it confidential.

The methodology and techniques that we provide during the course of this project are confidential and you agree not to disclose this information to any outside party.

Property and suppliers performance

eBrands will take all reasonable precautions to safeguard property entrusted to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction, damage, or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed matter. Although we may use our best efforts to guard against any loss arising from the failure of our suppliers, media, or others to perform in accordance with their commitments, eBrands is not responsible for failure on their part. We cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Client or his agents.


All materials or property belonging to the Client, as well as work performed, may be retained as security until all just claims against the Client are satisfied.

Rights of ownership

eBrands will retain the copyright and intellectual property rights of all files, images, diagrams created in the course of its business and retains all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work undertaken on behalf of the Client.

The Client will have the exclusive right to reproduce any artwork, (manuals, information, material reports and other output etc), from the work provided subject to copyright conditions that may be held by other parties. Copyright and intellectual rights extend to the design proposals submitted but not taken up by the Client.

Once a project has been delivered by us and is fully paid for by the Client, eBrands will assign the reproduction rights of the design for the use(s) described in the proposal. According to copyright law, the rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators retained by eBrands, or purchased from a stock agency on behalf of the Client, remain with the individual designer, artist, photographer or illustrator.

Unless a purchase of “All Rights” (a Buyout) is negotiated on behalf of eBrands, you may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and the payment of any additional fees before proceeding. We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, brochures, presentations and website and for entry for awards. We will endeavour to store files on computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them without notice.


The Client will indemnify and hold eBrands harmless for any loss or expense (including legal fees), and agree to defend eBrands in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against the Client and any of its products and services arising from the publication of materials that we prepare and the Client approves before publication.

Force majeure

Production schedules, storage of files and property belonging to the Client will be established and adhered to by both the Client and eBrands, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or eBrands. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.


The validity and enforceability of this agreement will be interpreted in accordance with the laws of Australia but eBrands reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by eBrands to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.

Amendments to these terms and conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by the client and signed by an authorised representative of eBrands prior to the commencement of work outlined in this submission.

Ending the agreement

If the client decides to end the agreement, you agree to give us 30 days written notice and to pay all fees up to the end of the stages in progress, and all additional costs incurred up to the end date, together with any cancellation costs which will be agreed.