Terms and Conditions
- Terms:
”The Company” refers to FABRIC or FABRIC QUARTERLY a product of Fabric (WA) Pty Ltd.
“Our”, “Us” and “We” means FABRIC.
“You” or “Sponsor” or “Client” means the person, company or other organization whose order is accepted by FABRIC.
“Agency” or “Agent” means an advertising agency, PR agency or other organisation/persons looking after promotions, advertising and public relations.
“Services” means any product that is supplied by FABRIC including, advertising , editorial, online and events
- Basis of Supply:
All estimates, quotations, sponsorship agreements and other pre- contract communications by FABRIC, and any agreement entered into by FABRIC for the performance of services, are subject to these terms.
In entering into a contract with FABRIC, you acknowledge that FABRIC may enter into other contracts and obligations with sub-contractors, suppliers and other third party service providers, for the provision of services including services to you.
You agree that the contract and these terms, and the provision or supply of services, are subject to the terms, conditions and limitations agreed between FABRIC and such persons. You acknowledge and agree that the effective and timely performance of the services provided by FABRIC are subject to the performance of such sub-contractors and third parties of their own obligations to FABRIC under those contracts, and that any failure by you to perform your own obligations under the contract might expose FABRIC to financial loss or liability to such sub-contractors, suppliers and third party service providers.
Additional Services: your request for additional services must be submitted to us not less than thirty (30) working days or as otherwise specified prior to the commencement of the service being provided by FABRIC to you. All additional charges incurred are your responsibility to pay directly to the provider, and it is agreed that any additional services and the associated additional charges shall form an integral part of any contract, whether that request by you and approval from us is verbal or in writing. On approval by us of your request, we will provide you our approved service provider/s who will quote for the additional services. Payment for the additional charges arising from the additional services is to be paid to the provider in accordance with their terms and conditions.
The price of the services quoted by FABRIC are exclusive of any Goods and Services Tax.
FABRIC may, by giving notice to you at any time, adjust the price of services, which is due to any change to the services, requested by you and agreed to in writing by FABRIC, resulting an increase or decrease in price based on the change.
In the case where the contracted service is cancelled by FABRIC, the company’s liability is limited to any fee that the client has paid and any additional costs incurred by the client directly associated with the preparation of the service.
- Payment:
Subject to any special terms agreed in writing between FABRIC and you, payment terms are as stated in the company’s TRADING TERMS
All additional charges that are not part of quotation fee for services will be invoiced separately by the provider, e.g photography, artwork, curated space hire, additional lighting/power, catering and any other expenses arranged through FABRIC, and are payed according to the conditions of the supplier.
- Your Obligations:
You agree to pay all sums due to FABRIC under the agreement at the times and manner provided for in the TRADING TERMS, and to pay any fees charges by third party providers according to their terms.
You are responsible for submitting all materials, artwork and photography to FABRIC before the due date specified as part of the contract. All materials, artwork and photography must be submitted to FABRIC in the format required by FABRIC
To act responsibly and prudently in the receipt and enjoyment of the services and to comply with all applicable laws, licenses and regulations governing the service, including all advice and instructions provided by FABRIC from time to time;
Cooperate fully with FABRIC in the preparation and provision of the services, to advise sub-contractors suppliers and third party service providers immediately of any problems or concerns as they arise and to keep FABRIC fully informed as to any matter which may affect the performance by FABRIC of the services.
Be responsible for and indemnify FABRIC fully in respect of any cost, claim, liability or expense suffered by FABRIC as a result of any breach of your obligations under this clause or in respect of any negligence, act, default or omission of any of your agents, employees, Sponsors and other third parties or guests invited to take part in or enjoy the services.
Arrange and maintain reputable insurance for workers and workplaces;
At all times, ensure the responsible service of alcohol.
- FABRIC’s Obligations:
FABRIC agrees to:
Use its reasonable endevours to provide services to you in manner and at times stated in proposals and agreement, for the price indicated in the contract;
Cooperate fully with you in the preparation and provision of services, to advise you of any problems or concerns as they arise, and to keep you fully informed as to any matter which may affect the performance by FABRIC;
Sub-contract or delegate the provision or part of the services only to reputable sub-contractors, agents and suppliers;
Provide to you, on request, copies of any policies of insurance carried by sub-contractors, agents, suppliers and service providers.
- Warranties and Liability:
FABRIC shall not be liable for any loss, costs, claims, damages or expenses arising from any instructions supplied by the client or on the client’s behalf which are incomplete, inaccurate, illegible, late in arriving or fail to arrive, or arising from any other act or omission on the client’s part.
FABRIC shall not be liable to the client by reason of any representation, negligence, any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect or special loss or damage (whether for loss of pro t, loss of trade, damage to goodwill, damage to physical property or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the provision of the services. Except in respect of:
(i) death or personal injury caused by FABRIC’s negligence; or
(ii) fraudulent misrepresentation; or
(iii) in the case of willful default.
In the event that, not-withstanding the provisions of this clause, FABRIC is found liable for any such loss, damage, costs, claims or expenses suffered by the client, the entire liability of FABRIC shall in no event exceed the price of the services. If the client is a consumer, the client’s statutory rights are unaffected by these provisions.
FABRIC shall not be liable to the Sponsor for any direct or indirect costs, claims, damages, expenses or other claims or compensation whatsoever in respect of any misrepresentation, negligence, misstatement, default, act or omission by any sub-contractor, supplier or other third party service provider who is retained by FABRIC in the provision of services.
FABRIC reserves the right to change or cancel any dates mentioned in these terms and conditions at any time. In this case, FABRIC will notify all clients of any changed or cancelled dates.
Each client is responsible for organizing their own insurance and authorizations for any contracted service. Where relevant to the service, a copy of the certificate of currency for public liability must be given to FABRIC together with returned signed contract. Each client is also responsible for checking the coverage of their cover with their insurer.
Force Majeure: any delay or failure in the performance by either party here under shall be excused if and to the extent caused by the occurrence of a Force Majeure. For these purposes, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including acts of God, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, other than those of Seller or its suppliers, that prevent Seller from furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of the party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Agreement.
All artwork created by FABRIC remains the property of FABRIC Design unless otherwise agreed upon.
- Laws:
These Terms & Conditions in this contract shall be governed in
accordance with the laws of the State of Western Australia. You shall comply with all Acts of Parliament, Regulations, Rules, by-laws and Ordinances (“Laws”) relating to any service and the conduct of FABRIC and you are responsible for and indemnify us for any breach of Laws.
Privacy Policy
FABRIC (WA) Pty Ltd may collect data from the client in order to provide a service.
This information will only be used by FABRIC to provide this service and will under no circumstances passed to any third party without the express written permission of the client
Trading Terms
In all cases, payment is to be made by bank transfer to our designated bank account. Proof of the transfer must immediately be emailed to
Fabric prices are quoted EXCLUDING GST
- Advertising: 50% payment at the time of booking, the balance is required at the time of approved artwork. Typically, this will be latest 7 days before print. Failure to make the payment on time will result in the advertisement being rejected from the publication. Strictly no exceptions will be made. Should this occur, the Company is not liable for any costs that the client may have incurred in preparation, no refunds will be made.
- Original Content Features: 50% of the payment is required at the time of booking. The client will be given a draft of the copy and will have the opportunity to make maximum of two changes at no charge. Payment for the balance is required at the time the copy is approved by the client. Fabric will give the client the rights to the content for their own use, however, they cannot release ANY aspect of the article until AFTER the release of the publication. Failure to make the payment on time will result in the insertion being rejected from the publication. Strictly no exceptions will be made. Should this occur, the Company is not liable for any costs that the client may have incurred in preparation, no refunds will be made.
- Online: 50% of the payment is required at the time of booking, the balance is required at the time artwork is approved. Typically, this will be latest 7 days before publication. Failure to make the payment on time will result in the advertisement being rejected from publication. Strictly no exceptions will be made. Should this occur, the Company is not liable for any costs that the client may have incurred in preparation, no refunds will be made.
- Boutique Events: Payment in full of the quoted fee is to be made no later than 60 days prior to the scheduled event date. There will be no refund if cancellation is done by the client. In the case of cancellation, the company is not liable for and costs incurred by the client, no refunds will be made.
- Main Events: Payment in full of the quoted fee is to be made latest 60 days prior to the event date. There will be no refund if cancellation is done by the client. In the case of cancellation, the company is not liable for and costs incurred by the client, no refunds will be made.
- Time line: The client will be supplied with a quotation for service, a booking form and our terms and conditions. The client is required to sign as acceptance of the offer of service and agreement to the terms and conditions. On receipt of the signed booking form FABRIC will forward the client an invoice, payment is required in accordance with the terms of service previously stated.