Terms & Conditions for working with Wide Open Co.
Last revised 20 May 2026
These Terms & Conditions apply to all design, branding, creative, illustration, print, digital, website, production, consulting and related services supplied by Wide Open Co Pty Ltd ATF Wide Open Co Unit Trust ABN 25 371 298 898, trading as Wide Open Co (Wide Open Co, we, us or our) to any client (client, you or your).
These Terms apply together with any quotation, proposal, estimate, invoice, scope of work, project schedule, written brief, written variation or other written agreement between Wide Open Co and the client.
If there is any inconsistency between these Terms and a quotation or proposal issued by Wide Open Co, the quotation or proposal will apply to the extent of that inconsistency.
All quotations and proposals are valid for 28 days from the date of issue unless stated otherwise.
A quotation or proposal may be accepted by the client in any of the following ways:
By accepting a quotation or proposal, or by otherwise using our services, the client agrees to be bound by these Terms.
Wide Open Co may decline to commence work until any required deposit, written approval, brief, content, access credentials or other project materials have been received.
The scope of work is limited to the goods, services and deliverables expressly described in the relevant quotation, proposal, estimate or written agreement.
Unless expressly included in writing, a quotation does not include:
Wide Open Co may charge additional fees for work outside the agreed scope.
The client is responsible for providing all information, content, instructions, approvals, materials, access credentials, feedback and decisions required for the project to proceed.
The client must ensure that all materials supplied to Wide Open Co are accurate, complete, lawful and suitable for the intended purpose.
This includes, where relevant:
Wide Open Co is not responsible for checking the legal, regulatory, trade mark, copyright or industry compliance of client-supplied materials unless expressly agreed in writing.
The client indemnifies Wide Open Co against any claim, loss, cost, damage, liability or expense arising from materials, instructions or approvals supplied by the client, including claims relating to copyright, trade marks, defamation, privacy, misleading or deceptive conduct, unlawful content, inaccurate information or lack of permission.
Any project timing or delivery estimate given by Wide Open Co is an estimate only, unless expressly confirmed in writing as a fixed deadline.
Project timing may be affected by matters outside Wide Open Co’s control, including delayed client feedback, incomplete content, changes to scope, supplier delays, printing or production delays, illness, technical issues, third-party platform issues or events beyond our reasonable control.
If the client delays providing feedback, approval, payment, content, access or instructions, project timeframes may be extended accordingly.
Wide Open Co is not liable for delay caused by the client, a third-party supplier, a third-party platform, or any event beyond our reasonable control.
Unless otherwise stated in the quotation, the quoted fee includes only the work and revision rounds expressly described in the quotation.
A revision means a reasonable change or refinement to work already presented, within the agreed brief and creative direction.
A revision does not include:
Wide Open Co may charge additional fees for revisions or services outside the agreed scope, including work requested after approval of a project stage.
Where practical, Wide Open Co will advise the client before undertaking additional chargeable work. However, where the client requests changes, additions or urgent work and it is clear that the work is outside scope, Wide Open Co may charge for that work at its usual hourly or project rates.
Wide Open Co prepares work with care, but the client is responsible for reviewing all work before approval, publication, printing, production, installation or release.
The client must check all proofs, drafts, mock-ups, artwork, files and deliverables carefully. This includes checking:
Approval may be given by email, written message, project-management system, signature, payment, verbal instruction confirmed by conduct, or any other clear instruction to proceed.
Once the client approves work, Wide Open Co is not responsible for errors, omissions, inaccuracies, design issues, production issues or additional costs that could reasonably have been identified during proofing.
If the client requests corrections or changes after approval, Wide Open Co may charge additional fees and any third-party costs incurred.
The client may engage Wide Open Co on a fixed-fee, estimate, retainer, hourly-rate or time-spent basis, as set out in the relevant quotation or proposal.
Unless otherwise agreed in writing, new clients may be required to pay a deposit before work begins. Existing clients may also be required to pay a deposit or staged payments depending on the nature, value or timing of the project.
Wide Open Co may invoice:
All invoices must be paid by the due date stated on the invoice. If no due date is stated, invoices are payable within 28 days of issue.
Wide Open Co may withhold final files, source files, printed goods, website launch, transfer of intellectual property rights, publication, delivery or further services until all outstanding amounts have been paid in full.
Payment may be made by the payment methods accepted by Wide Open Co at the time of invoicing.
If an invoice remains unpaid after the due date, Wide Open Co may:
Accounts that remain outstanding for 28 days after the due date may incur an administrative charge of 3% per month on the outstanding amount, or another amount permitted by law.
If a payment is dishonoured, reversed or returned, the client must reimburse Wide Open Co for any bank, merchant, administrative or recovery costs incurred.
The client may cancel or postpone a project by giving written notice to Wide Open Co.
If a project is cancelled, postponed or placed on hold, the client must pay for:
Any deposit already paid may be applied against amounts owing. If the work completed and costs incurred exceed the deposit, the client must pay the balance by the due date on the invoice.
If a project is inactive for 28 days or more because the client has not provided feedback, approval, payment, content, access or instructions, Wide Open Co may invoice for work completed to date and may place the project on hold.
If the project recommences later, Wide Open Co may revise the quotation, project schedule, fees or availability before recommencing work.
Unless otherwise agreed in writing, Wide Open Co retains ownership of all intellectual property rights in all concepts, ideas, strategy, sketches, drafts, preliminary work, working files, source files, unused designs, rejected designs, design systems, processes, methods, know-how, templates and other material created or developed by Wide Open Co.
Only the final approved deliverables expressly included in the quotation are supplied to the client.
Subject to full payment of all amounts owing, Wide Open Co grants or transfers to the client the rights in the final approved deliverables required for the client to use those deliverables for the purpose described in the quotation.
Unless expressly agreed in writing, the client does not receive ownership of or rights to:
All other designs, concepts and creative work remain the property of Wide Open Co and may be reused, adapted or repurposed for other projects, provided that Wide Open Co does not disclose the client’s confidential information.
The client is responsible for registering, protecting and enforcing any trade marks, business names, domain names or other legal rights associated with the work, unless Wide Open Co expressly agrees in writing to assist with that process.
Source files and working files are not included unless expressly stated in the quotation.
Source files and working files may include, for example, InDesign, Illustrator, Photoshop, Figma, Canva, layered, editable, packaged, native, development or production files.
Wide Open Co may agree to release source files or working files at its discretion, subject to:
Where source files are supplied, Wide Open Co is not responsible for the client’s or any third party’s later use, editing, alteration, corruption, output, production or management of those files.
Supplying source files does not transfer ownership of Wide Open Co’s underlying processes, know-how, templates, unused concepts, methods or pre-existing intellectual property unless expressly agreed in writing.
By supplying text, images, logos, fonts, files, data, instructions or other materials to Wide Open Co, the client warrants that it has the right to use those materials and to authorise Wide Open Co to use them for the project.
The client is responsible for obtaining all permissions, licences, approvals and clearances required for client-supplied materials and for the intended use of the final deliverables.
This includes copyright permissions, trade mark permissions, moral rights consents, talent releases, location releases, privacy consents, stock image licences, font licences and any industry-specific approvals.
Wide Open Co is not responsible for verifying whether client-supplied materials infringe third-party rights or comply with the client’s legal obligations unless expressly agreed in writing.
The client indemnifies Wide Open Co against any claim arising from client-supplied materials, client instructions, client approvals or the client’s use of the deliverables.
Where Wide Open Co arranges or coordinates printing, fabrication, installation, photography, copywriting, development, hosting, mailing, delivery or other third-party services, those services may be subject to the relevant supplier’s own terms, conditions, limitations and tolerances.
The client acknowledges that print and production outcomes may vary due to materials, stock, finishes, machinery, colour profiles, screen display, environmental conditions, supplier processes and other factors outside Wide Open Co’s control.
Unless otherwise agreed in writing, Wide Open Co is not liable for:
If an exact print quantity is required, the client should discuss this with Wide Open Co before production begins. Additional quantities, reprints or corrections may incur additional costs.
Where Wide Open Co supplies website, digital, email, hosting, domain, software, plug-in, automation or online services, the client acknowledges that those services may depend on third-party platforms, providers and technologies.
Unless expressly agreed in writing, Wide Open Co is not responsible for:
Ongoing support, maintenance, hosting, updates, backups, monitoring and troubleshooting are only included if expressly stated in the quotation or agreed in writing.
Unless the client requests otherwise in writing before publication, the client agrees that Wide Open Co may:
Wide Open Co will not intentionally disclose the client’s confidential information in portfolio or promotional use.
If the project is confidential or embargoed, the client must notify Wide Open Co in writing before the project begins or before the relevant work is published.
Each party must keep the other party’s confidential information confidential and must not disclose it except as required for the project, with consent, to professional advisers, to contractors or suppliers who need the information for the project, or as required by law.
Wide Open Co may provide relevant client information to contractors, suppliers or service providers for the purpose of supplying services to the client, provided those parties are expected to treat the information confidentially.
Wide Open Co will take reasonable care with personal information supplied by the client. The client is responsible for ensuring that any personal information it supplies to Wide Open Co has been collected and shared lawfully.
To the maximum extent permitted by law, Wide Open Co is not liable for indirect, consequential, special or economic loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, business interruption, or any loss arising from delay, error, omission, non-delivery, third-party supplier issue, platform issue, client approval or client-supplied material.
To the maximum extent permitted by law, Wide Open Co’s total liability in connection with a project is limited to the fees paid by the client to Wide Open Co for the relevant goods or services giving rise to the claim.
Wide Open Co does not exclude, restrict or modify any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
Where liability cannot be excluded but can be limited, Wide Open Co’s liability is limited, at Wide Open Co’s option, to resupplying the relevant services or paying the cost of having the relevant services supplied again.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that the client may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.
These Terms are intended to apply only to the extent permitted by law.
If a dispute arises, the parties agree to first attempt to resolve the dispute in good faith by discussion or written communication.
A party raising a dispute must provide enough information for the other party to understand the issue and respond.
Nothing in this clause prevents Wide Open Co from taking steps to recover unpaid fees, suspend work, withhold files or enforce its intellectual property rights.
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the courts of Victoria, Australia and any courts entitled to hear appeals from those courts.
Wide Open Co may update these Terms from time to time.
The version that applies to a project is the version referred to in the relevant quotation, proposal or written agreement, or the version available on Wide Open Co’s website at the time the client accepts the quotation, instructs Wide Open Co to proceed or otherwise engages Wide Open Co’s services.
Wide Open Co recommends that clients keep a copy of the Terms that apply at the time of accepting a quotation.
