1. Agreement and priority
By using this website you agree to these terms. Services are supplied under a written quote, proposal, statement of work or agreement. If project-specific terms conflict with these website terms, the project-specific terms prevail.
2. Website information
Website content is general information and is not engineering, manufacturing, legal, financial or other professional advice. Capabilities, materials, availability, lead times and indicative pricing may change. A binding commitment arises only when Enigmatic Designs accepts a project in writing.
3. Quotes, scope and changes
Quotes are valid for the period stated and depend on the assumptions, inputs and scope described. Additional work, changed requirements, unsuitable source files, unexpected object condition, reshoots, travel, expedited delivery and third-party costs may require a variation. Variations require approval and may affect fees and timing.
4. Client responsibilities
Clients must provide timely, accurate and lawful instructions, access, files, approvals and materials. Clients warrant that they have authority to provide all objects, designs, brands, images, personal information and intellectual property supplied for the project. Hazardous, unlawful or unsafe items may be refused.
5. Prototypes, tolerances and intended use
Prototypes and 3D prints are development outputs unless expressly certified otherwise. Appearance, dimensions, colour, surface finish and material behaviour may vary by process. Outputs must not be used for safety-critical, medical, structural, regulated or production applications unless that use and applicable verification are expressly agreed in writing.
6. Fees and payment
Fees, deposits, milestones, expenses, GST and payment dates will be set out in the applicable proposal or invoice. Unless otherwise agreed, work may be paused for overdue amounts and final high-resolution, production or editable deliverables may be withheld until payment is received.
7. Intellectual property
Each party retains ownership of material it owned before the project. Enigmatic Designs retains its methods, tools, templates, know-how and working materials. Ownership or licensing of project deliverables will be specified in the project agreement and may be conditional on full payment. No website content or portfolio material may be copied or reused without permission except as permitted by law.
8. Confidentiality and portfolio use
Confidential information will be handled with reasonable care and used for the project. Stronger or project-specific confidentiality obligations should be recorded in a signed agreement. We will not publish confidential client work. Any portfolio use will be subject to agreed permissions and embargoes.
9. Third parties and delays
We may use suitable contractors, production partners and technology providers. Dates are estimates unless expressly guaranteed. We are not responsible for delay caused by client dependencies, supplier disruption, platform outages, force majeure or events beyond reasonable control, but will communicate material impacts.
10. Consumer guarantees
Nothing in these terms excludes, restricts or modifies rights, remedies, guarantees or liabilities that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
11. Liability
To the maximum extent permitted by law, Enigmatic Designs is not liable for indirect or consequential loss, loss of profit, opportunity, data, goodwill or anticipated savings. Where liability can lawfully be limited, our aggregate liability arising from a service is limited, at our option where permitted, to resupplying the relevant service or the amount paid for that service. This clause does not limit liability that cannot be limited by law.
12. Links and availability
External links are provided for convenience and do not imply endorsement. We do not guarantee uninterrupted or error-free website availability and may change or withdraw content without notice.
13. Governing law
These terms are governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales and courts entitled to hear appeals from them.
14. Contact and review
Questions may be sent to support@enigmatic-designs.biz. These generic website terms should be reviewed by an Australian solicitor against the business structure, insurance, actual contracting process and each service risk before being relied on as the sole project contract.