Seller’s Agreement
By submitting your designs to Digital Fabrics for The Designer Project, you agree to make your designs available for sale on fabric and various textile products through Digital Fabrics shop at www.digitalfabrics.com.au/fabric-shop/ and you are indicating your agreement to be bound by the terms of this Agreement.
Only designs that are selected by Digital Fabrics will be eligible to be represented in our shop.
There are no fees to be listed in the shop.
Designs submitted to Digital Fabrics for selling must be print ready design files as described in the File Requirements document.
If design file is not print-ready, we may edit, modify or adjust your design to fit our requirements where a fee to cover our time may be charged.
In order to improve printing quality, Digital Fabrics may at its discretion adjust or modify your Designs to achieve optimal results.
As part of the service we provide, you agree that we may, without payment to you, print your designs on fabrics or made into products for marketing required by Digital Fabrics such as samples, giveaways, gifts, publishing material, visual content for Digital Fabric website, social media.
By agreeing to work with Digital Fabrics, you also agree to provide accurate contact details information, your complete correct name, business name and ABN for legal entities, address, email, phone number, bank details and GST registration details.
Copyright
All designs submitted for sale to Digital Fabrics must be your original design work and not violate copyright of others.
Your copyright will remain with you, as you are the original creator of the design. You agree that Digital Fabrics may reproduce your designs subject to the terms of this Agreement for the purposes of this Agreement.
You agree that all designs submitted for sale to Digital Fabrics are your original design work and will not violate the copyright, trademark or other IP rights of any third-party.
Should any content or design found to be violating a third-party right, any commissions earned from that design/content under will be withheld at Digital Fabrics discretion and your Agreement may be terminated.
Digital Fabrics reserves the right to remove any design that we reasonably believe may violate a third-party right, is otherwise objectionable or for any reason at our sole discretion.
You must notify us immediately if you enter into any other agreement which would limit our ability to sell your designs in our shop.
You agree to indemnify Digital Fabrics against any legal costs or damages where a third party makes any copyright or intellectual property claim against us for any design you offer for sale at Digital Fabrics.
Pricing and Payment
All retail and wholesale pricing on fabrics and textile products are set by Digital Fabrics and can be changed without notice.
For all products sold that use your design, we will pay a commission on the NET Sales, less any refunds/returns/credits.
The commission amount will be calculated based on the price paid by the customer, excluding GST. The commission will vary based on the product and is listed in the commission schedule below.
You will receive a 10% discount on all fabrics purchased via the websites.
If you purchase your own fabric via the website, your commission will be reduced by the discount above, so that the total of discount and commission does not exceed the commission ordinarily due.
Digital Fabrics will not pay commission on any sales that are subject to a third-party objection asserting a violation of the copyright, trademark or other proprietary rights of any third-party unless such matter is resolved in your favour.
Commission will be paid to your nominated bank account once a month, in the first two weeks of the new month after the end of the month.
At the beginning of each month you will receive a statement showing monthly sales in your collection. You will not receive a statement in cases where no sales were recorded.
Commission made from selling designs in Digital Fabrics may be subject to taxes which you are liable for. You will not hold Digital Fabrics, its employees and directors accountable for any financial losses due to your tax obligations that may occur through selling your design at Digital Fabrics.
Privacy
Your information that we collect and store and Your privacy is very important to us. By submitting designs for sale at Digital Fabrics, you consent Digital Fabrics to use of your personal information in necessary situations such account support communication, update on policy, products or services available at Digital Fabrics via email, phone call or newsletter. We promise that we will never sell or give away your personal information to a marketing company.
Digital Fabrics does not share customer information (including email addresses) with third party companies unless it is necessary to provide our services, or required by law. This may include service providers that helps to market our products and services, surveys, contests, giveaways and product reviews.
Termination by Digital Fabrics
Digital Fabrics has may terminate this Agreement at any time without notice to you.
In case of termination any outstanding commission will be paid according to the Pricing and Payment section.
If this Agreement is terminated and Digital Fabrics is unable to contact you using the information in your account, we may also charge a termination fee equal to the unpaid commission amount in your account in order to cover the cost of administration. You hereby agree that this fee is acceptable and reasonable.
From time to time we may modify the terms of this Agreement, which you will be notified through our newsletter, if we do not hear from you within 7 days after any amendment to this Agreement shall signify your acceptance and agreement to be bound by the amended Agreement. If you ever have any questions about this Agreement, please do not hesitate to contact us at hello@digitalfabrics.com.au
Termination by You
You may terminate this Agreement at any time by providing 30 days written notice to Digital Fabrics.
In case of termination any outstanding commission will be paid according to the Pricing and Payment section.
If this Agreement is terminated and Digital Fabrics is unable to contact you using the information in your account, we may also charge a termination fee equal to the unpaid commission amount in your account in order to cover the cost of administration. You hereby agree that this fee is acceptable and reasonable.
Commission Schedule
Type of Sale | Commission Payable |
Fabric By the Metre | 20% |
Cushion Cover | 20% |
Scarf | 20% |
Bandana | 20% |
Custom product -Wholesale | 10% |