Terms and Conditions
Before we design together, we want you to know more...
We enjoy working with our clients because we like to develop a good relationship with you, by being honest, transparent and, well, we'd like you to be informed. We've found the best way to achieve this is to be clear about what to expect from each other in the form of Terms and Conditions.
Here are our Terms and Conditions, drafted by a lawyer, but not full of jargon. Please take a moment to read over these guidelines because we want you to know how our design relationship will progress and also to know there is a method behind the arty-la-la side of design. These things include important information about copyright on materials you provide us, and our products we provide. Also, how we charge for our services, payment timelines, late fees, or even adding work that is initially out of scope from the initial design request.
Please take a moment to sink your teeth into this. It's 5 minutes worth spending, and we're here to answer any questions you may have.
The CreatEve Design Team.
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by CreatEVE Design PTY LTD (hereinafter referred to as CreatEVE Design) and in the event of any dispute are governed by the laws of Australia.
All work is carried out by CreatEVE Design on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by CreatEVE Design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of CreatEVE Design, unless specifically agreed in writing.
At the time of the design proposal, CreatEVE Design will provide the customer with a digitally written estimate or quotation by email via our Dubsado Client Portal. These Terms and Conditions can be read at any time on the CreatEVE Design website, or by logging into the Client Portal.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to CreatEVE Design via our Dubsado Client Portal. You do not need to print this invoice. All invoices are hosted inside your client portal and can be referred to anytime during our contract.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the CreatEVE Design Terms & Conditions are the governing terms and conditions for the project only and not any conditions on the customer’s purchase order.
Charges for design services to be provided by CreatEVE Design will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. The client is required to advise CreatEVE Design about the documents requires, resolution and proportions/size. Files supplied to the Client will not be editable unless otherwise agreed. Templates designed by CreatEVE Design are to remain unedited however, the client may add further content to the templates as is the purpose and intention of providing templates. The original design should not be altered, only added to.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval via Dubsado (our client management system otherwise known as your client portal) to CreatEVE Design.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment charge of 10% of the remaining amount owed, plus a 5% interest charge on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card via Stripe.
Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail.
Publication and/or release of work done by CreatEVE Design on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of $50 AUD per returned cheque. CreatEVE Design reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. CreatEVE Design shall be entitled to remove CreatEVE Design‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, designs digital and print, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all CreatEVE Design‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to CreatEVE Design for inclusion in the customer’s design project or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by CreatEVE Design on behalf of the customer, will remain the property of CreatEVE Design and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from CreatEVE Design, the necessary permission to use materials (for which CreatEVE Design holds the copyright) in forms other than for which it was originally supplied, and CreatEVE Design may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not CreatEVE Design.
By supplying images, text, or any other data to CreatEVE Design, the customer grants CreatEVE Design permission to use this material freely in the pursuit of the design.
Should CreatEVE Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, conference, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow CreatEVE Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold CreatEVE Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that CreatEVE Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by CreatEVE Design, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of CreatEVE Design and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
CreatEVE Design will not be held responsible for any and all damages resulting from such claims.
CreatEVE Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CreatEVE Design responsible for any such loss or damage.
Any claim against CreatEVE Design shall be limited to the relevant fee(s) paid by the customer.
The client agrees to CreatEVE Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Glazier Design in electronic format as standard text (.txt), MS Word (.docx) via the Dubsado Client Management software Client Portal.
Images which are supplied in an electronic format are to be provided in a format as prescribed by CreatEVE Design via Dubsado Client Management software Client Portal. Images must be of a quality suitable for use without any subsequent image processing, and CreatEVE Design will not be held responsible for any image quality which the client later deems to be unacceptable.
CreatEVE Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images
Design Project Duration
Any indication given by CreatEVE Design of a design project’s duration is to be considered by the customer to be an estimation. CreatEVE Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by CreatEVE Design for the initial payment or by date confirmed in writing by CreatEVE Design.
Rights of Access for Social Media Management
The client agrees to allow CreatEVE Design all necessary access to computer systems and other locations, as required, in order to complete social media management projects and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow CreatEVE Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply CreatEVE Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
CreatEVE Design considers the design project complete upon receipt of the customer’s signed Approval form. Other services such as printing, animation, publishing, photography, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
The customer also agrees to allow CreatEVE Design to place websites and other designs, along with a link to the client’s site on CreatEVE Design’s own website for demonstration and self promotion purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
CreatEVE Design will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant Australian advertising standards authorities. CreatEVE Design also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that CreatEVE Design does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow CreatEVE Design to remove the contravention without hindrance, or penalty. CreatEVE Design is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact or via the Client Portal, however, following this, CreatEVE Design will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by CreatEVE Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
CreatEVE Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CreatEVE Design will not be held responsible for any and all damages resulting from products and/or services it supplies. CreatEVE Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold CreatEVE Design responsible for any such loss or damage. Any claim against CreatEVE Design shall be limited to the relevant fee(s) paid by the customer.
CreatEVE Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. CreatEVE Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. CreatEVE Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by CreatEVE Design, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and CreatEVE Design.