The below generally defines the terms and conditions between Olivia Harding (Creativia) and your business (Client) for any creative services.
Creativia endeavours to accurately scope and quote each project – which is then separated into 3 billing phases which are Quote, Progress Invoice, Final Invoice. GST is charged additionally on all services. Client agrees to pay Creativia in accordance with the scope specified in each quote. A deposit for commencement of services will be charged for all new projects, a minimum 25% of the total project cost before any work commences. Payment of the deposit constitutes an agreement of work with yourself and Creativia.
Scope of work is subject to change and will be confirmed on the final invoice. Creativia will notify Client of anticipated price/scope changes throughout the project. The amount owing on the Final Invoice must be paid within 7 days of project handover. Creativia reserves the right to refuse completion or delivery of work until past invoices are paid. Billing will reflect the actual costs incurred for the project package.
Creativia may facilitate external services that incur a hard cost (e.g. Printing, Copywriting, Premium Plugin/Theme, Software Subscriptions, Courier etc), that directly relate to your project. These out-of-pocket expenses will be charged additionally, in some cases with a small percentage markup. Fees for Creativia’s professional services generally include some external purchases such as (but not limited to): Adobe CC subscription, premium artwork assets (mockups, images, fonts etc) from Envato Elements, premium website themes and plugins etc. All relevant external expenses will be outlined on the project’s final invoice.
REVISIONS AND ALTERATIONS
New work requested by Client and performed by Creativia after a quote has been approved is considered a change to the project’s scope. If the project changes to an extent that substantially alters the specifications in the original quote, both parties must agree upon an additional fee. Alterations and any other changes requested after project completion are billed at Creativia’s standard rate of $80/hour.
OVERTIME AND DEADLINES
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of deadlines is essential to provide an accurate estimate, but can only be met with the Client’s full cooperation in regards to delivery of essential information including project related content (text, images, references etc).
ERRORS AND OMISSIONS
It is the Client’s responsibility to check PDF proofs carefully for accuracy in all respects, for any content, spelling and technical errors. Creativia is not liable for errors or omissions. Your personal confirmation is required on all project artworks prior to release for printing, publishing etc.
PROPERTY AND SUPPLIER’S PERFORMANCE
Creativia will take all reasonable precautions to safeguard the property you entrust. However, she is not responsible for loss, destruction or damage or unauthorized use by others of such property. Client agrees to exercise due diligence regarding preparation of materials and must be able to substantiate all claims and representations. Client is responsible for all trademark, copyright and patent infringement clearances.
RIGHTS OF OWNERSHIP
Once payment of final invoice has been processed, all final designs will be handed over to the Client. Creativia reserves the right to photograph, distribute and/or publish promotional and marketing needs for any work created (including mock-ups, final works, presentations etc) as samples for her portfolio, website, newsletter, brochures, presentations and similar media. Creativia is not liable for any third party copyright infringement. According to the Copyright Law of 1976, the rights to all original concept designs and project artwork is retained by Creativia – with only the final files and concepts to be transferred to the Client’s ownership.
TERM AND TERMINATION
Any request to halt work must be made in writing via email – cost will be decided on a case-by-case basis as needed, according to work undertaken so far and handover options. Creativia is happy to facilitate extenuating circumstances with due notice. The terms of this working agreement will continue until terminated by either parties with fourteen (14) days written notice. If you should direct at any time to cancel, terminate or “put on hold” any previously authorized purchase, Creativia will endeavour to promptly adjust for any cost until notification date. Client will hold Creativia harmless for any loss or expense due to termination. Upon termination of this agreement, Creativia will transfer to Client all property and materials which have been paid for.
Production schedules will be established and adhered to by both Client and Creativia, provided that neither shall incur any liability, penalty or additional cost due to delays or causes beyond the control of the Client or Creativia. Where the Client does not adhere to production schedules, the final delivery date or dates will have to be adjusted accordingly.
The validity and enforceability of this agreement will be interpreted in accordance with Australian State and Federal Laws. This agreement is Creativia’s entire understanding and may not be modified in any respect except in an executed agreement.
Please don’t hesitate to get in touch if you have any questions.