Creative Content Design – Online Shop Terms and Conditions
TERM AND MATERIAL DATES
Brand Packages and Personalised Content
Commencement Date: The project will commence when Creative Content Design has received payment and all pre-project material from the client.
Completion Date: Ongoing, until the work is completed, and subject to termination under the arrangements outlined in these terms and conditions
The project deliverables will be clearly outlined via email to The Client. If there are any queries about what’s included in each package, please contact us at email@example.com prior to purchase.
PAYMENT, EXPENSES, AND DELIVERABLES
(a) Payment Terms. A flat fee is stated for each package. Of this, The Client will pay Creative Content Design in full. Full payment must be paid before the final deliverables can be handed over.
(b) Urgency Fee. If an urgent turn-around time of less than 3 business days is required, we charge a ‘rush fee’ of $50 to prioritise this workflow. This service is based on availability. Please send your request by email to firstname.lastname@example.org if you require this service.
(c) Change Fee. The Client is given three chances to adjust customised designs however necessary. Once approval is received if there are any additional changes Creative Content Design will charge a ‘change fee’ of $10 per change request. Once The Client has paid and approved the final designs, the final designs become The Client’s intellectual property.
(d) Turn-around Time. The turn-around time is dependent on the size of the package chosen, current work in progress and having received all information required to complete workflow. Typical turn-around time can be up to 14 days, we will contact you if there is a delay in your workflow. Urgent turn-around based on availability = less than 3 business days, this will incur a ‘rush fee’.
(e) The Client will reimburse Creative Content Design’s expenses if there is a case where this is required. All expenses will be approved by The Client prior to purchase.
(f) Cancellation Policy. 25% of the total will be kept if the project is cancelled less than half-way through the design process. 50% of the total will be kept if the project is cancelled over half-way through the design process. The Client will reimburse Creative Content Design for any agreed-upon, non-cancellable expenses. (7 days written notice required from either party).
(g) Refund Policy. If Creative Content Design is unable to complete the job due to unforeseen circumstances, including but not limited to, accident, illness, power or internet failure, major environmental disaster, etc, Creative Content Design will refund The Client in full.
OWNERSHIP AND RIGHTS
(a) Ownership. The Client Owns All Work Product.
(b) Permitted Use By Creative Content Design. Once Creative Content Design gives the work product to the Client and is paid in full, Creative Content Design will only have rights to the work outlined here: The Client gives Creative Content Design permission to use the work product as part of Creative Content Design’s portfolio and websites, in galleries, and in other media, so long as it is to showcase Creative Content Design’s work and not for any other purpose. Creative Content Design is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
(c) Designer’s Right to use IP. The Client agrees to grant permission for the Creative Content Design to use the Client’s Intellectual Property for the sole purpose of the creation of the Deliverables and performance of the Services or part of the Deliverables.
Creative Content Design agrees not to provide work or services for a direct Competitor of the Client until this contract ends, unless the Designer obtains written pre-approval from the Client.
(a) Creative Content Design agrees to keep the Confidential Information provided to it or obtained by it pursuant to or as a result of this Agreement strictly confidential and not to disclose or divulge the same to any other person or entity except if disclosure is required by law.
(b) Both the Client and Creative Content Design agree to keep Confidential Information relating to a Third-Party provided or obtained as a result of this Agreement strictly confidential and not to disclose or divulge the same to any other person or entity except if disclosure if required by law.
LIMITATION OF LIABILITY
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this contract.
Liability of Client. The Client will not be liable to Creative Content Design for:
(a) any variations to the Services or Deliverables made by the Designer without the prior written approval of the Client;
(b) any loss arising out of use of the Services or the Deliverables not performed in accordance with this Agreement; and
(c) the accuracy of resources, information or documents provided to or for the use of the Designer.
Liability of Creative Content Design. Creative Content Design will not be liable to the Client for:
(a) In no circumstances will Creative Content Design be liable for any loss of interest, revenue, profit, or any data, or for any consequential, indirect, incidental or special damages suffered by the Client relating to the subject matter of this Agreement.
TERM AND TERMINATION
(a) This Agreement commences or is deemed to have commenced on the Commencement Date, and continues until the work is completed.
(b) Termination. Either Party may terminate this Agreement for any reason with 7 days written notice to the other party. The Client will pay the Designer for the work done up until termination and will reimburse Creative Content Design for any agreed-upon, non-cancellable expenses.
By purchasing the product from Creative Content Design, you, the Client acknowledge that you have read the terms of this Agreement and understand.
Creative Content Design – Designs – General Website Terms and Conditions
By viewing and using our website and its information you are agreeing to the Terms and Conditions identified in this document. Purchases will relate to additional conditions identified at the time of your purchase.
Generic Packages (pre-made packages) available from Creative Content Design are sold for the sole purpose of The Client to use on their business and personal social media/web pages. Generic Packages and all content within Generic Packages are not to be on-sold by the Client.
Refund Policy for Generic Packages. Graphic design documents are downloadable files and no actual items will be shipped to you. Downloads are delivered upon confirmation of payment and due to the nature of the product and its delivery, no refunds are offered on completed projects.
The Website is in relation to creativecontentdesign.com.au
We/Us/Our relates to Creative Content Design designs, its subsidiaries, affiliates, employees, officers, agents or assigns.
Service means design and branding work, photography, website, digital assets, content creation, copywriting, consulting, and digital marketing, print files, provision of artwork or associated assets.
Accuracy of content
We have taken proper care in the information provided on this website. We cannot guarantee its accuracy or be legally liable for any consequence from or connected to its content.
This website is available for your use on acceptance and compliance of these terms and conditions. By viewing and using this site you agree to use in line with all applicable local, state, national and international rules and regulations.
You are responsible for maintaining your passwords and log in details and ensuring they remain confidential.
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.
We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
These terms and conditions are governed by and construed in accordance with the laws of Western Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Terms & Conditions updated as of 6th November 2020