DESIGN SERVICES TERMS AND CONDITIONS:
These are the terms and conditions for the supply of products and services by 2Creative. Please read these terms and conditions carefully. These terms and conditions apply to any or all of the products and/or services provided by 2Creative. 2Creative reserves the right to change these terms and conditions from time to time without notice to THE CLIENT.
ACCEPTANCE OF TERMS AND CONDITIONS:
THE CLIENT agrees to be bound by 2Creative’s terms and conditions following payment of the project deposit by THE CLIENT to 2Creative and agrees that such payment is taken as agreement to these terms and conditions. Upon receipt of such deposit by 2Creative, 2Creative is authorised to execute the project.
REVISIONS/CHANGES AND PROJECT SCOPE:
If THE CLIENT changes any aspects of the agreed scope of the project at any stage during the project; a revision fee may be applicable at the discretion of 2Creative after discussing the changes with the client. Additional services will include, but are not limited to, changes in the extent of work, changes in scope, changes in schedule, changes in database design and programming, changes in the complexity of any elements of the project, changes to visual aesthetics and/or function, and any changes made after CLIENT approval has been given for a specific stage of the project according to the agreed upon quote, including but not limited to concepts, layout, colours, artistic styles, programming and production of mechanicals. 2Creative agrees to inform THE CLIENT, where possible, of additional services that fall outside the scope of the project being undertaken. 2Creative agrees to obtain THE CLIENT’s approval for any services that cause the total fees to exceed those outlined in the agreed quotation and work on any such ‘extras’ will not commence without THE CLIENT’s permission. Any revision hours included in a quote for website development or graphic design work are valid for 30 days from the date of purchase unless otherwise specifically stated in writing by 2Creative. Revisions that fall outside of the 30 day timeframe will incur extra fees at 2Creative’s standard hourly rate.
SCHEDULES:
2Creative reserves the right to adjust the scope and schedule of the project in the event that THE CLIENT fails to meet the agreed-upon deadlines for delivery of information, materials, content, approvals, payments, and for changes and additions to the services outlined in the agreed quotation.
PROOF-CHECKING:
It is the responsibility of THE CLIENT to proof-check all work submitted by 2Creative to ensure that there are no grammatical, spelling or errors contained in the final product. It is agreed that 2Creative is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. Standard warranties apply in respect to website design and development regarding the repair of programming errors by 2Creative.
OWNERSHIP OF COPYRIGHT AND INTELLECTUAL PROPERTY:
All copyright and intellectual property for work produced by 2Creative shall remain the property of 2Creative unless a change of ownership is specifically stated in writing by 2Creative to THE CLIENT. Upon receipt of all monies owed for the project by THE CLIENT to 2Creative’s nominated financial institution, THE CLIENT is then granted the right to use the design items pertaining to the project for commercial use in advertising, display, and communication to the public. Copying, modifying, reverse engineering, unauthorised reproduction or use contrary to the conditions that appear on this document are not permitted unless 2Creative has issued specific approval in writing to THE CLIENT. This copyright notice includes all print graphics and in the case of websites and software based technologies, the client is only granted a license to use the website or software and not to make changes to any source code created by 2Creative.
REIMBURSABLE EXPENSES:
2Creative will use every effort to work within stated budgets but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without THE CLIENT’s permission in advance. THE CLIENT agrees to reimburse 2Creative for all out-of-pocket expenses incurred to produce this project.
PAYMENT SCHEDULE:
Upon approval of this document, THE CLIENT will make all payments and installments, as scheduled and outlined in the agreed quote pertaining to the commencement of the project. 2Creative reserves the right to vary our pricing and fees from time to time, including but not limited to, design services and products, domain names, and web hosting. In the event of price variations THE CLIENT will be notified prior to such rise where applicable as deemed by 2Creative.
DELIVERY:
In the event any material, content or data necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, binding, or web related technologies and services, 2Creative will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party, or due to third party website hosting and/or related technologies and services.
WEB STANDARDS COMPLIANCE:
2Creative agrees to conform to web standards where possible but is not liable for any compliance issues, accessibility issues, privacy issues, and is not responsible for the up-keep of in-house knowledge of web standards due to the evolutionary nature of web standards development. Furthermore, if situations arise whereby THE CLIENT requests a function that contradicts or compromises current web standards, or in cases where it is necessary to include non-conforming technologies to complete a project to the client’s request, 2Creative will not be liable from any issues regarding web standards or accessibility laws and guidelines.
THIRD PARTY RELATIONSHIPS:
2Creative may contract with other individuals or companies acting on behalf of THE CLIENT to provide additional services such as writing, photography, illustration, programming and production. THE CLIENT agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on 2Creative by these third parties. When such contractors are required, 2Creative will seek the discussion and agreement of THE CLIENT prior to any formal arrangements with these third parties where applicable.
PLACING PROJECTS ON HOLD:
Projects may be placed on-hold by the client at the discression of 2Creative. In such cases ownership of all rights shall be retained by 2Creative and a fee for work completed, based on the contract price and expenses already
incurred, shall be paid by THE CLIENT. Any project that exceeds 30 days due to the client not providing content or other client based delays may be deemed by 2Creative as being ‘on-hold’. All fees for projects placed on hold for longer than 30 days must be paid in full by the client including the initial deposit plus fees for any further work completed and expenses already incurred by 2Creative in undertaking the project.
TERMINATION OF SERVICES:
THE CLIENT may, at any time, terminate any service by providing 2Creative with notification in writing for cancellation of service/s. All costs incurred by 2creative relating to the project will be charged to THE CLIENT including planning, time scheduling, programming, designing, resources allocation, customer contact time, and all other project related costs at the discretion of 2Creative. Any existing fees, or fees paid in advance for that service which is being cancelled shall be forfeited, no refunds will be given. 2Creative may also at any time, terminate any service by providing THE CLIENT with notification in writing for cancellation of service/s.
BREACH OF CONTRACT:
Any deviation from the terms and conditions of this agreement or failure by THE CLIENT to follow the termination of services conditions will incur a breach of contract status whereby all costs incurred by 2creative relating to the project will be charged to THE CLIENT including planning, time scheduling, programming, designing, resources allocation, customer contact time, and all other project related costs at the discretion of 2Creative. Any existing fees, or fees paid in advance for that service which is being cancelled shall be forfeited, no refunds will be given.
OVERDUE PAYMENTS:
Overdue payments by THE CLIENT to 2Creative may incur a late fee at 2Creative's discression. Any and all time spent by 2Creative to collect outstanding amounts from the client or time spent in monetary disputes or legal action may incur extra costs which be added to the client’s bill at the discretion of 2Creative.
DEPOSIT:
THE CLIENT agrees that any deposit and/or fees paid to 2Creative are non-refundable and non-transferable.
DATA BACK-UPS:
While we make every effort to keep back-ups of both client supplied images and data and work supplied by 2Creative to THE CLIENT, THE CLIENT is solely responsible for keeping own copies or back-ups of client supplied images and data and work supplied by 2Creative to THE CLIENT including and not limited to website content, product information, images, text, and all client documentation. 2Creative will not be deemed liable for loss of such information.
