DESIGN SERVICES TERMS AND CONDITIONS:

These are the terms and conditions for the supply of any or all services and/or products by 2Creative, including any usage of 2Creative's online technologies. Please read these terms and conditions carefully. 2Creative reserves the right to change these terms and conditions from time to time without notice to THE CLIENT.

ACCEPTANCE OF TERMS AND CONDITIONS:

It is a strong condition that THE CLIENT agrees to be bound by 2Creative’s terms and conditions for any usage of 2Creative's online technologies, and/or following the commencement of the project and / or payment of the project deposit, or any fee, by THE CLIENT to 2Creative and THE CLIENT agrees that acceptance of a supplied quote or proposal from 2Creative to begin the project and / or payment of any fee 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. Any revision hours included in a 2Creative quote 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.

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. It is the responsibility of THE CLIENT to ensure that any content uploaded to a 2Creative online technology platform such as a website, is THE CLIENT's responsibility. It is agreed that 2Creative is not responsible for client content based errors and is not liable for any inapproriate or illegal content uploaded by THE CLIENT to a 2Creative online technology platform.  

COPYRIGHT AND INTELLECTUAL PROPERTY:

It is a strong condition that all copyright and intellectual property for work produced by 2Creative shall remain the property of 2Creative unless a change of copyright ownership is specifically stated in writing by 2Creative to THE CLIENT. Upon receipt of all money owed for the entire project by THE CLIENT to 2Creative’s nominated financial institution, THE CLIENT is then granted usage of 2Creative's online technologies, or use of the design items pertaining to the project for commercial use in; advertising, display of client content, and communication to the public. It is a strong condition that copying, modifying, reverse engineering, de-encrypting, unauthorised reproduction, removal of files, or use contrary to the conditions that appear on this document are not permitted unless 2Creative has issued specific express 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 not granted a license, nor provided with a product, but is granted permission to use our online technology platform, whether in the form of a website or other web based technology, or software; for uploading and managing client content, content display, online sales of THE CLIENT's products or services, advertising and communication to the public. The client is not authorised to gain access to source code, or make source code changes, or copy, modify, reverse engineer, or de-encrypt any source code, technology, or work created by 2Creative. Any breach of these instructions undertaken by or on behalf of THE CLIENT without 2Creative’s express permission will see swift action including the voiding of any warranty and support on offer; cancellation of license to use 2Creative's services and/or products; and may invoke legal action for breach of copyright. It is a strong condition that the client agrees that all 2Creative services, strategies, works, designs, products, processes, CMS (content management system), and technologies always remain the property of 2Creative and are non transferable in any manner to anyone or anything but THE CLIENT that is authorised by 2Creative; and in the case of web services and products, may not be used on any non-2Creative hosting platforms, or for use with, or by, any other service providers, or non 2Creative authorised people or lifeforms. It is a strong condition that THE CLIENT agrees that by definition 2Creative do not supply websites as computer programs or products, rather, 2Creative provides solutions, expertise, related services and an online technology platform; then permits THE CLIENT to use the online technologies via 2Creative's CMS if supplied and relevant to a particular project, at the discression of 2Creative. THE CLIENT agrees that any usage of 2Creative's online technology platform implies and confirms agreement by THE CLIENT to ahere to these terms and conditions. Any breaches of these terms and conditions undertaken by or on behalf of the client without 2Creative’s express permission will induce a revoking of THE CLIENTS usage rights, void any warranty and support on offer and invoke legal action for breach of copyright.

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 without notice to THE CLIENT. If THE CLIENT fails to pay a due invoice by the due date of said invoice, a late fee may be charged by 2Creative to THE CLIENT plus a re-establishment fee. THE CLIENT agrees to pay all costs incurred by 2Creative to recover overdue monies.    

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, colour 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. 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.

HOSTING AND DOMAIN NAMES:

THE CLIENT agrees to acknowledge that 2Creative is not a domain registrar or web hosting company and only offers web hosting as part of 2Creative's online solutions, the use of which, may or may not be included in any usage approval granted to THE CLIENT. It is a strong condition that THE CLIENT agrees FTP access and/or server access is not provided to THE CLIENT and that FTP access and/or server access by the client is forbidden. THE CLIENT agrees that web hosting may only be provided by 2Creative for online services, websites or works created by 2Creative.

PLACING PROJECTS ON HOLD:

THE CLIENT may request that a project be placed on-hold at the discretion of 2Creative. Any request for placing a project on hold must be supplied to 2Creative in writing and received within 30 days from the date of payment of the deposit for the project. In such cases, ownership of copyright and 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. THE CLIENT may request that a project successfully deemed by 2Creative as on hold be re-activated at the discretion of 2Creative. Any request by THE CLIENT for re-activation must be supplied to 2Creative in writing and received within 90 days from the date of payment of the deposit for the project. In such cases, a re-establishment fee shall be paid by THE CLIENT. The amount required for the re-establishment fee will be calculated on a case by case basis to allow for each individual project's specification and required workload. It is a strong condition that THE CLIENT agrees that failure to supply 2Creative with a written request for placing a project on hold within 30 days of payment of the deposit forfeits the ability for the project to be placed on hold. It is a strong condition that any existing fees paid by THE CLIENT to 2Creative, or fees paid in advance by THE CLIENT to 2Creative shall be forfeited under a project on hold status and no refunds will be given.

SUPPORT OF WEB SERVICES:

Free error support for 2Creative web services and/or work is supplied for one year from the date of purchase of such services and/or work. THE CLIENT agrees that any client generated errors or errors caused by third parties are not covered by this free support and fees may be applicable. Support required after this one year period will require payment of 2Creative fees at 2Creative's discression, costed on a job per job basis. THE CLIENT agrees that 2Creative is not responsible nor obligated to fix at 2Creative's cost, future changes in internet related technologies, websites, software, hardware, computer programs, computers, and equipment that may cause 2Creative's services and/or products to work incorrectly and/or cease to work at all; that occured after the date of completion by 2Creative to supply the services and/or products to THE CLIENT. 

CLIENT COMMUNICATION:

It is a strong condition that THE CLIENT agrees that any or all time required to communicate with THE CLIENT may require payment to 2Creative including but not limited to meetings, consultations, phone communication, email communication, written correspondence and preparation for said communications.

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. It is a strong condition that 2Creative retains full copyright ownership and other rights for all work produced under a termination scenario. It is a strong condition that any existing fees paid by THE CLIENT to 2Creative, or fees paid in advance by THE CLIENT to 2Creative shall be forfeited under a termination of services status and 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. Upon termination by 2Creative THE CLIENT agrees that any and all usage and access to 2Creative's services and/or products will be immediately revoked, and THE CLIENT agrees to cease using or accessing 2Creative's services and/or products.

BREACH OF CONTRACT:

It is a strong condition that THE CLIENT agrees that 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. It is a strong condition that any existing fees paid by THE CLIENT to 2Creative, or fees paid in advance by THE CLIENT to 2Creative shall be forfeited under a breach of contract status and no refunds will be given. It is a strong condition that 2Creative retains full copyright ownership and other rights for all work produced under a termination scenario and THE CLIENT forfeits any and all work provided by 2Creative. Under a breach of contract scenario, 2Creative reserves the right to suspend or delete any hosting accounts, email accounts and any or all services.

PAYMENT TERMS:

Payment terms are strictly seven days from the date of invoice and all monies owed by THE CLIENT are to be receipted by 2Creative's financial institution by 5:00pm on the due date of said monies.

OVERDUE PAYMENTS:

It is a strong condition that the client agrees that any or all overdue payments by THE CLIENT to 2Creative may result in immediate account suspension and the revoking of any usage rights to any and all 2Creative services and supplied items including, but not limited to, website use, website hosting, email hosting, graphics, designs, logos, and strategic plans. It is a strong condition that the client agree that payments will be deemed overdue if they are not received by 2Creative's nominated financial institution by 5:00pm on the due date of said monies. Overdue payments may incur a late fee at 2Creative's discretion plus a re-establishement fee for the re-activation of 2Creative services and re-issue of any usage rights. Any and all time spent by 2Creative to collect outstanding amounts from the client or time spent in monetary disputes, debt collection or legal action may incur extra costs which will be added to the client’s bill at the discretion of 2Creative. Payments that remain overdue for 7 days past the due date may result in a breach of contract status at 2Creative's discretion. It is a strong condition that 2Creative retains full copyright ownership and other rights for all work produced under an overdue payment scenario. 

DEPOSIT AND FEE REFUND POLICY:

It is a strong condition that 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. The client is not permitted to copies of website technologies. THE CLIENT agrees that 2Creative will not be deemed liable for loss of any or all client supplied or generated information.

TRANSFER OF LICENSES:

2Creative must be informed by THE CLIENT prior to any event whereby THE CLIENT will be undertaking any action that requires transfer of 2Creative supplied services and/or products to another person, business, company, organisation, party, lifeform or inanimate object. Transfer of usage rights is NOT automatically given and permission must be gained by 2Creative from THE CLIENT. Any transfer or usage rights not following this process will be deemed invalid and all licenses revoked. It is a strong condition that THE CLIENT inform the prospective new usage rights holder of 2Creative's terms and conditions prior to any supply of 2Creative services and/or products.