Provision of advertising and promotional services and products
Creative Imagery will carry out work only where an agreement is provided either by email, telephone or mail.
Creative Imagery will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Creative Imagery and the client, this includes telephone and email agreements, and orders placed by employees of The Client.
We reserve the right to change these terms and conditions without notice.
Prices advertised on our website are subject to change without notice.
QUOTE VALIDITY
Quotes are valid for 30 days from the date of the quote.
VARIATIONS TO THE QUOTED PRICE
Creative imagery provides project estimates based on the information provided to us at the time of quoting. If the quoted job evolves additional work outside the scope of that which was quoted, further charges will apply.
WORK WITHOUT A QUOTE
If you request creative imagery to engage (by making contact to creative imagery by any means – ie. phone, email, mail etc.) in work without first requesting a quote, then we will not be aware of your expectations regarding the cost of the project. If you have expectations or budgetary restrictions, you MUST request a quote first.
SUPPORT
Once a project has commenced, all supported time that Creative Imagery provides to the client by any means (ie. phone, email or other) will get attributed to that project number and is therefore charged out at our hourly rate listed above. The client may request for a current running time on an open project by emailing Creative imagery, and times for that project number will be provided.
INVOICE TERMS
Unless arranged otherwise, the payment terms for Creative Imagery work is:
• Logo Design/ Graphic Design – 7 days from the date of invoice
• Website Design – 50% of estimated costs prior to project start, the remainder to be paid at 30 days after project start or prior to website upload, whichever occurs first. Final balance is to be paid regardless if Creative Imagery has not been able to finalise the project, on account of The Client not providing approval and/or feedback essential to complete the project.
If your project is cancelled at any time during the development period, this fee is non-refundable and you may be liable for costs incurred in excess of this.
If a website job is in our system for more than 2 months, extra charges may apply to cover any hosting services or price rises that have occurred since the commencement of the project.
The website, graphics and any programming code remain the property of Creative Imagery until all outstanding accounts are paid in full.
• Search Engine Optimisation – full invoice payment must be received prior to project start.
• Printing – full invoice payment must be received before the project is sent to print.
OVERDUE ACCOUNTS
The due date for all accounts will be clearly stated on your invoice. If you have an overdue invoice in our system, Creative Imagery will prioritise other jobs in the system over yours until the overdue invoice is paid.
Overdue accounts will occur a late payment fee of $55 inclusive of GST each month until full payment is received.
Creative Imagery reserves the right to pass non-settled accounts to the Magistrates Court to pursue payment; non-payment can result in writs & court judgements being added to The Client’s credit rating.
Following consistent non-payment of an invoice, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. Legal fees & court costs will be at the cost of The Client.
OWNERSHIP, COPYRIGHT AND LICENCES
Ownership of all IP Rights associated with the Advertising and Promotional Materials vest and remain vested in Creative Imagery.
The Client agrees that all IP Rights, whether currently existing or arising in future, are the absolute property of Creative Imagery for the full term of such IP Rights, throughout the world.
Creative Imagery grants to The Client a non-exclusive licence to use the Advertising and Promotional Materials for all purposes within the reasonable contemplation of the parties.
The Licence starts on the date of delivery of the Advertising and Promotional Materials.
LIMITATION OF LIABILITY
As far as the law permits, and other than as set out specifically herein Creative Imagery:
(a) gives no warranty or undertaking;
(b) makes no representations or promises regarding the Advertising and Promotional Materials, their characteristics, performance or suitability for The Client’s purposes, and all implied warranties, undertakings, representations, terms, conditions and promises are excluded.
Creative Imagery will not be liable for any special, indirect or consequential damages, loss of profit, goodwill, revenue or loss of anticipated saving or loss, or corruption of data arising as a result of a breach of the terms and conditions of this Agreement by that other party or as a result of a breach of duty of care or negligence arising at law.
Creative Imagery is not responsible for any statement or representation concerning the Advertising and Promotional Materials made by any other person and The Client acknowledges that it has not relied on any such statements or representations.
Creative Imagery does not promise that the Advertising and Promotional Materials will operate continuously or be free of errors.
RECRUITMENT OF EMPLOYEES AND CONTRACTORS
During the Term and for a period of 18 months following its termination The Client shall not directly or indirectly do any of the following:
(a) solicit or encourage any employee or contractor of Creative Imagery, to leave the employ of or cease working for Creative Imagery.
(b) hire or contract any employee or Contractor of Creative Imagery. The Client acknowledges that Creative Imagery invests substantial time and resources in its Employees \and Contractors and accordingly The Client agrees that in the event that it breaches clause, it will pay Creative Imagery its loss and damage which the parties estimate is 18 months’ average income of that employee or Contractor when the last working with Creative Imagery and The Client agrees to pay that amount as liquidated damages.
ENTIRE AGREEMENT
This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties. This Agreement incorporates by reference documents listed in the Agreement that Creative Imagery may amend from time to time in writing.
ARTWORK DESIGN
Artwork design, meaning ‘preparation of a document to be ‘press ready’ for printing, or ‘press ready’ for publication.
INTELLECTUAL PROPERTY
All artwork is governed by International copyright laws and ownership of all IP Rights vest and remain vested in Creative Imagery. They cannot be reproduced in any form without obtaining written consent or purchasing the artwork rights.
Creative Imagery’s prices are advertised for designing a ‘press ready’ document. Never included in our prices come layered or working files such as Coreldraw, Indesign, Illustrator or Photoshop files. Logo design is one of the only services provided where the layered files are included in our price. The following formats provided are: EPS, AI, PDF, JPEG
Creative Imagery’s fee to supply “working artwork files” is calculated as (cost of the project) x3 = Fee for working files
The Client is provided with a ‘Press Ready’ pdf in the correct colour mode (CMYK for Print), with the standard bleed requirement and registration marks. The Client can take this document to be printed anywhere. Alterations to the artwork, however, will need to be done by Creative Imagery (and paid for by the hour, with a minimum of a quarter of an hour).
FILES AND ‘COPIES’
Please save copies of all your proofs/ final documents and logos. Creative Imagery is not responsible for re-sending copies of different documents to you, nor 3rd parties such as printers, newspapers, signage companies etc. Such requests will be billed an upfront fee of $25+GST.
Most Final Files are saved as PDFs. Providing ‘copies’ of the same files in other formats such as ‘jpegs’ or ‘tiffs’ will be done so at an additional cost to export the files in the formats required or requested by the client.
PUBLICATIONS / DESIGN SPECIFICATIONS
It is The Client’s responsibility to request and provide specification sheets from the organisation for which the document is being prepared for. For example, if you are having items designed for ‘The West Australian’ or signage for a 3rd party company, it is The Client’s responsibility to request and provide the specifications material, and the appropriate sizing.
TIME ALLOWED
Prices advertised on our website are based on time allowed to design different items. We have a minimum time allowed. If the time allowed starts to exceed the time allowed/ price advertised/ quoted, Creative Imagery will advise the client that additional fees may be required.
LOGOS AND LOGO DESIGN
The Client must supply their logo in vector (eps) format to Creative Imagery. Logo design is not included in any other artwork design, or ‘re-creation’ from a printed item, is a separate service for which additional fees are liable.
Logo design is one of the only services provided where the layered files are included in our price. The following formats provided are: EPS, AI, PDF, JPEG
DUE DILIGENCE OF TRADEMARK CONSIDERATION
Creative Imagery will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with ‘IP Australia’ if required.
PHOTOS
Creative Imagery includes royalty free photos in some artwork (check your estimate to see how many). These are only included from photo stock sites www.shutterstock.com and www.123rf.com or http://depositphotos.com this excludes either sites ‘premium’ range.
Photos supplied by The Client need to be in 300dpi (for most printing), or 200 dpi for newspapers. Photos supplied to us by The Client from photo stock sites other than www.shutterstock.com and www.123rf.com or http://depositphotos.com is to be purchased by The Client. Photos taken professionally for The Client are to be paid for by The Client.
Creative Imagery is not responsible for ‘air brushing’ or ‘touching up’ photos supplied by The Client, and will only be done so for no additional charge at the discretion of Creative Imagery.
Creative Imagery cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
COPY
The Client must supply the copy for their artwork in the form of a word document. The copy must be proof-read, and spell checked. It is not Creative Imagery’s responsibility to write copy or proof read supplied copy.
In most cases, two rounds of updates/ alternations to copy at no charge will be provided. Any additional alternations are billed per ‘round’ of alterations. Creative Imagery cannot be held responsible for documents that have misprints after The Client has approved documents for printing. Any re-prints will be at the cost of the client.
ADDITIONAL REQUIREMENTS
Any additions to briefs provided will be carried out at the discretion of Creative Imagery and where no charge is made by Creative Imagery for such additions.
FEEDBACK AND CLIENT RESPONSIBILITIES
The Client agrees to provide feedback on the artwork as soon as is reasonably possible for Creative Imagery to complete the artwork to the agreed standard within the set delivery date.
Failure to provide feedback in order for Creative Imagery to complete project will result in issuing of an account for work done to date.
ARTWORK PAYMENTS
All artwork requires a deposit unless The Client who is requesting the service is an approved client with an account history with Creative Imagery.
Final payment will still be billed and expected to be paid, regardless if Creative Imagery is not able to complete the project due to the client not providing the material and/or feedback essential for Creative Imagery to finalise the project.
Any artwork/ graphics remain the property of Creative Imagery until all outstanding accounts are paid in full.
DESIGN SAMPLES
The Client also agrees to allow Creative Imagery to showcase any/all work created in the course of a project as part of Creative Imagery portfolio. Creative Imagery acknowledges the confidential nature of projects and agrees to only display project work once the product/site has been publicly launched/commences.
PRINT MANAGEMENT
INTERPRETATION
‘Business Day’ means a day on which are not weekends or public holidays in the State of Western Australia which Creative Imagery’s premises are located. ‘Goods’ means the final goods produced by the printer by completing the Order;
COMPLETION AND DELIVERY
While most printed jobs are estimated to take between 5 and 10 working days, Creative Imagery cannot guarantee goods will be completed within the time frame quoted.
PAYMENT
Full payment of invoice of all printed materials is due prior to shipping unless otherwise arrangements are made prior to the order being placed.
PROOFS AND MISPRINTS
Creative Imagery cannot be held responsible for incorrections or misprinting after The Client has reviewed, and approved proofs, by email or phone or in person.
Re-prints are to be at the cost of The Client. Discounts for re-prints will be at the discretion of Creative Imagery.
COLOUR
All care is taken to match the colour as precisely as possible, however, due to the nature of the printing process, some colours may display or be printed with a slight colour variation. Computer screen colours cannot be considered when proofing artwork, these are only an indication of colour and are not exact. A PMS swatch code can be used to select colours accurately.
NON COLLECTION OF GOODS
If The Client leaves goods in Creative Imagery‘s possession without specific instructions as to what is to be done with it, Creative Imagery may, 6 months after gaining possession of the goods, dispose of the goods.
NON PAYMENT OF GOODS NOT COLLECTED
Goods left with Creative Imagery with invoices outstanding still have to be paid for by the client.
WEBSITE DESIGN
LOGOS
The Client must supply their logo in vector (eps) format to Creative Imagery. Logo design is not included in website design, or ‘re-creation’ from a printed item, is a separate service for which additional fees are liable.
COPY
The Client must supply the copy for their website in the form of a word document. The copy must be proof-read, and spell checked. It is not Creative Imagery’s responsibility to write or proof read supplied copy.
One round of updates/ alternations to copy at no charge will be provided 7 days after website completion. Any additional alternations are billed by the hour, with a minimum of ½ hour.
PHOTOS
Creative Imagery includes royalty free photos in some artwork (check your estimate to see how many). These are only included from photo stock sites www.shutterstock.com and www.istockphoto.com this excludes either sites ‘premium’ range.
Photos supplied by The Client need to be in 300dpi (for most printing), or 200 dpi for newspapers.
Photos supplied to us by The Client from photo stock sites other than www.shutterstock.com and www.istockphoto.com is to be purchased by The Client. Photos taken professionally for The Client are to be paid for by The Client.
Creative Imagery is not responsible for ‘air brushing’ or ‘touching up’ photos supplied by The Client, and will only be done so for no additional charge at the discretion of Creative Imagery.
Creative Imagery cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
WEB BROWSER COMPATIBILITY
All Creative Imagery sites are tested and validated at the time of construction and are tested in the latest versions of Internet Explorer, Chrome and Mozilla. However, Creative Imagery can offer no guarantees of correct website display and function with all browser software.
SERVER / HOSTING COMPATIBILITY
All Creative Imagery sites are estimated based on being installed on Creative Imagery server. Creative Imagery cannot estimate a price on installing a website on a 3rd party server/ host. Any amendments that need to be made to our sites to function correctly on a 3rd party server/ host will be at the cost of The Client.
If The Client chooses to move servers, Creative Imagery cannot guarantee that the site will not need alterations to function properly. Typically all our sites are built to function on a Linux Platform, with the latest versions of PHP installed, amongst various other installations.
It is not Creative Imagery’s responsibility to maintain or update your website or your website’s software. Creative Imagery does not offer free on-going website updates, website technical support or website software maintenance, these services are a separate service for which additional fees are liable.
SOFTWARE
All software is licensed to Creative Imagery and is not transferable.
WEBSITE AND EMAIL HOSTING
Whilst Creative Imagery can make no guarantees to the availability or interruption of this service and Creative Imagery cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Creative Imagery reserve the right to refuse to host in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise, without refund. Creative Imagery does not offer email or website support subsequent to, or during moving hosts away from Creative Imagery. The new host is whom the support will now be provided by.
PLEASE NOTE… Hosting services do not include any website updates, website technical support or website software maintenance. It is not Creative Imagery’s responsibility to maintain or update your website or your website’s software. Creative Imagery does not offer free on-going website updates, website technical support or website software maintenance, these services are a separate service for which additional fees are liable.
ADDITIONAL REQUIREMENTS
Any additions to briefs provided will be carried out at the discretion of Creative Imagery and where no charge is made by Creative Imagery for such additions.
FEEDBACK AND CLIENT RESPONSIBILITIES
The Client agrees to make available as soon as is reasonably possible to Creative Imagery all materials required to complete the website to the agreed standard and within the set delivery date. The Client agrees to provide feedback on the website as soon as is reasonably possible for Creative Imagery to complete the website to the agreed standard within the set delivery date.
SEARCH ENGINE OPTIMISATION
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees whatsoever regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund in relation to this type of work.
Creative Imagery reserves the right to refuse to attempt Search Engine Optimisation in industries that have exceptionally competitive keywords, such as ‘real estate’, ‘travel’ etc.
WEBSITE DISCLAIMER
Creative Imagery will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Creative Imagery will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
Creative Imagery will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once approval has been received to develop the website, any changes to the approved design layout will occur additional charges.
Once a website has been developed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If The Client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to The Client’s satisfaction and no refunds can be offered. We do offer one round of updates/ changes for a month after completion to allow for any final amendments that may be required.
If a website project is in our system for more than 2 months, extra charges may apply to cover any hosting services or price rises that have occurred since the commencement of the project.
Creative Imagery cannot take responsibility for any losses incurred by the use of any software created for The Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with The Client in ensuring that all software is functioning correctly before use.
Creative Imagery reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
PLEASE NOTE… It is not Creative Imagery’s responsibility to maintain or update your website or your website’s software. Creative Imagery does not offer free website updates or technical support once the site has been completed, on-going updates or technical support is a separate service for which additional fees are liable.
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following terms have the following meanings:
Advertising and Promotional Materials means the advertising and promotional materials produced by Creative Imagery for The Client.
Agreement means this agreement, together with the attachments to the Agreement and variations to the Agreement that are made from time to time.
Business Hours means 9.00am to 5.00pm Monday to Friday, excluding public holidays, in Western Australia.
The Client means The company or individual requesting the services of Creative Imagery.
Costs include costs, charges, expenses and legal costs in accordance with any written agreement as to legal costs or, if no agreement, on whichever is the higher of a full indemnity basis or solicitor and own client basis.
Defect means an error in the Advertising and Promotional Materials or any part of the Advertising and Promotional Materials such that it does not meet the Client specifications, for a reason attributable to Creative Imagery.
Disbursements means the disbursements specified in the Order Confirmation.
IP (Intellectual Property) Rights means in relation to Advertising And Promotional Materials:
(a) any patent, trademarks, copyright, registered design or other design rights, electronic or circuit layout right and any corresponding property or right under the laws of any jurisdiction throughout the world;
(b) any right under the laws of Australia, or of any other jurisdiction throughout the world, to apply for the grant of registration of a patent, trademark, copyright, design, electronic or circuit layout right or any corresponding property or right; and
(c) any rights throughout the world in respect of an invention, discovery, trade secret, know-how, concept, idea, information, data, algorithm or formula.
Invoice means an invoice for the Initial Licence and Installation Fees, the On-going Licence Support and Maintenance Fees and any other fees payable by the Client to Creative Imagery in accordance with the terms of this Agreement.
Licence means the licence in this Agreement permitting the use of the Advertising and Promotional Materials.
Services means the consultation, development, and graphic design services as specified in the Scope of Services.
Creative Imagery means Cloud Nine Enterprises Pty Ltd ACN 116 489 331 ATF The Cesare Investments of PO Box 4051 Baldivis, Western Australia 6171 or its successors and assigns, as the case may be.
