Please read the following terms and conditions carefully, as by accepting any quote provided, and therefore hiring Creative Lucy & Co. or its child companies M By Design, That Promo & Print Co. or First Strike Promo (throughout this document will be referred to as ‘’The Company’’), it is deemed that the ‘Client’ has read and agreed to ‘The Company”s terms and conditions as outlined below. Please also note that from time to time ‘The Company’ may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
All Quotes are provided by ‘The Company’ free of charge and are valid for 30 days from the date of issue. Quotes that are not accepted within the time identified may be subject to amendment.
All prices are in Australian Dollars and exclude GST, ‘The Company’ is not registered for GST at this time.
2. INVOICES & PAYMENT
Once ‘The Company’ receives written acceptance of the Quote an invoice will be generated and delivered to ‘Client’ via email or link, payment is expected within 7 days. ‘The Company’ reserves the right to not proceed with these services until payment has been received in full from the ‘‘Client’’.
The ‘Client’ reserves the right to request a payment plan which may be accepted by ‘The Company’ at its discretion. All payment plans must be agreed to both parties in writing.
If ‘The Company’ feels that any item requested by the ‘Client’ does not fit within the initial brief, the ‘Client’ may be charged additional fees. The item will either be quoted separately or charged as an extra, at full hourly rates.
‘The Company’ is entitled to charge the ‘Client’ for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
3. CONFIDENTIAL INFORMATION
‘The Company’ and the ‘Client’ both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents, sub-contractors and employees, agrees to hold and maintain in strict confidence all confidential Information and shall not disclose confidential Information to any third party or use any confidential Information except as may be necessary to perform its obligations under the Estimate, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
4. SUB-CONTRACTORS/ EXTERNAL SUPPLIERS
We may from time to time employ other companies and individuals to perform functions on our behalf e.g. we may retain a third party contractor to deal with product orders and delivery of products to you. In those circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
Important note for all Subcontractors: Any unsolicited use of ‘The Company’ IP will be considered a copyright infringement and may result in legal action. This includes (but not limited to) the use of photos of work produced, artwork or concepts for personal and/or business promotional purposes without the written permission of ‘The Company’ and the Companies ‘Client’.
Full ownership of designs, concepts and materials the Subcontractor produces/creates on behalf of ‘The Company’ will transfer to ‘The Company’. Future use of the project/concept or any of its elements is prohibited. Throughout the duration of any project or anytime thereafter, the Subcontractor shall not solicit or endeavour to entice away any Client’s of ‘The Company’.
Every possible attempt is made by ‘The Company’ to meet required deadlines. Additional charges may apply if ‘The Company’ is required to work outside of normal business hours in order to meet deadlines. It is the ‘Client’’s responsibility to notify ‘The Company’ of deadlines prior to the commencement of the project. ‘The Company’ will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond ‘The Company’s control, such as illness, injury, ‘Client’ delay, or third-party or sub-contractor turnaround times. Final approval of artwork must also be provided to ‘The Company’ in writing before any work is released – verbal approvals cannot be accepted.
All concepts created by ‘The Company’ are presented in low resolution draft format for on-screen proofing. High resolution files are only released once full payment is received. ‘The Company’ exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by ‘The Company’ are created to the very best of ‘The Company”s ability and knowledge. The ‘Client’ must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.
Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The ‘Client’ acknowledges that on-screen proofing is not an accurate representation of the final printed project and that ‘The Company’ is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome.
7. USE OF IMAGES
The ‘Client’ is solely responsible for obtaining any and all necessary intellectual rights clearances and/or other consents and authorisations. ‘The Company’ can not use images that violate copyright. ‘The Company’ can source professional stock photography as required. Professional stock photography that is not accounted for in the initial Estimate attracts an additional cost which is payable by the ‘Client’. ‘The Company’ accepts no liability for any copyright infringements incurred by the ‘Client’ for supplied images.
Any and all corrections, changes or amendments to a project must be provided to ‘The Company’ in writing. Each Estimate allows the ‘Client’ two rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the Estimate, are charged at the full hourly rate. Should the ‘Client’ choose not to proceed with the project, please refer to clause 12.
9. ERRORS & OMISSIONS
Whilst all care is taken by ‘The Company’ in producing proofs and final artwork, it is understood that the ‘Client’ assumes and accepts liability for any and all errors not corrected. The ‘Client’ is responsible for proofreading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the ‘Client’ or third parties (eg. printers) until final approval of artwork is provided to ‘The Company’ in writing – verbal approvals cannot be accepted. Should the ‘Client’ request a project reprint, the ‘Client’ is solely responsible for payment of all associated costs. ‘The Company’ cannot issue credit or refunds.
10. OFFSET, DIGITAL & LARGE FORMAT PRINTING
Files provided by the ‘Client’ to ‘The Company’ for use in high quality print reproduction must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where ‘The Company’ is required to manipulate and convert ‘Client’ supplied files to ensure they are press-ready. ‘The Company’ thoroughly checks all images supplied, and provides advice to the ‘Client’ regarding reproduction quality, colour and stock. The ‘Client’ accepts that ‘The Company’ is not responsible for any ‘Client’ supplied images that do not print as expected. ‘The Company’ supplies files to print companies and other third parties for high quality reproduction at a minimum of 300dpi at actual size, or as a high resolution PDF, and according to their required specifications.
Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. ‘The Company’ will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The ‘Client’ accepts that ‘The Company’ is not responsible for any print inaccuracies that may arise.
11. FILE FORMATS/ARTWORK RELEASE
‘The Company’ does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project can be supplied upon final payment, at the ‘Client’’s request. If a Design fee was not applied to the invoice (whether it be a redraw of supplied artwork or a ‘Client’s concept), ‘The Company’ reserves the right to not supply artwork files but will in good faith supply a jpeg and PNG file. You can request to purchase the hi-res artwork at the full rate.
Upon project completion, ‘The Company’ securely backs up and stores all associated files. Should the ‘Client’ request the supply of any files more than 30 days after project completion, a small retrieval fee may be incurred.
12. INCOMPLETE & CANCELLED PROJECTS
‘The Company’ endeavours to provide content and creative services that meet and exceed a ‘Client’’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by The ‘Client’, a pro rata amount based on time already spent will be refunded to the ‘Client’ in a timely manner. If a project is cancelled by ‘The Company’, due to unforeseen circumstances, the payment will be refunded in full to the ‘Client’ in a timely manner.
The ‘Client’, within 14 calendar days of receipt of each proof, shall notify ‘The Company’ of any corrections, changes or amendments the ‘Client’ wishes to be made. Should the ‘Client’ fail to contact ‘The Company’ within 14 calendar days of receipt of proof/s, and notify ‘The Company’ of any corrections, changes or amendments, or of final proof approval, ‘The Company’ reserves the right to consider the project cancelled and no refund will be issued.
‘The Company’ retains full ownership of designs, concepts and materials it produces. Once full payment has been received and the final project is delivered to the ‘Client’, complete ownership rights to the project transfers to the ‘Client’ for the work outlined. Unused concepts remain the property of ‘The Company’. ‘The Company’ may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the ‘Client’ requests in writing otherwise, ‘The Company’ retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design concepts submitted to but not approved for the work outlined. ‘The Company’ reserves the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items. ‘The Company’ reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the ‘Client’ prior to purchase if not included in the Estimate.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between ‘Client’ and designer’. Copyright will remain property of ‘The Company’ till such time an agreement is in place. As part of ‘The Company’ terms of business, the copyright licence is automatically released to the ‘Client’ on receipt of the final payment for the commissioned work as stated on the final invoice. ‘The Company’ reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting ‘The Company’ in print or digital media portfolios, social media, and blogs, except where the ‘Client’ has specifically requested in writing otherwise.
‘The Company’ retains the right to publish and display any ‘Client’ projects in ‘The Company”s portfolio, website, design periodicals, and other media or exhibits. ‘The Company’ acknowledges the confidential nature of projects and agrees to only display project work once the product/service has been publicly launched or the ‘‘Client’’ has given permission.
Under no circumstances shall ‘The Company’ be liable to The ‘Client’ for an indirect or consequential loss suffered by The ‘Client’ relying on the information included in the supplies prepared by ‘The Company’ including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
16. FORCE MAJEURE
‘The Company’ will not be liable for any loss, damage or expense suffered or incurred by the ‘Client’ where such loss is occasioned by any cause beyond ‘The Company’ reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
‘The Company’ takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however ‘The Company’ cannot be held responsible for variations between expectation and outcome.
All information contained in our website is intended for general information purposes only. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. ‘The Company’ will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. ‘The Company’ has no control over websites that are linked to on this website.
Those third-party websites are under the control of their owners, and ‘The Company’ will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.