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Terms of Service

Below are The Big Creative standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with The Big Creative. By entering into any contracts or agreeing to agency services with The Big Creative you are agreeing to the following terms of service. Please also note that from time to time The Big Creative 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. Agreement to work with, or the submission of a project brief and payment of deposit to The Big Creative constitutes agreement to these terms and conditions.

 

Payment Terms for Stand Alone Projects

“The Client” agrees to pay a 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. Once research, resources allocated or creative work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. The Big Creative endeavours to provide a 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”, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent. If the work time exceeds 4 calendar weeks in duration, “The Client” agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery. All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. In the event that the invoice become overdue, the client agrees that The Big Creative has the right to run any credit cards they have on file for the client to pay for the outstanding work.

 

Payment Terms for Retainers

“The Client” agrees to pay retainer invoices for the upcoming month as stated on the “The Clients” invoice. Once research, resources allocated or creative work has commenced on a project, this deposit is non-refundable. Retainer contracts are biding 6 month agreements. “The Client” may nominate to cancel this contract at any given time, however a non negotiable 6 weeks cancellation period is required to cancel any such arrangements. “The Client” may request The Big Creative to work during this 6 week notice period or simply pay a 6 week cancellation invoice of $6923 plus any outstanding money relating to the current service agreement. In the event that the invoice becomes overdue, the client agrees that The Big Creative has the right to run any credit cards they have on file for the client to pay for the outstanding work.

 

Design samples

“The Client” also agrees to allow The Big Creative to showcase any/all work created in the course of a project as part of The Big Creative portfolio. The Big Creative acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.

 

Force Majeure

The Big Creative shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of The Big Creative. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

 

Fees for service

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.

 

Excess work

This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished work after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra work completed during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $150 (plus GST if applicable) per hour will be payable. Should additional agency work, not initially quoted for, be requested during the process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of the project files. Publication and/or release of work performed on behalf of the client by “The Big Creative” may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.

 

Liability & Litigation

It is agreed that all work and materials provided for “The Client”by “The Big Creative” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. It is agreed that “The Big Creative” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim. Under no circumstances shall The Big Creative 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 Big Creative 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, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

 

Approval of Final Artwork

While The Big Creative takes all care to avoid errors, The Big Creative accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.

 

Print Returns And Refunds

It is agreed that the The Big Creative is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public. The Big Creative will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify The Big Creative of any such errors during the revision cycle and before the final files have been generated. As with all print projects, payment for re-printed project MUST be prepaid.

 

Print – Colour Variations

With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of The Big Creative.

Copyright. The Big Creative retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of The Big Creative. The Big Creative may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, The Big Creative Studio retains the rights 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 proposals and concepts submitted to but not approved for the work outlined. Until final payment The Big Creative retains ownership of all artwork and website architecture. The Big Creative reserve 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 Big Creative 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 proposal quote. Other than for the promotional use of The Big Creative all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final assets created by The Big Creative shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed. In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and agency’. Copyright will remain property of The Big Creative till such time an agreement is in place. As part of The Big Creative terms of business, the copyright licence is automatically released to the client on receipt of final payment for the commissioned work. The Big Creative reserve 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 Big Creative in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.

 

Goodwill

This proposal assumes goodwill from both The Big Creative and “The Client” regarding:

• What can reasonably be achieved in a given time frame

• Making best use of resources to achieve the most effective outcomes

 

Resending Uploading Files

If a client loses or accidentally deletes the files delivered by The Big Creative at the completion of the project, The Big Creative can reupload to Drop Box, for a fee of $50 per request (plus GST). Providing the request from the “Client” has been made within 2 years from the date of completion.

 

Artwork on DVD or USB Drive

If any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/ postage will be payable.

 

Website design credit

“The Client” agrees to allow “The Big Creative” to place a small credit on printed material exhibition displays, advertisements and/or a The Big Creative logo on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “The Big Creative Studio” to place websites and other designs, along with a link to the client’s site on “The Big Creatives” own website for self promotional purposes.

 

International Work

Some of The Big Creative clients come from outside Australia. Being a niche market we are global specialists in the field of feminine graphic and web design and as such create work across the world, using contemporary communication methods such as Skype, Drop Box, Hightail, email and chat, along with the more traditional devices such as telephone.

 

Website design post- completion alterations

Once web design is complete,” The Big Creative” will provide the customer with the opportunity to review the resulting work. “The Big Creative” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to “The Big Creative” by e-mail and confirmed by post. ” The Big Creative” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $150 per hour plus GST if applicable.

 

Confidentiality

It is agreed that employees of “The Big Creative” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.

 

Late payments & Default

Accounts which are not paid within 15 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “The Big Creative”, unless prior arrangements have been made. “The Big Creative” shall at it’s sole discretion suspend any and all services provided to the client by “The Big Creative” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue. Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full. “The Client” whose account is in default agree to pay “The Big Creative” reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. “The Big Creative” retains all copyright for work performed until full project costs have been paid. “The Big Creative” reserves the right to reuse or resell work undertaken in the case of payment default. “The Big Creative” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases

 

Amendments to these Terms and Conditions

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorised representative of “The Big Creative” prior to the commencement of work outlined in this submission.

 

Freelance contractors and confidentiality

All contractors employed by “The Big Creative” are held to a strict confidentiality and nondisclosure agreement. Contractors of “The Big Creative” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “The Big Creative”. If this was to be breached by the contractor “The Big Creative” will take swift and reparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “The Big Creative” and acting independently. Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases. “The Big Creative” aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “The Big Creative” guidelines of professional behaviour and ethics.

 

Disclaimer

Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such The Big Creative take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however The Big Creative cannot be held responsible for variations between expectation and outcome. All information contained in this document is intended for general information purposes only. The information is provided by The Big Creative. 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 document, or any products, services, links, or graphics that may be found on our website. Use this information at your own risk. The Big Creative will not be held liable for any loss or damage, or loss of data from your use of this document. This includes indirect or consequential loss or damage.