- Terms and Conditions

Definitions

“Agreement” includes our Services Agreement, Quotation, Proposal and these Terms and Conditions.

“We” or “us” means Creative Storm (ABN 62 109 230 515).

“Proposal” means the proposal of work and quote we provide you relating to our proposed engagement by you to provide Services.

“You”, “your” or “client” means the client named in our Proposal.

“Charges” means the prices, charges and fees that you must pay us for the Services as specified in our Agreement or these terms and conditions.

“Services” means the work we will do for you as described in our Proposal.

How work happens

Services

We will do everything we can to supply the Services to you in accordance with this Agreement, and in a professional and diligent manner.

We will make sure you know how and when work will happen and give you time to provide feedback and direction.

We’ll do our best to follow any direction given by you, as long as it is reasonable and consistent with this Agreement. You’ll do your best to give us due notice if something changes that would impact the Services that we deliver to you.

You’ll provide the information, assets and materials we need to get the work done.

Any notice required to be given under this Agreement by any party must be in writing, electronically or otherwise, and addressed to the other party’s last known contact address.

Changes and feedback

From time to time, you’ll be asked to provide feedback and guidance. We’ll do our best to give you adequate time to provide feedback, and you’ll do your best to reply in a timely manner.

As much as possible, we ask for feedback to come through a single designated contact person.

All changes must be supplied in writing, via email.

While all due care and skill is taken, it is your responsibility to approve and proofread all final designs, type, content and sites. You agree to take responsibility for your content, to make sure that it correctly represents you and your business.

We don’t take responsibility for printing errors after approval. Reprints and changes will be made at your expense.

Once the work is done, we’ll let you know. If for any reason we don’t hear back from you within 21 days, we’ll take your lack of communication as acceptance and approval of the Services. We’ll consider our work together complete and provide you an invoice for any outstanding amounts (as per the Payment section of this Agreement).

Ownership

When you provide information to us, you agree that it is accurate, and that you have the right to the Intellectual Property (IP) and use of that information. You must indemnify us from and against all loss, damage, costs and expenses that we may suffer or incur as a result of or in connection with any consequent breach.

We retain ownership of all creative work (and associated IP) until all payments have been finalised. After that, you have ownership of all final work products.

We retain the right to use the final work products, within printed and online portfolios, including promotional materials such as newsletters and advertisements. That said, we’ll always ask your permission first, and will be mindful to not breach any confidentiality.

It is your responsibility to copyright any logo design and/or trademark created through our work together.

Confidentiality

“Your Confidential Information” means information relating to you that:

is by its nature confidential;

is designated by you as confidential; or

we know is confidential, but not information that:

is or becomes public knowledge otherwise than by a breach of this Agreement or another confidentiality obligation; or

we establish has been independently developed or acquired by us.

We take your confidential information seriously. We’ll do our best to keep our confidential information safe, but if you have any questions, you can refer to our Privacy Policy on our website.

We’ll only use your confidential information if we need to in order to provide Services to you.

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party without first obtaining your prior written consent.

You agree not to disclose the terms of this Agreement or details of our Charges with other persons, unless with our prior express permission.

Payment

All references to dollars or $ in this document or the Proposal refer to Australian Dollars. Before we start work, we’ll make sure we discuss all Charges with you.

We reserve the right to suspend or withhold work if payment of our invoice is not received in a timely manner.

[50/50 Payment Terms – branding/marketing strategy/video/web]

When you accept this Agreement, we will invoice you for 50% of the total cost of the work. Payment will be due within 14 days. This is considered a non-refundable deposit.

When the work is completed, we will invoice you for the remaining 50% of the total cost of the work. Payment will be due within 14 days.

[Ongoing strategy/socials]

On the 1st of the month of our Agreement, you will be invoiced the total amount of service for the month, in advance, which is due on receipt.

[Photo/design/training]

Once our work is done, you will be invoiced for the full amount.

[Video]

You will be charged for this work in two parts.

Once filming is done, you will be invoiced the amount quoted for filming in our Proposal.

Once the final files are delivered, you will be invoiced the amount quoted for editing in our Proposal.

Payments can be made by bank cheque, EFTPOS or electronic funds transfer into our nominated bank account.

If you think that there are any errors in the invoice, please let us know within 7 days.

You are responsible for paying any third party expenses (such as printing costs, advertising costs, website subscriptions etcetera). If we pay any third party expenses on your behalf, we will invoice you the full amount, due on receipt.

If you ask us to do any additional work not set out in this Agreement or proposal, we may charge you for that additional work at our normal hourly rates. We will send you a proposal for this work and consider it a new project.

If we do not receive payment in a timely manner, we may charge interest. Interest will be charged from the due date of the invoice, at a rate of 8% per annum, calculated daily on the basis of a 365 day year and compounded monthly. Interest will accrue from day to day and will be payable upon demand.

All amounts payable under or in connection with this Agreement must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under this Agreement (unless otherwise required by law).

Cancellation and termination

Our work is creative, and assessments of creative work can be subjective. Because of this, we do not offer refunds, unless we fail to complete the work within our agreed timeframes.

[50/50 payment - branding/marketing strategy/video/web]

You are able to cancel our project at any time, with 7 days written notice. Your initial deposit will be retained as a cancellation fee. If the work is more than 50% complete, we may invoice you for the work done up to the point of cancellation on a pro rata basis.

[Photo/design/training]

You are able to cancel our project at any time, with 7 days written notice. We may invoice you for the work done up to the point of cancellation on a pro rata basis.

[ongoing strategy/socials]

Either party can cancel our Agreement at any time, with one month’s written notice. That way, we can finish up creating and scheduling content for the month ahead before ceasing work.

If there is a ‘breach and termination event’ by you, we reserve the right to terminate this Agreement immediately, in writing. Breach and termination events include failure to pay charges on the due date, failure to provide information required for us to deliver the Service, failure to provide feedback and approvals in a timely manner, not responding to communications or directing rude, abusive, aggressive or inappropriate words or actions toward any of our team.

Indemnity and limitation of liability

For the purposes of this Agreement, “Minor/Major failure” follows the definition set out within the Australian Consumer Law.

To the maximum extent permitted by law, you agree to indemnify and hold us harmless in respect of and from all claims, demands, proceedings, liabilities, losses, damages, expenses and costs arising from any Material supplied by you to us and/or the use of our Services agreed to.

To the maximum extent permitted by law, we expressly exclude all prior representations or terms, except those expressly contained in the Agreement and limit our liability (in Contract or Tort) to the total amount of Charges we receive for supplying you with our Services.

If you are a consumer within the definitions of the Competition and Consumer Act 2010 (Cth) Schedule 2 (“Australian Consumer Law”), our Services come with specified statutory guarantees that cannot be excluded or contracted out of. Under the Australian Consumer Law, you are entitled to a replacement or refund where a major failure of our Services occurs and for any other reasonably foreseeable loss or damage. You are entitled to have any part of the Services affected with a major failure to be remedied by us within a reasonable time at our own cost. You are also entitled to be compensated for any other reasonably foreseeable loss or damage caused from a failure in the Services by us to you.

Where the Services or goods we supply you are not of a kind ordinarily described within the Australian Consumer Law or you are not a consumer within the definitions of the Australian Consumer Law, our liability for breach of any guarantee is limited to the extent permitted by the Australian Consumer law to the resupply of those services or goods or payment of the cost of having those services or goods resupplied.

We make no express or implied warranties or guarantees that any of the Services we supply or agree to supply will increase any profit, marketing, branding or similar promotional activity or objectives required in connection, directly or indirectly, with this Agreement.

To the maximum extent permitted by law, we expressly exclude our liability for any cost, damage or loss incurred by you and any cost, damage, loss and/or delay in the performance of our Services under this Agreement where such damage, loss and/or delay to our Services is directly caused by a Force Majeure Event which is beyond our reasonable control.

If a Force Majeure Event occurs, we reserve the right to a reasonable extension of time for the performance of our Services to you under this Agreement.

If we aren’t able to deliver the services as a result of, directly or indirectly, a Force Majeure Event, to the maximum extent permitted by law, we expressly exclude our liability for any damage, loss and expenses and costs caused and you agree to hold us harmless in respect of and from any claims, demands, proceeding, liabilities, losses, damages, expenses and costs, including any third parties, in connection with this Agreement.

A “Force Majeure Event” means but is not limited to any acts of god, war, government, national or international disaster, disease, fire, flood, failures of any kind, including physical, electronic, technological, technical or specific which is not reasonably foreseeable and an inability to obtain adequate equipment or supplies.

Governing law and jurisdiction

This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of New South Wales, Australia.

The parties irrevocably agree that the courts of New South Wales, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims).