Terms of Business Agreement

1. Introduction

These Terms of Business ("Agreement") outline the relationship between Create Design Studio Limited ("we", "our”, “us") and the Client ("you", "your") for design and print production services. Please read these Terms of Business Agreement carefully before engaging in our services.
By using our services, you agree to the terms laid out below.

2. Interpretation In These Terms of Business:

    • Company - is Create Design Studio Limited.

    • Conditions - means these Terms of Business are to be read and applied to each Estimate, Quote, Proposal, or Outline of Products/Services provided by the Company.

    • Client or Customer - is the purchaser of products and/or services from the Company.

    • Products/Projects/Services - is any work commissioned and provided by the Company to the Client.

3. Services Provided

    • Design Services: Graphic design, branding, packaging design, digital marketing, and other creative design services.

    • Website Building & Development: Creation and development of websites, including custom-built websites, eCommerce sites, and content management system (CMS)-based sites.
      This service includes the design and functionality of the website to meet your specific business needs.

    • Website Hosting & Maintenance: We offer website hosting services, including server space, SEO, domain registration, and ongoing maintenance. We can assist with renewing and managing your domain name, hosting your website, and ensuring yourwebsite's continued functionality.

    • Print Production Services: Printing designs on various materials such as brochures, business cards, posters, banners, signage, packaging, promotional material, and more. Services will be outlined in the proposal or work order, detailing specific deliverables, timelines, and costs.

4. Proposals and Estimates

    • All projects begin with us providing a proposal or estimate, which includes a descriptionof the services, expected timeline, and cost.

    • This proposal is an estimate and may be subject to change based on revisions oradditional work you request. Any requested changes will be communicated and approved by you before proceeding. All costs exclusive of GST.

5. Project Timeline

    • We will provide an estimated timeline for project completion in the proposal. We will make every effort to meet the agreed-upon timeline. We are not responsible for delays caused by circumstances beyond our control, including delays in receiving necessarymaterials, client feedback, or approvals.

    • Once the project has started, any delays caused by the client (e.g., delays in providing materials or approvals) may result in revised timelines and additional charges.

6. Client Responsibilities

    • As the client you agree to provide all necessary information, feedback, and materials (e.g., logos, text, images) promptly.

    • You are responsible for ensuring that all content provided to us does not infringe on any third-party rights, including intellectual property rights.

    • You must review and approve all drafts, proofs, and designs before production begins. Failure to do so may delay the project.

    • It is your responsibility to check that all project outcome details are correct, including but not limited to spelling, dates, product descriptions & prices, contact details, imagery, layout, and dimensions. Please remember that we cannot fix the errors you find when you receive the finished product. Once production is complete, any errors that require design or print corrections will be at your expense.

7. Payment Terms

    • Design Services: An initial minimum deposit of 50% will be required to begin work. Full payment for design work will be due upon completion unless otherwise specified.

    • Website Development Services: An initial minimum deposit of 30% will be required to begin work. Payment for website development services is due based upon agreed milestones, as set down in the proposal. Final payment is due upon completion and before the website goes live.

    • Print Production: Payment for printing services is due in full upon approval of print proofs and before printing begins unless otherwise specified in the proposal.

    • Late Payments: Payments not received within seven days of the due date may incur a late penalty fee.

    • Payment Methods: We accept payments by Bank Transfer, Credit Card, Eftpos, and Cash. Bank account details are provided on the invoice or as requested. We reserve the right to stop work and/or withhold delivery of work until all outstanding invoices are settled.

8. Revisions

    • We include three rounds of revisions within the initial design project, as agreed upon in the proposal. Additional revisions will be charged at an hourly rate of $150.00. All costs exclusive of GST.

    • Any changes requested after the design has been finalised or after print production has commenced will be treated as a new project.

9. Website Hosting & Maintenance

    • In the instance Create Design Studio Limited provides website hosting services, it will be through third-party hosting providers. We will assist with the setup, domain registration, and ongoing maintenance.

    • Ongoing maintenance may include updating content, ensuring security patches are applied, and the website operates correctly. The specifics of maintenance and hosting services will be outlined in the proposal, including any recurring fees.

    • You are responsible for renewing any domains, hosting contracts, or other third-party services not included in our services. We will notify you before renewal dates to ensure continuity.

    • We are not responsible for downtime or technical failures caused by third-party hosting providers or other external services. We reserve the right to stop work or interrupt website services until outstanding invoices are settled.

10. Design & Print Production Delivery

    • We will provide soft proofs for your approval before production begins. It is your responsibility to carefully check proofs for accuracy, as we are not responsible for any errors not identified in the proofing stage.

    • All print production is subject to standard industry tolerances for colour, resolution, and material consistency/availability.

    • We are not responsible for delays or errors in print production caused by external suppliers or issues beyond our control (e.g., paper shortages, printer malfunction).

    • Delivery of printed materials will be made via the method agreed upon in the proposal, and delivery costs are the client’s responsibility unless otherwise specified.

10.1 Shipping and Delivery

    • Delivery will be made through standard shipping methods. If expedited shipping is required, additional charges may apply. Shipping charges will be outlined in the proposal.

    • Risk in the goods passes to you upon delivery to the shipping carrier.

    • We are not responsible for transit delays.

11. Ownership and Copyright

    • Upon full payment, the intellectual property rights to the final designs created for your project will be transferred to you, subject to any third-party rights, licenses, or restrictions.

    • We retain the right to use the work created for promotional purposes, including showcasing the work in our portfolio, website, or marketing materials.

    • Any designs or work not paid for in full remain the property of Create Design Studio Limited

11.1 Intellectual Property

    • You are granted a non-exclusive, non-transferable license to use the designs for thepurposes agreed in the project scope. The license is only valid after full payment for theservices is received.

    • Any preliminary drafts, ideas, or concepts not used in the final design are the property ofCreate Design Studio Limited.

12. Confidentiality

    • All information and materials you have provided will be kept confidential, and we will not disclose any details to third parties without your permission except as necessary to perform our services or as required by law.

    • You are responsible to keep confidential any materials, designs, and intellectual property shared during the project.

13. Termination

    • Either party may terminate the project by providing written notice if the other party breaches these terms and the breach is not corrected within seven days.

    • If you terminate the project before completion, you are responsible to pay for all work completed up to the termination date, including any unrecoverable costs.

    • If we terminate the project due to your breach, you will remain liable for payment for all services rendered.

14. Limitation of Liability

    • Our liability to you regarding this Agreement is limited to the total amount you paid for the project in question.

    • We are not liable for any consequential, indirect, or special damages, including lost profits, arising out of/or in connection with the design or print services.

    • We are not liable for any consequential, indirect, or special damages, including lost profits, arising out of/or in connection with the design or print services.

15. Dispute Resolution

    • In the event of a dispute, both parties agree to attempt a resolution to the matter through informal negotiation. If the dispute is not resolved, it may be submitted to mediation or arbitration as mutually agreed upon.

16. Miscellaneous

    • If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

    • These Terms of Business represent the entire Agreement between you and Create Design Studio Limited and supersede all prior agreements or understandings, whether written or oral.

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