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We work well with our clients because our relationships are based on honesty and trust, but all work needs guidance in the form of terms and conditions. Between us Creato (ABN 24 182 779 403) and you the customer
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
You the customer, are hiring us (Creato ABN 24 182 779 403) to create graphic design work such as a logo and/or marketing materials and/or website design and development for the price displayed on our website (www.creato.com.au) or in a quote/ proposal.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work; provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to make full or partial upfront payments as set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
Concepts: Within 5 business days of receiving your logo design brief and payment, Creato will design logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Creato will make any needed changes to your designs until you are completely satisfied.
Should the initial design concepts not meet your requirements Creato will provide 1 round of additional concepts at no additional cost.
File Delivery: After the final logo design is approved, the final logo design files will be sent to you as a digital files (.jpg, .pdf, .eps, .png, .ai graphics file formats).
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Creato retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Creato permission to use client’s name, and/or website address, for testimonial purposes on their website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark.
Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. The client understands that the final logo design belongs to Creato until paid in full. In the event of termination of this Agreement, Creato owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name).
Furthermore, Creato owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Creato reserves the right to display the logo for business promotional use.
Originality: Creato affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond Creato’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Performance Liability: Creato does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Creato be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Creato has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll have regular, possibly daily contact.
Text content: We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
Photographs: You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
Browser testing: Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing: We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for older versions of Internet Explorer and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing: Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox
We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
Technical support: We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can point you in the right direction to on of our preferred hosting providers. We can provide a separate estimate for setting up your site on a server, plus any statistics software such as Google Analytics that you may need. Then, the updates to, and management of that server will be up to you.
Changes and revisions: We specify from the outset the number of revisions we will provide in our packages. Revisions can not include completely new un-agreed upon elements. We’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
Final Deliverables: The final deliverables for each type of work are viewable on the Creato website (www.creato.com.au). If should you require a different set of deliverables please make this known before purchase and we will provide and estimate
Legal stuff: We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Copyrights: First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
Payments: We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the specified payment schedule.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of NSW courts.
The dotted line: By purchasing services from Creato, you accept the above contract. Everyone should keep a copy for their records.