TERMS & CONDITIONS

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

Summary

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.

Logo Design & Branding

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.

Web Design

As our client, you have the power to enter into this contract on behalf of your company or organization.

You agree to provide us with everything necessary to complete the project including logo, text, images, link(s) to social media, hosting credentials and any other information we request as we need it, and in the format we require. We wish to avoid any delays. Deadlines work both ways and you as well will be bound by any dates/timelines that we set forth. You also agree to adhere to the payment schedule outlined in this agreement.

We have the experience and ability to perform the requested services and will carry out our work in a professional and timely manner. We cannot be held responsible for a missed website launch date or deadline if youʼve not provided all content and/or revisions on time.

Timeline: Our estimated time required to complete your website is 30-60 days. We will commence the work after we have received all necessary information pertaining to the website and the non-refundable initial deposit of 50%. Please also keep in mind that we rely on you and your team to provide us with the necessary assets (including but not limited to website text, photos, social media, products, pricing, etc.), and approvals in order for us to work on your website, and to avoid impacting your website launch date.

Error Review: We provide you with a 7 day window from the date of website migration to your hosting for error review. This does not include new website revisions, but errors that may have occurred during migration. It is your responsibility as the client to review your website during this time and point out any errors to be corrected. Any error that you find after the 7 days, will be charged our regular hourly rate of $120.00.

Migration Of Website: Once the project deliverables have been approved, we require full payment of your projectʼs remaining balance before migrating your website onto your hosting. From the time the website is completed and ready for launch, you have a maximum of 30 days to provide us with your hosting and domain information. If that information is not provided, thereʼs a possibility that the website will be removed from our server without notice. Extensions can be provided upon written request.

Browser Functionality: All of our websites are tested for functionality on current Safari, Chrome, Firefox internet browsers. We do not guarantee that your website will look exactly the same on every screen, and may appear differently due to varying screen resolutions and aspect ratios.

Concent: 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.

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.

Quotation: We’ve prepared the price quote based on everything that we have discussed, including any correspondence via email, in-person, or phone calls. We are only responsible for the items we have agreed upon. Items not discussed or agreed upon are not part of the project nor have they been included in the quoted cost. Additional billable time will be incurred to you as the client at our hourly rate of $120.

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. If no set number of revisions is agreed upon, revisions will not exceed 10% of the total budget of web development time (Billable at hourly rate of $120.) Should you request additional revisions beyond what is included, or that exceed the allocated time, you will receive an email notification from us requesting a confirmation that you wish to proceed with said revisions and agree that you will be billed at our hourly rate of $120. After we have received your confirmation we will proceed.

Allowances: You’re responsible for the cost of any outside paid assets. This is included but not limited to hosting, domains, SSL certificates, third party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third party plugin or software, recommended or otherwise.

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.

Exclusive Design Credit: Weʼre proud of our work and reserve the right to apply the text “Designed by Creato” on your website. Should you wish to remove the credit, a fee of $250 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “Designed by Creato” will be visibly displayed on your site acknowledging design credit.

Payment Schedule: Like a parking ticket, this agreement is non-transferable and non-refundable. The initial deposit does not constitute a credit, and therefore cannot be used toward our other services. You are accountable for the full balance of your contract whether you decide to complete website or not.

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.

Liability: Creato will do everything possible to build you an amazing website, but we accept no liability for your sales, revenue, and/or the success of your website/business directly, indirectly, or consequentially.

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.

This contract is a legally binding document, and cannot 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.