FORMULA CREATIVE
At FORMULA CREATIVE, we will work in good faith for the best possible outcome for both parties, now and in the future. All services will be carried out in a professional and timely manner with agreed deadlines maintained and confidentiality of all information supplied.
All content supplied by the Client, including but not limited to logos, wording, images, document, drawings, information in writing will deemed to be the exclusive property of the Client, with the appropriate ownership to reuse this content in material designed by Formula Creative.
As our client, you agree to provide us with everything we require to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You also agree to review our work, provide feedback and sign-off approval in a timely manner. You also agree to the payment structure set out within your quote.
Please take time to read through our Terms and Conditions thoroughly and ensure you understand them. By requesting services from Formula Creative you agree to our ‘Terms and Conditions of Contract’ below, and you are aware that you are entering a binding contract - where payment for services and production costs are required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Formula Creative, its contractors, subcontractors, employees or suppliers (the Company) unless otherwise agreed to in writing by both parties.
General Terms of Contract:
1) These Terms and Conditions cover all work entered into by the Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, signage, images and photography (Artwork).
2) If these Terms and Conditions change we will notify you beforehand.
3) These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
4) The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. This will assist in the evaluation and formulation of the Client’s business design requirements.
5) Any additional work, revisions or variations outside of the original Brief will be charged at an hourly rate, billed in 30 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
Payment Terms of Contract:
6) The Company reserves the right to request a deposit from the Client prior to starting work on their project. The Company will request a 50% deposit for initial projects for non-existing clients and for all projects exceeding $1000. An invoice will be generated and delivered to the client via email and payment is expected via direct deposit before the commencement of the job. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
7) If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
8) The Company reserves the right not to proceed with these services or any other projects until payment has been received in full from the Client.
9) The Company reserves the right to invoice for work commenced or completed by the Client’s request if the project exceeds 30 days.
10) All payments are to be made within 7 days of invoicing or unless specified differently.
11) The Company is entitled to charge the Client a further 10% of the final invoiced amount for the recovery processes of accounts that remain unpaid in excess of 30 days.
12) The Company reserves the right to suspend work on all/any Client/s projects as a result of disputed accounts and/or accounts exceeding 30 days outstanding payment.
13) The Company reserves the right to charge additional costs if the Client requests amendments to the original Brief, or further Artwork is requested outside of the original quotation or after x2 rounds of Client changes.
14) If the Client requests the cancellation of a Project/Contract, the Company will determine the cost of Artwork and services provided to date and will invoice this amount minus any deposits paid on the project to date.
15) If the Company is required to work outside of normal business hours (8.30am - 5pm) Monday to Friday to complete/deliver a project to meet a specific deadline, an additional loading charge will incur. A priority fee may be incurred if the client requests an immediate project turnaround.
16) The Company will declare a project completed if no response is received from the Client within 30 days of providing a concept and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Debt Collection or legal action may also be taken by the Company to recover monies owed.
Proofing and Approval Terms of Contract:
17) The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required, or if significant changes require an updated proof. Whilst every effort has been made for accuracy, your approval to proceed constitutes acceptance of full responsibility for any errors and omissions within the Artwork that have not been identified in the approval process. Formula Creative will not accept liability for errors overlooked at the stage of final proofing.
Ownership and Copyright Terms of Contract:
18) Ownership of copyright and Intellectual Property (IP) of final artwork - including, but not limited to; logos, symbols, compositions and copy - remains with The Company until final payment has been made, at which time ownership of copyright and IP will be transferred to the Client. Use of these Artworks by the Client before payment is strictly prohibited unless authorised in writing by The Company. Ownership of draft concepts outside of the final approved artwork remains the property of The Company.
19) The Client is responsible for all trademark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials uses for this project. The Client indemnifies the Company against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the Client.
20) Artwork designed by the Company will remain the property of the Company until the account is paid in full.
21) Upon full payment of the account, the Final Finished Art PDF will be transferred to the Client if requested.
22) Due to industry licensing fees and regulations, the Company remains the owner of all original raw design files created by purchased software.
23) The Company reserves the right to charge a file transfer and collation fee for any requested Finished Art or associated project materials requested by the Client after the project has been completed.
24) Fonts and images (provided by the Company) cannot be transferred to a Client or Third Party without purchase from the original supplier.
25) The Client also agrees to allow The Company the right to use Artwork and all design elements created by The Company for portfolio/self-promotion in print and digital format.
Appointment:
26) Upon signing this agreement, The Client has agreed to appoint Formula Creative as the sole creative agency to provide graphic and digital design services, for the specific project requested. During this appointment The Client is also prohibited to enter or engage the services of a current or previous supplier of Formula Creative during the appointment period. The appointment period is deemed to be from the acceptance of the Quote, until Final Invoice has been sent. Either party may terminate this appointment in writing.
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