Terms & Conditions

1. Engagement

We agree to provide the services and/or deliverables listed under the ‘Scope of Works’ section (the “Services” and “Deliverables” respectively) in the above quotation (the “Quotation”) in consideration for payment of the Project Fees defined below.

2. Deliverables and Revisions

We will use all reasonable endeavours to provide our Services and Deliverables in accordance with mutually agreed timeframes.

Upon delivery, you will have the opportunity to provide feedback and request a maximum of two sets of revisions to each Deliverable. We will incorporate your feedback, to the extent we consider appropriate in our professional judgment. We reserve the right to charge for further sets of revisions or where you require revisions which are outside the scope of work in the Quotation.

3. Project Fees and Estimates

Each Quotation contains an estimate of our fees for the Services and Deliverables (the “Estimated Fees”). You acknowledge that the Estimated Fees are strictly ‘estimates only’ and subject to change. Where additional time or expense is required to provide the Services or Deliverables outside the estimate contained in our Quotation, we may charge up to 10% more than the Estimated Fees, without notice to you and without your approval. Otherwise we will seek your approval before charging you fees that exceed more than 10% of the Estimated Fees.

In addition, if you require us to supply additional goods and services not listed in our Quotation (leading to an increase in work required by us), you agree that we will charge additional fees to cover these goods and/or services (“Additional Charges”). We will seek prior approval from you for all Additional Charges.

The total fees payable by you in relation to the Quotation are referred to as the “Project Fees”. All Project Fees are exclusive of GST unless otherwise indicated. You will be required to pay GST where we supply you with a valid tax invoice requesting GST.

4. Expenses

Where practicable, we will seek your approval prior to incurring expenses on your behalf during the provision of the Services (“Expenses”). However, you acknowledge that this may not always be possible and certain Expenses may be required to be incurred urgently.

The kinds of Expenses we may need to incur include (for example) purchase of stock photos, printing, courier costs and graphic arts supplies.

Our Project Fees are exclusive of Expenses, and we will invoice you for all Expenses in addition to the Project Fees, unless otherwise indicated in our Quotation.

5. Deposits

Where a deposit is listed in the Quotation (the “Deposit”), you must pay this in full before we will commence work.

6. Providing Feedback – Your Obligations

You agree to provide us with complete, constructive and timely feedback and approvals wherever sought by us, including in our initial briefing questionnaire. You acknowledge that your failure to provide timely feedback may result in a delay in our delivery of Services and/or Deliverables to you.

7. Payment terms

We will invoice you for our Services at suitable intervals determined by us. You agree to pay all of our invoices within 14 days of receipt, by bank transfer or via the Stripe payment system according to the details nominated on the invoice. We reserve our right to suspend work on the Services and/or Deliverables if you have not paid an invoice on time and we also reserve the right to charge interest at a rate of 5% per day for all late payments. You acknowledge that ‘time is of the essence’ when paying our invoices under this Agreement.

We are not required to release the completed version of the Deliverables to you until the balance of the Project Fees has been paid in full.

8. Intellectual Property

We retain exclusive ownership of all intellectual property (including copyright) in the final versions of the Deliverables, draft and development work created by us in the course of providing the Services and creating the Deliverables and in our pre-existing processes, technology, copyrights and information (jointly the “Five IP”).

Upon payment of the Project Fees and any Expenses in full, we shall grant you a licence to use the final versions of the Deliverables subject to any restrictions or conditions set out in the Quotation. If you wish to seek additional rights to use the Deliverables, please contact us for pricing.

You confirm you have the necessary legal rights to use all content and third party materials you provide to us in connection with the Services and/or Deliverables, and you indemnify us against all loss, damage, costs and liability resulting from any third party infringement claims relating to our use of any such materials.

You agree that your rights to use any third party material embodied in the Deliverables that we give you, such as stock images and licensed materials are subject to terms imposed by the relevant third party owner (“Third Party Licences”). You shall be responsible for maintaining all applicable Third Party Licences.

9. Credits and Show-reel

Where noted in the Quotation, you will afford us with a credit when reproducing certain Deliverables.

Unless otherwise agreed, we will have the right to reproduce, publish and otherwise use all Deliverables for self-promotional purposes and non-commercial purposes, including online and in print.

10. Cancellation & Termination

If you wish to cancel our Services and terminate this Agreement, you must provide 14 days’ written notice.

Either you or us (the “Terminating Party”) may terminate this Agreement if the other person breaches a term of this Agreement and fails to remedy the breach within 7 days of receipt of written notice from the Terminating Party.

Where this Agreement is terminated above, we will invoice you for our Services performed up to and including the termination date with such final amount to be determined by us taking into account any payments already made by you. You will also be liable to pay for all expenses, third party costs and service fees that we have incurred or have committed to incur in relation to the canceled Services. Where this Agreement is terminated and we have already provided you with partial or completed Deliverables, we may revoke your rights to use some or all of these.

11. Sub-contractors

We reserve the right to engage sub-contractors of our choice to assist us in providing the Services and shall be fully responsible for their work.

12. Limitation of Liability

With the exception of Consumer Guarantees, we exclude any term, condition or warranty that may otherwise be implied into this Agreement, the supply of the Deliverables or our services relating to the Project. “Consumer Guarantees” shall mean any right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded. Nothing in these Terms and Conditions purports to restrict, limit or override the Consumer Guarantees.

Without limiting the foregoing, where we create a website for you as a Deliverable (a “Website”):

  1. We do not warrant that you will have functional, uninterrupted, bug-free or continuous access to the Website, nor that the Website will be free of technical faults or viruses or other risks to security, because this is dependent on the steps that you take to maintain the Website and the variables in your own computer system and those of your users;
  2. Notwithstanding the foregoing, during the first one (1) month following delivery of the Website, we agree to provide you with a total of up to four (4) hours of reasonable technical support and assistance to maintain and update the Website (including correcting any errors or faults);
  3. We will bill you for any support or assistance you require after the period of assistance under clause 12.b above;
  4. You agree that you are responsible for maintaining the Website and ensuring its security at all times;
  5. We exclude any liability for any loss or damage that you may suffer as a result of any outage or unavailability of the Website, except where due to our own proven negligence.

13. Miscellaneous

This Agreement constitutes the entire agreement between the parties and cannot be altered except in writing signed by both parties.

This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

The terms of the Quotation override these Terms and Conditions to the extent of any inconsistency.

I,
from
agree to the Scope of Works outlined in Five Creative’s quotation above and hereby formally engage Five Creative to proceed with the items detailed within this quotation.






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Contact

All Enquiries Phone: +61 (0) 3 9826 2174
Email: info@fivecreative.com.au

Studio Address Level 1 / 592 Chapel Street
South Yarra, Melbourne 3141
Australia

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