We help Queensland businesses build
attractive and successful websites
We help Queensland businesses build
attractive and successful websites
Last updated 9 April 2012
The standard terms and conditions for projects undertaken by GO Creative Australia Pty Ltd ("GO Creative", "We", "Us", "Our") are listed below. It is vital that you ("the Client", "You", "Your") read and fully understand these terms and conditions, and their implications, before you commence any project with Us.
We reserve the right to alter these terms and conditions at any time without notice. Please contact us if you do not understand any of the terms or conditions in this document.
Approval of a project quote or other work estimate and payment of the project deposit to Us constitutes Your understanding and acceptance of these terms and conditions. A hyperlink reference to this website page is provided on every project quote and invoice issued by GO Creative.
All project work assumes goodwill from both GO Creative and the Client regarding:
Graphic design, web design, strategy, photography, videography, marketing and related services are all highly creative and subjective art forms. As such, We take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however We cannot be held responsible for variations between expectation and outcome.
It is agreed that the fee for service shall be for the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, the Client agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where possible, the Client will be notified of increases in the scope of the project prior to the additional work being undertaken.
Costs incurred by GO Creative for the purchase of stock images, typefaces/fonts, website hosting packages and other resources on behalf of the Client are at additional cost to the Client, unless specified otherwise in the Project Quote.
This is defined as any work involving additions to the list of items defined in the Project Quote, or changes to any and all pieces of completed projects, after approval by the Client or an authorised representative thereof.
From time to time the Client may require extra design requirements during a project, or extra files upon completion of a project. The Client will be informed that the alterations or changes requested fall outside the scope of the original quote or estimate. If the Client wishes these alterations to be made they must agree in writing, and a fee of $75 per hour will be payable.
Should additional work not initially quoted for be requested during the project, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of the final product/s.
Quoted timeframes are dependent upon GO Creative receiving all necessary information, resources and approvals from the Client in a timely manner. Any delays to the completion of the project caused by the Client will not void the contract. However, GO Creative reserves the right to postpone or terminate any project if the Client has not reasonably met these requirements.
GO Creative shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of GO Creative including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
The Client agrees to pay a 25 per cent (25%) deposit of the quoted amount to commence any project. Once research, resources allocated or any other work has commenced on a project, this deposit is non-refundable.
At Our discretion, You agree to make progress payments, of equal value or otherwise, with any outstanding amount payable in full upon delivery.
All ongoing monthly services are billed at the beginning of the service period (i.e. paid in advance). Such services provided by GO Creaitve will be suspended until each invoice has been paid by the Client.
All printing accounts must be settled in full prior to the release of the files to the printer.
Publication and/or release of work undertaken on behalf of the Client by GO Creative may not take place before cleared funds have been received.
Accounts which are not paid by the due date (as per Our invoice/s) will incur a late administration fee of 10% of the invoice total. Accounts which remain outstanding for 14 days after the due date will incur an additional late payment fee equivalent to 5 per cent (5%) of the project total for each week payment is outstanding. Clients having difficulty paying their invoice must contact GO Creative as soon as possible to discuss an equitable solution.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or the Client has stated expressly that they do not intend to pay an invoice by GO Creative, unless prior arrangements have been made.
GO Creative shall at its sole discretion suspend any and all services provided to the Client by or on behalf of GO Creative or its subsidiaries (including but not limited to hosting, websites, files, concepts, artwork and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including but not limited to design, hosting, domain registration, search engine submission, maintenance, subcontractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the Client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions, will be removed and held until payment is made or for 30 days until the Client has paid for their invoices in full.
The Client whose account is in default agrees to pay GO Creative reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
GO Creative retains all copyright for work performed until full project costs have been paid. We reserve the right to re-use or re-sell work undertaken in the case of payment default.
GO Creative accepts no liability or responsibility for loss of income or damage to the Client for work removed from third party servers or other service providers as a result of non-payment and the Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the Client cancelling a project after a project has commenced, the deposit and all progress payments will be forfeited in lieu of compensation to GO Creative. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. Ownership of all copyrights and the original products, including but not limited to artwork and websites, shall be returned to and retained by GO Creative.
Additionally, if the project is more than 50 per cent (50%) complete (or as negotiated by GO Creative and the Client at the time of project commencement by way of the deposit value), a pro-rata payment for time spent beyond the deposit and/or progress payments received is payable at the time of project cancellation, at the rate of $75 per hour. The Client must also pay all fees incurred by GO Creative in the course of the project, including but not limited to stock photography purchases, service payments such as web hosting, and subcontractors.
If a project is cancelled by GO Creative due to unforseen circumstances, the deposit will be refunded in full to the Client in a timely manner. No other monies will be payable to the Client by GO Creative.
While GO Creative takes all care to avoid errors, We accept no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production. It is the responsbility of the Client to proof read and approve all final copy/content/layout before the production of artwork or publication of websites.
The email verification of the Client or an authorised representative thereof shall be conclusive as to the approval of all work prior to their release for printing, implementation or installation. No refunds or reprints are given after a Client-approved product/design has gone to print.
Once web design is complete, GO Creative will provide the Client with the opportunity to review the resulting work. GO Creative will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the design. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be provided to GO Creative in writing. GO Creative will consider that the Client has accepted and approved the original draft if no notification of changes is received in writing from the customer within 14 days of the start of the review period. After this time, an hourly fee of $75 is payable for all amendments.
When We have completed all of the project requirements and provided the final Deliverables to You, You have seven (7) days to notify Us of any errors or changes. Any changes within the scope of the project will be made promptly; all other changes may be subject to additional fees.
If You have not reported any such changes to Us within seven (7) days, We will submit to You an invoice for the balance of the project.
Once a website is published, the Client is wholly and solely responsible for the content that appears on the website, including but not limited to pages, text, images, videos and hyperlinks. GO Creative is under no obligation whatsoever to monitor, moderate or create content unless specified in the project quote.
Unless specified otherwise in the Project Quote, the Client is responsible for inserting all initial content into their website except for the information visible in the website's main design template, such as phone numbers or menu items in the header, and copyright information in the footer.
GO Creative is under no obligation whatsoever to restore, correct or remove any content that has either been added or approved by the Client or an authorised representative thereof. GO Creative does not guarantee that any deleted website content can be restored. Fees may apply to any such requests.
It is agreed that GO Creative is not responsible or held liable for any errors contained in the final product after the final product has been approved by the Client, committed to print and/or posted in view of the public. We will not be held responsible for any changes or amendments made after approval. It is the sole responsibility of the Client to notify GO Creative of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the Client must inform Us within three (3) days of product acceptance and must return the product (at the Client's cost) within 10 days of acceptance for assessment.
As with all print projects, re-prints must be pre-paid to Us by the Client.
With all printing there may be some colour variations from what appears on a monitor, TV or other electronic device, to the final printed product, including previous orders. This is due to the nature of CMYK printing and bulk-run printing system. In all such cases, there will be no reprints at Our expense.
GO Creative creates websites which are functional, at the time of project commencement, for the following:
GO Creative is under no obligation whatsoever to update or maintain any website after its release to meet future operating system, browser or plugin requirements unless commissioned specifically to do so under a new project.
Minor display or functionality differences may occur between operating systems, browsers, plugins, and versions of these. Where reasonable efforts have been made by GO Creative to minimise these issues, the Client accepts that no further action is required by GO Creative.
Where the Client loses or accidentally deletes the files delivered by GO Creative at the completion of the project, they can be re-sent online via email or a website at no cost to the Client. Files re-sent on a disc, USB drive or other physical medium will incur a fee of $35 plus consumables and courier/postage costs per request.
The Client agrees to supply for free, in addition to fees for service, any number up to 10 printed samples of every item produced for the Client by GO Creative during the course of the project (We will specify the quantity for each project).
The Client also agrees to allow a small credit, such as 'Website by GO Creative', as well as a link to the GO Creative home page at www.go-creative.com.au, on the footer of any/all website pages designed by GO Creative. Removal of this credit without written consent by GO Creative constitutes a breach of these terms and conditions.
The Client agrees to allow GO Creative to showcase any/all work created in the course of a project as part of Our portfolio. We acknowledge the confidential nature of projects and agree to only display project work once the product/website has been publicly launched/commenced.
It is agreed that all work and materials provided for the Client by GO Creative, and vice versa, will be free and clear of all liens and encumbrances and may be lawfully used by the relevant party (GO Creative and/or the Client) without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright, trade secret, patent or trade mark rights of any third party.
It is agreed that GO Creative indemnifies and holds the Client harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the Client or its employees, and it is agreed that we shall notify the Client in writing of full details of any such claim.
Under no circumstances shall GO Creative be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the supplies prepared by Us, including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
GO Creative retains full ownership and intellectual property rights to materials it designs and produces either electronically or physically prior to final approval by the Client. Once a final product is delivered to the Client and full payment for the complete project has been received, all ownership and intellectual property rights of the final materials transfer to the Client. Unused products, including but not limited to unapproved concepts, drafts and revisions, remain the property of GO Creative. We may still use paid-for products in Our promotional materials and portfolio. Unless the Client requests otherwise, GO Creative retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment, GO Creative retains ownership of all materials, including but not limited to artwork, files and website architecture. We reserve the right to retain and use certain elements used to create materials, such as those used in the creation of artwork and websites, including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
GO Creative reserve the right to use stock images in the creation of designs if required. If not included in the project quote, such costs will be outlined to the Client prior to any purchase.
Other than for the promotional use of GO Creative, all services provided shall be for the exclusive use of the Client's said purposes only. Designs may not be used for other promotional items, website or printed materials without written permission. Upon payment of all invoices, reproduction rights for all approved final products created by GO Creative shall be outlined in the project quote. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act 1968, 'licensing of copyright is subject to a mutual agreement made between client and designer'. Copyright will remain property of GO Creative until such time as an agreement is in place. As part of Our terms of business, the copyright licence is automatically released to the Client on receipt of final payment for the commissioned work. GO Creative reserve the right to use all materials produced in the course of the project (including any and all materials not selected/approved) and revisions for the purposes of promoting GO Creative in print or digital media portfolios, social media and blogs, except where the Client has specifically requested in writing otherwise.
It is agreed that websites (including but not limited to the design, programming files, database, content, images or any other files) developed for You by GO Creative may not be duplicated by You unless specified otherwise in the original website development quote or agreed in writing.
If any such website is duplicated without Our written consent, You agree to pay Us, at a minimum, the full fee, as agreed in the original website development quote, for each new (duplicate) website. We reserve the right to seek further compensation for any such duplicate websites.
It is agreed that employees of GO Creative, including subcontractors, shall not at any time, either during the continuance of the work outlined or for 12 months thereafter, except in the course of their duties, divulge any of the confidential affairs of the Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the Client.
GO Creative aims for complete security of our Clients and if we select contractors it is based upon previous work, references, checks with previous employers and compliance with Our guidelines of professional behaviour and ethics.
All contractors employed by GO Creative are held to a strict confidentiality and non-disclosure agreement. Contractors of GO Creative are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with GO Creative. If this was to be breached by the contractor, GO Creative will take swift and reparatory measures to ensure the the Client is made aware that the contractor in question is no longer a representatives of GO Creative and acting independently. Furthermore, if necessary the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases. GO Creative cannot be held responsible for any breaches of this confidentiality clause by subcontractors.
Unlimited email and phone support is provided during GO Creative business hours only. GO Creative will rectify any website issues caused directly by Us through error, either during or after a website has been developed. Correcting all other issues is at the discretion of GO Creative.
GO Creative provides detailed instructions and information to assist Clients with services such as email and website statistics. This information is provided as a courtesy only; We are under no obligation whatsoever to provide additional assistance to any Client who has not followed our instructions correctly. This includes, but is not limited to, Clients who are unable to configure their email account on a mobile device.
Any and all amendments to these standard terms and conditions outlined on this website must be provided in writing by the Client and signed by an authorised representative of GO Creative prior to the commencement of any and all work.
