Creative Content
Terms and conditions

Proposals and scope of works

Creative Content produces price estimates and brief proposals free of charge, as well as providing consultancy on marketing suggestions and content strategy and so on.

Consultancy is provided in good faith based on our knowledge of your needs and the marketing and content solutions within our specific area of expertise. We cannot accept liability of any kind for actions that client businesses take, or refrain from taking, as a result of acting on our advice.

If the project is very large or complex, or work is required in order to clarify its scope and time scale, we may ask that the creation of the proposal be regarded as a chargeable task in itself, to be invoiced separately from the main project if you decide not to proceed.

Extra work

We reserve the right to make additional charges in some situations, for example:

Changes: Reasonable changes (affecting up to 10% of the of the project) are included as part of the project proposal. Changes or additional requests not specifically covered in a proposal or a substantive change to the project scope will be charged extra. We will always notify you and discuss costs in advance of undertaking work if we believe that a request is out of the quoted project scope.

Resubmissions: The charge for editing supplied text and content may be re-applied if you supply anew version that supersedes a version previously understood to be final.

Unused/deleted material: No cost reduction is applicable in the event that you delete, request that we delete or decide not to use text that we have created as previously agreed.

Dates and timelines

If proposals include information on dates and timing, clients should bear in mind that if particular dates are missed due to circumstances not under Creative content’s control, it may not be possible to meet the time commitments given later on in the timeline.

E.g. if we are waiting on a reply or content to be supplied by you and this content is critical to completing a timeline we may not be able to meet the timeframe agreed.

Also, please note that it may not necessarily be possible that the entire timeline be ‘moved back’ by a given number of days, as it may depend on the availability or workflow of third parties. The timings of weekends and holidays can also have an impact, for example if approval to print is given on a

Friday rather than a Thursday. We will provide up-to-date information on timings as projects progress.

Purchase orders/ agreement in writing

Before beginning work on your project we will require a purchase order of some kind from you. This can be a formal document if your organisation uses them, or simply an acceptance of our quote confirming the scope of the work and fee from our quotient program.

In the situation where the agreed fee has been ‘used up’ without the work as detailed in our proposal being completed, we reserve the right to cease work and wait for a further purchase order before continuing.

Disputes

At any stage of a project that is underway if a dispute or conflict arises we will aim to respond fairly and promptly to address any concerns. We request the right to charge for projects that we have undertaken but are halted by the client for whatever reason and will bill for the work to date.

Payment

Creative Content have the right to charge interest at 2.5% above the current overdraft rate per month on any balance outstanding after the 20th of the month, at their discretion.

All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment.

If you have engaged Creative Content on behalf of a third party, you are liable to meet all costs in the event of the third party defaulting on payment.

Terms of trade for subcontractors

Subcontracted work arranged by Creative Content and provided by a third party.

This third party will contact you directly to arrange their terms of trade. These terms typically include the payment of a 50% deposit on the first assignment they carry out for you. (e.g. photography, printing, SEO).

Invoicing

On completion of the work we will submit an invoice to you for the agreed amount. We will not submit an invoice that differs from our estimate without prior agreement.

On larger projects such as websites that may take a few months to complete and involve multiple subcontractors and workflow management we may request the right to invoice monthly, or at agreed project milestones. We generally request a 50 % deposit to begin a new project.

Our terms for payment of invoices are 20th of the following month.

PRIVACY ACT

You the client permits Creative Content to collect use and retain information concerning you or your business, for the purpose of assessing your credit worthiness or to enforce any rights under this contract.

You the client permits the Creative Content to disclose information obtained to any person for the purposes set out above.

Copyright and imprint

Copyright in all published content (such as text and designs produced on your behalf) will pass to you on payment of your invoice, with the exception of licensed materials such as photography, which remain the property of the licensor and subject to their terms and conditions.

You accept all responsibility for any copyright issues arising from the publication of content produced by us that summarises, rephrases or otherwise refers to third-party sources at your request and as part of the agreed assignment.

Fair dealing

Notwithstanding the above clauses on copyright and imprints, unless explicitly agreed otherwise or explicitly requested by you, by commissioning us you grant us permission to:

Content disclaimer

ACCEPTANCE:

Any instructions received from the client for the supply of services, shall constitute acceptance of the terms & conditions contained herein.

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