Terms & conditions
BACKGROUND
The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. The Contractor (Emmanate Creative) is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
ACCURACY OF INFORMATION
The client agrees that the accuracy of information supplied to Emmanate Creative is the sole responsibility of the Client and that Emmanate Creative is not responsible and shall not be liable for the results of services performed on the basis of inaccurate, or incomplete or unlawful information provided to Emmanate Creative. Any text with extensive changes must also be provided as marked up on PDF indicating the revised text.
ADDITIONAL REVISIONS
Excessive rounds of revisions leading to additional hours of work beyond the original quote may result in additional costs, especially if we haven’t received effective feedback. Clear communication about your expectations and providing detailed feedback at each stage ensures that we capture and refine your vision accurately. Should additional time be billable, we will communicate this with you in advance, maintaining transparency throughout the process.
AUTONOMY
Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
CAPACITY/INDEPENDENT CONTRACTOR
In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
CLIENT APPROVALS
The Client will approve and proofread all final designs, type, press proofs and test sites. Emmanate Creative will make all efforts to ensure that no information is misrepresented. However, the Client assumes all responsibility for content, spelling and grammar. The Client’s approval of all materials and artwork will be assumed after the work has been submitted to the Client for review, unless the Client indicates otherwise in writing.
CLIENT CHANGES
In order to avoid errors, text changes and corrections will not be taken over the telephone and must be provided electronically. Any text with extensive changes must also be provided as marked
up hard copy, indicating the revised text.
COMMUNICATION
Effective and timely communication is paramount. Your commitment involves staying engaged, promptly addressing queries, and providing timely and comprehensive feedback. This collaborative approach ensures a smooth design process. Extensive delays at approval stages may attract additional costs / or your project rescheduled to the next available month.
CONFIDENTIALITY
Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
CURRENCY
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars) and are GST inclusive, being goods and services tax as defined in a New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where services are provided outside of Australia, GST is inapplicable.
DELAYS AND TERMINATION
Either party may terminate this agreement by giving 30 days written notice to the other. The obligations of the parties shall continue during the notice period. All payments received are not refundable in the event the project or the relationship is terminated for any reason. If any part of the work for this project is delayed for longer than 30 days, Emmanate Creative will bill for work completed.
EQUIPMENT
Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales.
LATE FEES
Clients who consistently fail to respond to questions in a timely manner, do not supply needed information or otherwise impair efficient workflows, increase administrative time, and prevent Emmanate Creative from working to optimum standards and serving other clients in a fair and equal manner, Emmanate Creative reserves the right to impose late fees and/or increase hourly rates of Clients who fall into this category.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
The Provider grants to The Client a non-exclusive, transferable, royalty-free, perpetual licence to use and intellectual property rights owned by the Provider which have been used in completion of the Services, that were already in existence prior to commencing the Services.
OWNERSHIP OF WORK
You, the client, have ownership of your final logo or design for use in any media application that is beneficial to your business. Emmanate Creative retains the right to use the final logo or design, or any versions of the logo or design created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The client also gives Emmanate Creative permission to use client’s full name, business address, and/or website address, for testimonial purposes on her 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.
The client understands that the final logo or design belongs to Emmanate Creative until paid in full. In the event of termination of this Agreement, Emmanate Creative owns the logo and has the right to complete, exhibit, and/or sell the logo or design (not including business name). Furthermore, Emmanate Creative owns all the logo or 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 Emmanate Creative reserves the right to display the logo for business promotional use.
PAYMENT
All invoices can be settled via Direct Deposit or via STRIPE which takes Credit Card payments. Please note that a 1.7% processing fee will be passed onto the client. When you accept your proposal, we will invoice you for 50% of the total cost of the work. Payment will be due within 7 days. This is considered a non-refundable deposit. When the work is completed, we will invoice for the remaining 50% of the total cost of the work. Payment will be due within 7 days.
REIMBURSEMENT OF EXPENSES
The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
All expenses must be pre-approved by the Client.
RETURN OF PROPERTY
Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
SCHEDULE OF WORK
The work outlined in this proposal will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will incur an additional fee. Our schedules assume timely review and response by Emmanate Creative of all deliverables.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
SCOPE CHANGE
Should your project scope evolve, transparent communication is vital. Changes to the initial agreement may impact timelines and costs. Your commitment involves discussing scope adjustments promptly, ensuring we navigate changes collaboratively and efficiently.
SERVICES PROVIDED
The Client hereby agrees to engage the Contractor to provide the Client with the services (the “Services”) outlined in the proposal.
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
TERM OF AGREEMENT
The term of this Agreement (the “Term”) will begin upon acceptance of the proposal and will remain in full force and effect until the completion of agreed upon project, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
WAIVER
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
WORK HOURS/DAYS
This agreement assumes work will be completed within the standard work week (Monday to Friday, 9am to 5pm AEST). Emmanate Creative is closed on all major holidays and the entire week of Christmas and New Years.