Terms and Conditions
We like to be upfront with you from the start on how we run our business to ensure we deliver a high standard of service and conduct to our clients.
Please read the Terms and Conditions laid out within this page. It is important that you adhere to the conditions you agree to within.
1. Quotations
(a) Quotations are estimates based on the original brief provided by the Client. Quotations are subject to change upon sighting of artwork, text or other circumstances that may affect the job.
(b) Quotations, unless specifically outlined, do not include couriers, stock imagery, copywriting or other ‘out of pocket’ expenses.
(c) Quotations are only valid for 14 days from date of issue.
(d) Should there be a change of direction or new concept that differs from the initial brief, additional fees will be payable according to time/materials involved. We Create Design Solutions will notify you immediately of this and additional quote/s will be provided.
(e) Unless specifically stated, all prices are exclusive of GST.
2. Acceptance of Quotes and Terms and Conditions
(a) The Client will provide written acceptance of all quotes, via email is accepted.
(b) There will be no commencement of work without acceptance.
(c) Acceptance of the quotation will also be acceptance of these Terms and Conditions.
(d) All concepts, names and artwork remains the property of We Create Design Solutions until the final invoice is paid for in full. No final artwork or files will be released until final invoices are paid in full.
3. Payment Terms
(a) A 50% deposit of the quotation is required on acceptance of quotation and prior to commencement of project.
(b) Payment terms are stated on the invoice and is required prior to release of artwork or delivery of project.
(c) When a project extends 30 days past the commencement date, We Create Design Solutions reserves the right to issue you with a progress invoice for the work completed.
4. Payment Methods
Direct Deposit-
Account Name: We Create Design Solutions
BSB: 035053
Account Number: 273184
When paying by direct deposit, please send an email to hello@wecreateds.com.au to confirm that the payment has been deposited into our account.
All artwork remains the property of We Create Design Solutions unless paid for in full. No final artwork or files will be delivered until final invoices are paid in full.
5. Termination
(a) Projects that are cancelled at Client’s request, after acceptance of quotation and prior to completion, will be invoiced for any work or expenses completed up to that point. At a minimum, the 50% deposit will not be refunded and will be considered payment for work undertaken for quoting, creation of design concepts, communications and investigations.
6. Work and Material Provided
(a) It is agreed that all work and materials provided by the Client to We Create Design Solutions will be free and clear of all liens and encumbrances and may be lawfully used by the We Create Design Solutions 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.
7. Author’s Changes
(a) Quotations include one minor round of author’s changes, unless otherwise specified.
(b) Additional author’s corrections and/or variations to the project will attract additional fees and will be charged at our hourly rate.
8. Excess Work
(a) Excess work is defined as any work involving additions to the quotation, or changes to all pieces of finished artwork after sign off by an authorised representative of the Client.
(b) Alterations to artwork will be charged at our hourly rate.
9. Artwork Approval
(a) It is the Clients responsibility to ensure that the proofs supplied by We Create Design Solutions are accurate (ie. content, spelling etc.)
(b) An artwork approval must be emailed to We Create Design Solutions before final artwork is sent to the Client, printer or uploaded to a server.
(c) We Create Design Solutions does not accept responsibility for inaccurate content once the proofs have been accepted by the Client, either in writing, verbally or via email.
10. Quality Control
(a) It is the Clients responsibility to ensure that the proofs are free of error.
(b) We cannot be held accountable for differences that are beyond our control, eg. colour accuracy between a computer monitor and a printed product.
(c) With the nature of printing; differences in stock, finishing (Matt, Gloss, Coated, Uncoated) and printing processes (PMS to CMYK colour conversions) may be some colour variations from what the Client have seen on screen, to what the final product looks like, and previous orders.
(d) There will be no reprints at our expense.
(e) Colours as viewed on the Client’s monitor and/or printed to the Client’s printer will differ from the finished printed product.
(f) Hard copy proofs and press checks are available upon request.
11. Design Credits
(a) We Create Design Solutions retains the right to reproduce, publish and display the final design on its web site, portfolio, marketing, galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the final design in connection with such uses.
(b) Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its web site and in other promotional materials, and, if not expressly objected to, include a link to the other party’s web site.
12. Copyright and Intellectual Property
(a) 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 We Create Design Solutions till such time an agreement is in place. All working files remain the property of We Create Design Solutions till such time an agreement is in place.
We Create Design Solutions retains the right to use all artwork created in advancing the profile of We Create Design Solutions and to be recognised for artwork created by We Create Design Solutions.
(b) We Create Design Solutions shall be free to reproduce, use, disclose display exhibit, transmit, perform and create derivative works unless specifically agreed otherwise. Further, We Create Design Solutions shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
(c) Proposals, concepts and all other records provided by We Create Design Solutions are private and confidential between the Client and We Create Design Solutions and they may not be used or relied upon by any other party without the prior consent of We Create Design Solutions.
13. Confidentiality
(a) It is agreed that directors/employees of We Create Design Solutions shall not at any time either during the continuance of the work outlined or 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.
14. Privacy Policy
(a) We respect your privacy. We will not disclose any information you send us to any other third party company. This includes but is not limited to your email address, phone number(s) or postal address. Your personal information is held in strict confidence and will only be used for the purpose for which it was originally intended.
15. Disclaimer
We Create Design Solutions makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
We Create Design Solutions will not be held responsible for any and all damages resulting from products and/or services it supplies.
We Create Design Solutions is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The Client agrees not to hold We Create Design Solutions responsible for any such loss or damages resulting from products and/or services it supplies.
Any claim against We Create Design Solutions shall be limited to the relevant fee(s) paid by the Client.
We Create Design Solutions reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
We Create Design Solutions will not knowingly perform any actions to contravene these and the Client agrees to be so bound.
16. General
(a) We Create Design Solutions reserves the right to change or modify any of these Terms and Conditions at any time. If any of these Terms and Conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between We Create Design Solutions and the Client. The remaining terms and conditions remain in full force and effect.
17. Miscellaneous
(a) We Create Design Solutions’ operating hours are 9am-5pm, Monday – Friday, excluding public holidays.
(b) After hours consultations are available by appointment only.