Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Sweeke Creative. All work carried out by Sweeke Creative is on the understanding that the client has agreed to Sweeke Creative's terms and conditions as follows.
Commencement of work
The Client agrees to provide written approval of the submission before any work is commenced via post or email, as a Letter of Agreement between the Client and Sweeke Creative concerning the work outlined in the submission.
Payment
The Client agrees to pay the invoiced amount within 30 days of receipt of an invoice. If the work time exceeds 4 calendar weeks in duration, the Client agrees to payment by calendar monthly invoices based on the work done to date.
Payment is accepted via Direct Deposit Bank Transfer. Details will be provided with invoice.
Design samples
The Client agrees to supply for free, in addition to fees for service, two (2) printed samples of every item produced for the Client by Sweeke Creative during the course of this project.
GST
GST is not included in costs outlined in submission, unless otherwise noted..
Costs
The initial consultancy fee is waived, however additional consulstations and meetings are payable from acceptance of the project.
None of the cost estimates in this proposal cover any photography, illustration or print production (film, plates and printing) costs of this project. The procurement of quotes for these costs is included in our fees but we recommend all responsibility for invoices be accepted direct by you as we charge 20% commission on gross costs of any external work we are asked to pay for.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided in the project outline and contract, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the outline, the Client agrees to pay appropriate fees for the excess work.
Rush work
There is a 50% extra charge for rush work i.e. work requiring an extremely short turnaround, resulting in the designer working outside normal hours of operation. (Rush to be determined at time of quote).
Liability regarding work and materials provided
It is agreed that all work and materials provided for the Client by Sweeke Creative will be free and clear of all liens and encumbrances and may be lawfully used by 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.
Copyright
It is agreed that the Client will have the exclusive right to retain and reproduce any artwork, style manuals and other output which is produced from the performance of the work outlined in the contract and project outline. It is agreed that Sweeke Creative hereby assign to the Client, upon written acceptance of the quote, all rights title and interest in the future copyright of any artwork and other output which is produced, extended or modified during the performance of the work outlined in the project outline. This granting of copyright does not extend to the use of design proposals submitted but not approved by the Client for the work outlined. Sweeke Creative retains the right to display any work undertaken for the Client for the purpose of a portfolio (online and offline), unless otherwise stated.
Confidentiality
It is agreed that employees of Sweeke Creative 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.
Litigation
It is agreed that Sweeke Creative indemnify and hold 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 their employees, and it is agreed that we shall notify the Client in writing of full details of any such claim.
Amendments to these terms and conditions
All and any amendments to the terms and conditions outlined in the submission must be provided in writing and signed by an authorised representative of Sweeke Creative prior to the commencement of work outlined in the submission.
