Website Design terms and conditions

Creative Stream Pty Ltd, agrees to provide all the services outlined in the estimate/proposal within the criteria specified.

Should the client enter into business with Creative Stream Pty Ltd, whether it be for design, manufacturing or development, they do so knowing that they are to pay for the work done. This fee is not subject to approval of the work done but for the time, services and materials involved.

Please note: Any graphic work built for digital display (i.e web / powerpoint or cd rom) may not be suitable for high resolution printed material and may need to be recreated if required. If the client plans to use the graphic elements for printed items (such as a brochure) please inform Creative Stream Pty Ltd in writing prior to production. This will avoid retakes.

If text is to be inserted within the design by Creative Stream Pty Ltd, it is expected that the client provide all finished text, otherwise a writer will need to be additionally hired.

Creative Stream Pty Ltd will keep the client informed of additional services that are required and obtain the clients approval for any services that cause the total fees to exceed those outlined in the quotation.

Logo Development

During development you will have an opportunity to make one revision to one logo for the purpose of selecting one logo to own. (Unless otherwise specified on our estimate). Extra revisions and authors corrections will be charged at an hourly rate of fifty five dollars. Charges are calculated in thirty minute blocks and will be added to the bill as extras or a quote will be provided should the client request one. Should the client wish to purchase all the logos presented, the designer will provide a separately negotiated tax invoice for the extra logos.

Schedules

The designer will do their best to meet agreed timelines. Schedules will be based around the client's needs and the designer's written instruction and agreed by both the client and Creative Stream Pty Ltd prior to work commencing. Occasionally projects become more complex and the timing can be delayed. If the client asks for work to be produced outside Creative Stream Pty Ltd's normal business hours, (i.e. outside 9.00am and 5.00pm on a week day) time and a half rates apply.

Should the following occur during the project, the schedules and fees may vary;

In the above cases the original timeline is void and new timelines will need to be agreed upon in writing.

Briefing the designer

All briefs and instructions from the client are to be provided in writing. They will include any mandatory information that will appear within the project such as; colour preference (if any), client contact details, date required, main target audience, project objective, the name of the person making the final approval decision.

To avoid any miscommunication regarding the requirements and specs for the project(s), all briefs must be approved by all members of the client approval team before being passed on to Creative Stream Pty Ltd.

The process of design and development involves several stages. Each stage and each task in a stage needs to be approved in writing prior to commencing the next stage of development. It is the responsibility of the client to provide written approvals once tasks have been completed. It is the responsibility of the client to make known their availability for approvals throughout the project. The client will make time to approve and assist with approvals in the last days of the project. The approvals will be in accordance with the written brief. If there are changes to the brief, it is the client's responsibility to provide those changes in writing.

If the Client has requirements for how the project is to be prepared electronically, the Client must communicate this to Creative Stream Pty Ltd before the project begins.

Electronic files

Creative Stream Pty Ltd accepts no liability responsibility with regard to the reproduction copyright or ownership, loss or damage associated with image(s) provided to Creative Stream Pty Ltd by the client or client representative.

With regard to digital files; a release fee of $99 per CD Rom archive will apply if the client requires a copy on disk.

Approval of creative

Before making digital files ready for printing or display, it is important that the design is at near creative completion. The client will have an opportunity to make minor edits to a concept layout however text revisions will be charged at $55 (including 10% GST) per hour and added to the final bill.

The client should be clear on which member of their own approval team will make the final decision on any creative work presented. A single client representative will be assigned to give instructions to Creative Stream Pty Ltd and a single Creative Stream Pty Ltd representative will be appointed.

Approval of text

Text revisions will be charged at $55 (including 10% GST) per hour and added to the final bill.

The client can avoid multiple text revisions and speed up production by providing an already proof read word document. All final proof reading is to be done by the client.

The signature of the client's representative shall be conclusive as to the approval of any artwork, drawings, text and other items prior to their release for their usage or installation.

Copyright - Who owns it?

Upon full payment, Creative Stream Pty Ltd provides the client with full ownership of their logo and full ownership of the layout, illustration and typography of documents that Creative Stream Pty Ltd has created.

Software and Database development

Software is defined as any digital file that has buttons which allow either navigation or interactivity. Should the client wish to own any developed software outright, they should plan to negotiate a fee for distribution rights or ownership prior to the project beginning.

Photography and Illustration Copyright

If the client wishes to use commissioned pictures created by Creative Stream Pty Ltd for other projects with other designers they can. At that time the small 'Designed by Creative Stream Pty Ltd' credit line will need to be removed from the artwork if it appears at all. In items such as Stationery items, it does not appear.

Where commissioned third party artists or photographers are involved, the client and Creative Stream Pty Ltd are both bound to the third parties conditions.

Creative Stream Pty Ltd will always have the right to publish any artwork created for the client for our own self promotion of our design services. Example: Still image of graphic on our portfolio web site.

Reimbursable Expenses

Creative Stream Pty Ltd shall use our best efforts to work within stated budgets but shall not be liable if such client approved expenses exceed budgets. Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, text writing, web hosting, domain registration, photography, software development or installation are for planning purposes only. Where possible, no expenses in excess of the estimate or budget will be incurred without the Client's written or initialled approval in advance.

The client will reimburse Creative Stream Pty Ltd for all out-of-pocket expenses incurred by Creative Stream Pty Ltd on this project. Upon the Client's request at the start of the project, records for out -of-pocket expenses will be retained by Creative Stream Pty Ltd and if necessary will be available to the Client upon completion of the project.

A flat handling fee for expenses paid by Creative Stream Pty Ltd on behalf of the client of ten percent will cover transaction costs and administration down time.

Expenses are the responsibility of the client. It is the clients responsibility to decide, based on Creative Stream Pty Ltds professional advice, what to ultimately spend on the project. No pre approved excess in the implementation fees will be paid for out of Creative Stream Pty Ltd's fee.

Payment Schedule

Upon approval of this document, the Client will make all payment instalments, as scheduled and outlined in our estimate/proposal. Not upon client approval.
If the Client requires any clarification to any estimate or invoice, they will present their request to Creative Stream Pty Ltd within seven days from receipt of the invoice whether the project is completed or cancelled. Otherwise the estimate/invoice provided by Creative Stream Pty Ltd will be considered correct and agreed to by the Client.

Third Party Contracts

Creative Stream Pty Ltd may contract with other individuals or companies acting on behalf of the Client to provide additional services such as writing, photography, illustration, printing and fabrication. The Client agrees to be bound by any terms or conditions, with respect to reproduction of the materials and timelines that may be imposed on Creative Stream Pty Ltd by these third parties. Should the manufacturing of a project become more complex due to reasons beyond the control of the designer, the designer will not be held responsible for delays in delivery.

Cancellation

Any job may be terminated or placed on hold by the client at any time, if this occurs Creative Stream Pty Ltd will invoice for the total stage in progress at the minimum estimated fee. All materials already ordered shall be invoiced directly to the client by suppliers if cancellation is not possible.

Miscellaneous

Creative Stream Pty Ltd reserves the right to stop dealings with any business or individual that Creative Stream Pty Ltd wishes for any reason Creative Stream Pty Ltd sees fit.

This document represents the conditions of business of Creative Stream Pty Ltd for the purpose of Graphic Design and Digital Design. Creative Stream Pty Ltd reserves the right to make changes to any or all of these conditions without notice. Creative Stream Pty Ltd will keep the latest editions on this web site.

The Client and Creative Stream Pty Ltd represent that they have full power and authority to enter into these conditions of business and that it is binding upon the both Parties and enforceable in accordance with its terms.

These conditions of business will be governed by the law of the state of Victoria in Australia .

Printed samples

The client will provide Creative Stream Pty Ltd with samples of any and each printed or manufactured design. These samples will represent the highest quality of work produced.

Credit

At the designer's discretion, Creative Stream Pty Ltd will have the right to include a small published credit line on the completed designs or any visual representation. This same credit will be included in any publication of the design by the Client. e.g.: Creative Stream Pty Ltd