TERMS AND CONDITIONS
In these terms and conditions, unless the context otherwise requires:
Consumer means any individual who acquires Divine Creative Agency’s services wholly or predominately for personal, domestic or commercial use.
Customer means any person or entity requesting Divine Creative Agency to provide Services.
Divine Creative Agency means Divine Creative Agency Pty Ltd (ABN 36002720198) of PO Box 982 Gymea NSW 2227.
Agreed Fee means the fees estimated by Divine Creative Agency in any quotation once accepted by the Customer.
Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to Divine Creative Agency for the purposes of supplying the Services.
Raw Footage means master footage recorded by Divine Creative Agency as part of provision of the Services.
Services means design, finished artwork, website development, marketing, video production and/or post production services, photographic or print.
APPLICATION: These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Divine Creative Agency with any Customer in relation to the provision of Services by Divine Creative Agency. All work carried out by Divine Creative Agency is on the basis that the Customer has agreed to these Terms and Conditions.
COPYRIGHT: By initiating work with Divine Creative Agency, the client agrees that all information, design and concepts for this project remain the property of Divine Creative Agency until final payment has been made, and any material supplied cannot be reproduced or copied for any use. Our quotes are issued with no alterations and are valid for 30 days from the date shown. Any alterations to a quote render it invalid.
PAYMENT: 50% of the total fee (or an agreed set amount) is payable upon acceptance of the proposal and ongoing work shall be invoiced in regular stages, with the remaining money to be paid upon delivery. Should final payment not be received within the terms of the invoice, Divine Creative Agency will request the overdue payment to be delivered within 14 days. Should this payment not be delivered, Divine Creative Agency reserve the right to remove the video files, artwork, website and associated hosting from the internet until payment is received or to withhold digital files until the account is settled.
Once your deposit has been paid, you are entering into a contract with Divine Creative Agency that you agree to the project quoted. You have a 7 days cooling off period if you change your mind about proceeding, otherwise, you are committed to the project and your deposit will not be refunded or transferred to any other business if you decide not to proceed. Prices stated in this proposal are inclusive of GST unless otherwise stated.
RESPONSIBILITIES OF THE HERETIC CREATIVE AGENCY: To develop the graphic material, website or video as per the signed client design and fee proposal, with the final design layouts to be approved and signed off by the client.
WEBSITE DEVELOPMENT: The website will be developed to be compatible with the latest version of the major internet browsers. Please be aware that outdated browser versions may not support some code and may interfere with page formatting. At the discretion of the web developer, Divine Creative Agency may place a very small “Designed and managed by Divine Creative Agency” credit at the base of the website, with the font size not exceeding 12pt.
QUOTATIONS: Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of customer changes and/or revisions is included in each quotation. If the Customer instructs that significant changes and/or revisions to the scope of the Services described in a quotation are required then Divine Creative Agency shall be entitled to charge an additional Agree Fee based on a further quotation.
RESPONSIBILITIES OF THE CUSTOMER:
- To sign off the concept development stages at each milestone, so that the development work and finished artwork may proceed. All content is to be checked by the client prior to artwork approval for production. Design, submission of files, printing, videography and website upload will not commence until an approval is confirmed by either verbal, email or signature by the client.
- To provide any specific text and visuals that are to appear in the concept layout. All body copy and photography are to be supplied electronically to firstname.lastname@example.org or to our postal address PO Box 982, Gymea NSW 2227.
- To never plagiarise or breach copyright when providing body copy or images.
- Electronic mail – never to spam or send unauthorised emails designed by Divine Creative Agency. The type of permission you MUST have includes
- the recipient opted in via your website
- the recipient completed an offline form and indicated they wanted to be emailed
- the recipient gave you their business card and you explained you would be sending them commercial email
- the recipient purchased something off you in the last 2 years
CANCELLATION: If the Customer has engaged Divine Creative Agency to provide Services on a specified date, the Customer may notify Divine Creative Agency in writing (during normal business hours) that the Customer does not require the Services to be provided on that date. If the cancellation is made more than 48 hours prior to the day on which Divine Creative Agency has been engaged to provide the Services, the Customer must reimburse Divine Creative Agency for any expenses incurred. If the cancellation is made between 48 and 24 hours prior to the day on which Divine Creative Agency has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee. If the cancellation is made within 24 hours of the time at which ,Divine Creative Agency has been engaged to provide the Services, the Customer must pay the Agreed Fee in full. If the cancellation is made while Divine Creative Agency is providing Services to the Customer, the Customer must pay the Agreed Fee in full.
VENUE LOCATION FEES & PERMISSIONS: The Customer must obtain any necessary consent or permission and pay any fees which may apply for Divine Creative Agency to film at a particular venue, location or event. Artistic Licence The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Divine Creative Agency reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Divine Creative Agency on request.
CUSTOMER’S MATERIALS: All Materials are used and stored by Divine Creative Agency solely at the Customer’s risk and Divine Creative Agency is under no obligation to insure any Materials. Neither Divine Creative Agency nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage of the Materials other than loss caused by their negligence.
CUSTOMER ACKNOWLEDGEMENTS THAT: Divine Creative Agency will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Divine Creative Agency will be transferred to the Customer until the Customer pays all amounts due to Divine Creative Agency in full. The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Divine Creative Agency, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Divine Creative Agency. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Divine Creative Agency are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Divine Creative Agency, its employees and subcontractors.
CUSTOMER UNDERTAKINGS AND WARRANTIES: The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video. The Customer indemnifies and holds Divine Creative Agency harmless from any claims or legal actions related to the content of the Customer’s video.
PROJECT DELAYS AND CLIENT LIABILITY: Any estimate of the date by which Divine Creative Agency will complete any part of the Services is contingent upon the Customer providing complete instructions to Divine Creative Agency and fully cooperating. The Customer must appoint a person who has complete authority to provide instructions to Divine Creative Agency and respond to requests for feedback.
RECORDED MATERIAL OWNERSHIP: The Raw Footage, video files, audio files and edited video files including all copyright remain the property of Divine Creative Agency until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, Divine Creative Agency reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes. Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Divine Creative Agency will remain the property of the author or legal entity owning the copyright.
SPECIAL PROVISIONS FOR OWNERSHIP: Divine Creative Agency reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to Divine Creative Agency. CVP has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Divine Creative Agency and the Customer. Disposal Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, CVP reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
LEGAL COSTS: The Customer will be liable for any legal costs incurred by Divine Creative Agency in the recovery of unpaid invoices on an indemnity basis.
PRIVACY: All information received byDivine Creative Agency from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.
PROPOSAL EXPIRY DATE: The information and quotations provided in this proposal are valid for 30 days from the date of writing.