Terms and Conditions | Seedcreative

TERMS & CONDITIONS

Our Terms and Conditions are supplied with every quote and must be signed before we start work to ensure all our clients fully understand all responsibilities during a project. Please contact us to discuss any queries or concerns you may have before accepting them.These are the terms and conditions of quotation and sale of all products and services supplied by Seed Creative. Except as otherwise expressly agreed upon in writing between a duly authorised officer of Seed Creative and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.

General

1. Quotations are valid for a period of 30 days.
2. All orders placed with Seed Creative shall only be accepted subject to these terms and conditions and Seed Creative may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Seed Creative to the client.
3. If a client cancels or alters any order or part order at any time after Seed Creative has received the order then Seed Creative reserves the right to render additional costs to the date of such cancellation or alteration.

Terms of Payment

4. For quotations $1000 and over the client shall make payment within the following terms:
a) A deposit on receipt of signed quotation approval;
b) If applicable part payments may be required;
c) Remainin amount prior to finished work being handed to the client and/or being printed.
5. All payments are to be made in full within 7 days of the date of invoice.
6. For quotations under $1000 the client shall make payment within the following terms:
a) Unless otherwise negotiated, payment is to be made in full prior to finished work being handed to the client and/or being printed.
7. All payments are to be made in full within 7 days of the date of invoice.
8. Payment shall be made by either direct electronic deposit, cash, cheque, Mastercard or Visa (2.5% surcharge applies for credit card payments).
9. If the client fails to make payment in accordance with clause 4 or 5, Seed Creative shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Seed Creative). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
10. Seed Creative shall also be entitled to claim from the client all costs relating to any action taken by Seed Creative to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.

11. All ideas, designs, concepts, artwork, compositions, symbols, logos or other design work prepared or developed by Seed Creative shall be the absolute property of Seed Creative and the client shall not use such material in any media until payment is made by the client to Seed Creative in accordance with clause 4.
12. The copyright for all purposes in any ideas, designs, Artwork, compositions, symbols, logos and other design work prepared or developed by Seed Creative (“the copyright work”) vests in Seed Creative.
13. In consideration of payment by the client in accordance with clauses 4,5 & 6, Seed Creative as the beneficial owner assigns to the client the copyright work subject to clause 12.
14. Notwithstanding clauses 9 to 11 herein, Seed Creative shall retain copyright ownership of all draft concepts, Artwork, compositions, symbols and logos (“the draft Artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Seed Creative's title in the draft Artwork.
15. Seed Creative may use any Artwork/design for it’s own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Seed Creative’s ‘designed by’ link will remain for the life of the design except by negotiation.

PLEASE NOTE:

Definitions

The Company – Seed Creative Group Pty Ltd

The Client – Entity/ Individual reflected in the Invoice.

Concept Design

All concepts developed to produce a design are the copyright of the company who produces them. The client who’s Invoiced/paying the company has the right to use the final product only, not the concepts developed along the way. The concepts developed to create one final piece are the company’s Intellectual Property (IP).

Source & Output Artwork Files

The digital artwork (the working/source files) belongs to the design firm or designer. The working/source files contain expertise, the ‘know how’ of putting together all the pieces that make up a design.

The client has the right to use the final product, usually a Portable Document Format (PDF), which is a digital file.

The Client can request to purchase the source files from the company and will be invoiced and required to be paid prior to these files being released. Unless explicitly agreed in writing the company retains the right to use these files / IP for future concepts and promotional activities.

Revisions and Supply of Content

16. Unless otherwise negotiated or Seed Creative’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Seed Creative assumes all written content adheres to copyright laws.
17. Images are also expected to be supplied before work begins, unless by prior negotiation or if using s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Seed Creative assumes that all correct permissions have been sought and/or royalties paid for images used.
18. Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

Project Duration and Client Response Time

19. The client agrees to provide timely responses to Seed Creative after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Seed Creative will deem the project complete. At such time, Seed Creative shall have no further obligation to the client, and the client shall pay Seed Creative all fees and expenses associated with the work performed.

Force Majeure

20. Seed Creative shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Seed Creative including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Governing Law

21. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Seed Creative may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Seed Creative may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of New South Wales applying the laws of the State of New South Wales.