Terms and Conditions

Copyright

In accordance with the Australian Copyright Act (1968), ‘Licensing of copyright is subject to a mutual agreement made between client and designer’.  All artwork, brand design, creative material produced by Identity Creative, will remain under them by the copyright act.  Until such time a client brand release form as been received for the release of such copyright material. Identity Creative can provide a copyright release form and brand material which can be released for a specified fee.  

If any artwork (produced by us) is copied, used, or altered without prior permission – for other purposes such as websites, other print material and signage.  This breaches our copyright policy and legal proceedings can be enforced.  Identity Creative reserves the right to use all artwork produced for the purposes of promoting Identity Creative in print, publication or website.

Reproduction / License of artwork policy
Should clients require art files in order reproduce for printing purposes, this is granted by us, which we will supply a high resolution print ready file for reproduction use only.  

Ownership of material
Any content supplied by you the client, has legal ownership of it.  Whether it is text and/or images such as material for websites.  Other all design material created by us, whether its concepts, illustrations, ideas, strategy notes, by default, shall remain the initial property & ownership of Identity Creative. Until such time a release form is signed both parties and a mutual agreement has been met to assign any copywriting documents over to the client.

Intellectual Property
All intellectual property be it concepts, drafts, ideas, visuals, creative design, strategy, marketing suggestions, that are presented via phone, email or document are to solely owned by Ocean Informatics.

Design & Creative works

Design alterations
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.
Identity Creative will notify you immediately of this and additional quote/s will be provided.

Authors corrections
Any text supplied to Identity Creative should be proof read and approved by the necessary parties.  Additional fees will be payable if more than two sets of corrections need to be made unless your quote states differently.  Identity Creative will notify you immediately of this and additional quote/s will be provided.  Additional fees will not be payable for errors made by Identity Creative during the design process.

Make-up/Concept files
Any make-up files or Photoshop files created for a specific job are considered to be the ‘intellectual property’ of Identity Creative.
An additional fee will be payable if usage of make-up files is required by the client or their suppliers.

Artwork on CD/ Digital file
If any client artwork is required on CD, an administration fee of approx $40 plus courier/postage will be payable. Or organised for a digital download if permissible.

Print Design
All visuals of progressive development will be emailed to the client as a PDF file. Please be aware that all monitors display colour differently. To ensure that the colour is correct, it is highly recommended that the client views a colour matching book or the final proof supplied by the printing company.

Website Design
All visuals of progressive development will be either emailed to the client as a JPEG or PDF file, or displayed using a private URL that is not visible to the general public.

Approval
Whilst every care will be taken, no responsibility will be accepted by Identity Creative for errors found after final approval by you the client. An artwork approval must be emailed to Identity Creative before final artwork is sent to the client, printer or uploaded to a server.

Websites

Hosting/Emails
All of our websites are hosted with a 3rd party hosting company which come highly recommended and reputable.  All sites are backed up often with 99.9% guaranteed uptime.

CMS platforms
Identity Creative only use the best in CMS (Content Managed Systems) which are open source like Joomla, Wordpress, Magento.  Any errors, faults, bugs are to followed up on their own support sites.  Identity Creative will provide you great web support and knowledge of such systems.  But cannot guarantee a faultless system as they are not developed by us.

Host Access
Identity Creative can provide you host access to cPanel to allow changes to emails, passwords etc. Identity Creative takes no responsibility for loss or damage of content on your site.  If your site is damaged by client interaction with host, there will be a $250 restore fee required to get your site back online.

Website Security
We take security very seriously with our websites. And all our websites come with a 99.9% assurance that any site is not easily hackable.  We use strong and non common passwords so that your site stays secure.  We can also provide SSL certificates & as well as extra security software (provide at extra cost), if you required extra protection on your website and data.  

Backups
We take the utmost care and time needed to backup the server sites when feasible.  If a website is down or lost through no fault of your own, we can restore website (to its previous state), free of charge. However, in some instances Identity Creative cannot predict if or when a site will be hacked.  And depending on the level of security breach, Identity Creative cannot claim any responsibility if data is lost or stolen.  And extra Security Package for your website will be needed to ever prevent this from happening.

Domain name ownership
(i.e. www.yoursite.com.au) may be registered on behalf of the user at the time of Services purchase.  If you wish to cancel before that time and take your domain name with you, you must pay a transfer fee of $50.00 (Australian Currency). 

Identity Creative will not renew your domain name after cancellation of the Services. Identity Creative is not responsible for failed renewals or unavailable domains. Upon subscription we will register one new domain OR set up one existing domain per account. Additional domains incur a $20 per up charge. We will renew one domain per account per 2 years. Accounts must be fully paid for domains to be renewed. 

Transfer of website
If you you wish to transfer your website onto your own hosting service or provider, we can do so.  There will be a $250 charge for us to backup and provide a transfer file to you.

Ownership of website
By default, all websites and content are officially owned by Identity Creative.  A transfer of ownership can be provided, should you wish to own all the site contents and its intellectual property.  See copyright section. Until such time you wish to transfer the host yourself, your website sits on our servers and is ‘rented’ for the require fee per year.

Design credit
Identity Creative reserves the right to discreetly place the design credit shown below on any appropriate artwork.  Design by: www.identitycreative.com.au. This will never be done to business stationery and will most likely be placed on documents like brochures and reports or a website home page.

Payments

Terms Arrangement
Unless specified by the client, all payment terms are strictly 7 days under Identity Creative’s invoicing terms.

Payment options
A deposit fee or the 1st month of monthly services must be made according to the terms stated before design or strategic work commences. The remaining amount is payable on an agreed monthly basis or completion before the final design is sent to the client, printer or uploaded to a server.
When a project extends 30 days past the commencement date, Identity Creative reserves the right to issue you with a ‘progress payment’ invoice. Invoices the extend 60+days will incurr a 5% admin surcharge - unless pre-arranged prior to next statement period.

Payment disputes
Identity Creative has taken the utmost care in preparing this proposal that covers all aspects of the projects, tasks and stages, in order to provide accurate costings allocated to the overall project.  On occasion, additional quotes may be necessary if tasks have not been included due to additional tasks or human error ie. omission. In any case, estimates will be raised before tasks are commenced.

Project Cease or abandonment
Should the project need to cease due to unforeseen circumstances, Identity Creative reserves the right to seek full payment of the particular project stage OR the remaining deposit fees for the entire project. As based on the proposal provided (either amicably or by external collections & legal proceedings) if the client does:  a) Pull out of project   b) Decides not to continue  c ) Approaches another agency without negotiation  d) Declines to pay on result or task completion.  Should Identity Creative decide to cease any further proceedings with the client, a letter of ceasing will be provided, and any fees associated with finalising a certain part of the project will be required.  After which Identity Creative can provide all required data & communications to client for their own data and reference to continue the project elsewhere.

Cost of collection
The Customer shall pay the Supplier for all costs incurred by the Supplier (including costs for which the Supplier may be contingently liable) in any attempt to collect any monies owed by the Customer to the Supplier under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

Payment methods
All invoices will be emailed to the client as a PDF file.
Invoices can be paid by direct deposit, cash or cheque

Cheque
Please make cheques payable to Identity Creative Pty. Ltd.

Direct Deposit (preferred):
When paying your invoice by direct deposit, please send an email to
admin@identitycreative.com.au to confirm that the payment has been deposited into our account.
Please note that Identity Creative’s bank account details are located at the bottom of your invoice.

Email communications
The information contained in emails may incorporate certain intellectual property, which is the confidential property of Identity Creative. Emails may not, in whole or in part, be divulged to any party without the prior written consent of Identity Creative. The recipient acknowledges that the sender is unable to exercise control over the content and information contained in transmissions made via the internet. The sender hereby excludes any warranty as to the quality or accuracy of any information contained in email messages and any liability of any kind for the information contained in it, or for its transmission, reception, storage or use in any way whatsoever.

Privacy policy
Any information collected by Identity Creative will be used solely for our own marketing and promotion purposes. It will not be sold to any third party.

Acceptance
By paying your deposit, it is understood that you have agreed to all of Identity Creative’s Terms of Business listed on this page. If you are unsure about or would like to amend any item listed on this page, please contact us immediately