Terms Of Service

The below contains Flow Cre8tive Website Design PTY LTD’s standard terms of service.  These terms will govern our relationship unless agreed by Variation of Agreement.  By instructing Flow Cre8tive Website Design PTY LTD to undertake the Proposal’s services the Client is deemed to have agreed these terms. Unless agreed in writing these terms do not grant rights or permissions to any third party.

 

This Agreement is formed in Australia, the principal place of business for the Company and this Agreement and the rights of the Parties to this Agreement shall be governed by the laws of Australia. The parties to this agreement submit to the jurisdiction of the Courts of Australia and the laws from time to time in force. In the event of a dispute filed in court, the prevailing party shall be entitled to recover from the non-prevailing party all of the solicitors fees and costs incurred during the litigation. This is the entire agreement between you and Company; it supersedes all other negotiations and discussions prior to the execution of this agreement. You agree that no other representations have been made by Company to induce you into entering into this agreement and no modification to the terms of this agreement shall be effective unless in writing signed by both parties.

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We’ll always do our best to fulfil your needs and meet your expectations but it’s important to have things written down so both you and us know what’s what, who should do what and when, and what will happen if something goes wrong. In this below you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. We want what’s best for both parties, now and in the future.

 

In short, you are hiring us to design and develop a website for the estimated total price outlined in the quotation that’s attached, and these terms explain how the project will proceed. ​

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1. Introduction

By hiring Flow Cre8tive, you agree to the terms outlined here. We will provide design and/or website development services as per the attached quotation. This document governs the entire working relationship between you (the client) and Flow Cre8tive.

2. Quotation

• Valid for 30 days from issue date.

• Includes services detailed in the attached scope of work.

• Excludes third-party costs (e.g., domains, hosting, apps).

• Changes to project scope may incur additional charges.

3. Payment Terms

• Deposit: A 50% non-refundable deposit is required to initiate the project.

• Final Payment: The remaining balance is due upon project completion and before the delivery of final files or website launch.

• Late Fees: Payments delayed beyond 20 days incur a 20% late fee. After 60 days, we reserve the right to initiate debt collection proceedings, with all associated costs borne by the client.

• Payment Methods: Payments must be made via bank transfer or an agreed-upon payment method. All fees associated with transfers are the client’s responsibility.

4. Project Schedule

• Project schedules are confirmed upon receipt of the deposit.

• Start dates may be delayed due to prior commitments, so please notify us of any hard deadlines.

• Feedback and approvals are required within 48 hours to ensure timelines are met.

• Lack of response for 3 weeks will result in automatic project completion, and final invoices will be issued.

5. Client Responsibilities

• Content Submission: Provide all required content (text, images, videos) before the design process begins. Delays may affect timelines.

• Design Preferences: Detailed design preferences or complete briefing documents must be provided. Lack of a detailed brief may result in additional time and costs.

• Brand Assets: Supply logos, fonts, and style guides unless specified in the scope of work.

• Feedback & Revisions: Feedback must be in writing. Two rounds of revisions are included per design asset.

• Final Approval: Upon completion of the work, it is the responsibility of the client to check all work has been completed and confirm satisfaction. Flow Cre8tive will not be liable for any additional changes requested more than 1 week after the project has been completed.

6. Revisions

• Included Revisions: Two rounds of revisions are included for each design asset or page.

• Additional Revisions: Changes beyond the included rounds will be billed at the agreed hourly rate.

• Post-Approval Changes: After final approval, further changes will incur additional charges.

7. Changes to Project Scope

• Scope Adjustments: Any changes outside the original scope require a new quotation.

• Urgent Changes: Urgent requests can proceed with email approval, with follow-up invoicing.

• Impact on Timelines: Adjustments to the scope may result in timeline extensions.

8. Delivery of Final Project

• Graphic Design: Final files (e.g., PDFs, images) will be delivered within 2 business days post-approval and payment.

• Website Development: Admin access to websites will be provided within 2 business days after approval and payment.

• Delivery Format: Deliverables will be provided in agreed formats (e.g., digital files or live websites).

9. Usage Rights

• Ownership Transfer: Full rights to trademarks and designs are transferred upon payment of all outstanding invoices.

• Portfolio Use: We retain a royalty-free license to showcase completed work in our portfolio and marketing materials.

• Third-Party Materials: The client ensures that provided materials are free from infringement. Flow Cre8tive is not liable for claims arising from their use.

10. Expenses & Third-Party Services

• Additional Expenses: Any costs incurred on your behalf (e.g., third-party apps, stock imagery) will be added to your final invoice.

• Vendor Ownership: Ownership of third-party materials remains with the vendor.

11. Rush Fees

• Urgent Requests: Requests with less than 48 hours' notice incur a 35% rush fee.

• Pre-Approval: All rush services must be pre-approved.

12. Cancellation Policy

• Written Notice: Cancellations require 7 days’ written notice.

• Completed Work: Work completed up to the cancellation date will be invoiced, including non-refundable deposits.

• Deliverables: All completed and paid-for work will be delivered upon cancellation.

13. Working with Third-Party Platforms

• Platform Expertise: We specialise in Wix and Shopify platforms.

• Limitations: Some advanced customisations may be constrained by platform capabilities.

• Ownership: You retain ownership of your domain, content, and assets.

• Subscription Fees: Ongoing fees for domains, hosting, or apps are your responsibility.

14. Training & Support

• Included Training: A 1-hour complimentary session covering basic platform use.

• Additional Training: Advanced training sessions available at $160/hour.

• Ongoing Support: Quick queries (<10 minutes) are free. Extended support billed at $160/hour.

15. Non-Payment

• Suspension of Services: Services may be suspended for non-payment.

• Debt Collection: Legal action may be pursued to recover fees, with all associated costs borne by the client.

16. Confidentiality

Both parties agree to protect proprietary and sensitive information shared during the project.

17. Limitation of Liability

• No Guarantees: Deliverables are provided as-is. No guarantees are made regarding fitness for specific purposes.

• Maximum Liability: Our liability is limited to the fees paid for the project.

• Exclusions: We are not responsible for issues arising from client-provided materials or third-party services.

18. Force Majeure

Neither party is liable for delays caused by circumstances beyond their control, such as natural disasters or legal changes.

19. Governing Law & Jurisdiction

This agreement is governed by Australian laws, with disputes resolved in Australian courts.

20. Legal Terms

• Independent Contractor: Flow Cre8tive operates independently. Copyright transfers occur only upon full payment.

• Dispute Resolution: Prevailing parties in legal disputes may recover attorney fees.

• Entire Agreement: This document supersedes prior agreements and can only be amended in writing.

• Severability: Invalid clauses do not affect the enforceability of the remaining terms.

Acceptance of Terms

By engaging Flow Cre8tive, you confirm your acceptance of these terms. This agreement becomes effective upon your written or email confirmation.