Terms & Conditions

Definitions

In these Terms and Conditions, “Cresser Creative Strategy and Design” (“CCSD”) refers to the service provider, and “Client” refers to the individual or entity commissioning services from CCSD.

Commencement of Work

Submission of a brief, agreement to these Terms and Conditions, and payment of the required deposit constitute the commencement of work between CCSD and the Client.

Payment Terms

The Client agrees to pay a 50% deposit of the quoted amount to commence any project. The balance is payable within 14 days of completion. Individual items from the fee proposal may be billed separately as they are completed. Payments not received within 14 days of invoicing may be subject to late fees or suspension of services.

Deposit and Refunds

Once work has commenced on a project, the deposit is non-refundable. In the case of a change of mind or cancellation by the Client, the deposit is forfeited, and any additional work completed will be billed at a prorated amount.

Approval of Artwork

The Client is responsible for proofreading and approving all final artwork before production. CCSD is not liable for any errors or omissions in the final product once the artwork has been approved by the Client.

Liability for Reprinting Costs

CCSD is not liable for any costs associated with reprinting materials due to errors or omissions in the final product after the Client has approved the artwork.

Liability and Litigation

CCSD shall exercise reasonable care and skill in the provision of services to the Client. However, CCSD shall not be liable for any damages or losses suffered by the Client or any third party as a result of using the work completed by CCSD, except to the extent that such damages or losses are directly attributable to CCSD’s negligence or breach of the terms and conditions of this agreement. The Client agrees to indemnify, defend, and hold harmless CCSD, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the Client’s use of the work produced by CCSD.

Portfolio and Self-Promotion

The Client agrees to allow CCSD to showcase any or all work created during the course of a project as part of CCSD’s portfolio for self-promotion purposes. CCSD acknowledges the confidential nature of projects and agrees to display project work only after the product/site has been publicly launched or approved by the Client.

Service Agreement

Scope of Work

CCSD agrees to provide services as outlined in the fee proposal submitted to the Client. The scope of work includes any deliverables and services specified in the fee proposal.

Confidentiality

Both parties agree to keep any information relating to the project and the Client’s business confidential and will not disclose it to any third party without the prior written consent of the other party.

Project Timeline

CCSD and the Client will establish a project timeline, including milestones and deadlines for the completion of individual items in the fee proposal. Both parties agree to adhere to this timeline to ensure the timely completion of the project.

Force Majeure

CCSD shall not be liable for any failure or delay in the supply or delivery of products or services where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of CCSD, including but not limited to war, natural disasters, strikes, lockouts, industrial disputes, government restrictions, transport delays, fire, power outages, or acts of terrorism.

Changes to Scope

If the Client requests changes to the scope of work after the project has commenced, CCSD reserves the right to adjust the fee proposal and project timeline accordingly. Any changes to the scope of work must be agreed upon in writing by both parties.

Intellectual Property Rights

Upon receipt of full payment, CCSD transfers ownership of the final, approved deliverables to the Client. CCSD retains ownership of any unused concepts, materials, and working files created during the project, including but not limited to layered Photoshop files and InDesign layout files. CCSD is not obligated to release these working files to the Client. If the Client requests the release of working files, additional fees may apply and will be determined on a case-by-case basis.

Termination

Either party may terminate this agreement with written notice if the other party breaches any of its obligations under this agreement and fails to remedy the breach within 14 days of receiving written notice. Upon termination, the Client will be responsible for any outstanding fees for work completed up to the date of termination.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from this agreement shall be resolved through negotiation or, if necessary, through the appropriate legal channels in Australia.