Terms and conditions

Summary

As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide everything that is needed to complete the project including text, images, fonts and other information as and when needed, and in the format required. You agree to review, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that are set. You also agree to keep to the payment schedule set out in this proposal.

Messe Creative will endeavour to meet all the deadlines set but am not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved my work on time at any stage. I will also maintain the confidentiality of any information that you give me.

Website templates

I understand that if a pre-built theme is being used as the basis of your website creation Messe Creative cannot be held responsible for the quality, responsiveness, browser compatibility or functionality of the theme however we will endeavour to choose and quality check a theme that is to a high standard of quality.

For any modifications to the theme that cannot be done through the pre-set options of the theme Messe Creative can provide an estimate for the work to be completed outside of the original scope of the project.

Cancellation of agreement

If at any point you wish to cancel our agreement, ownership of all copyrights and the original artwork shall be retained by Messe Creative, unless otherwise specified and expenses already incurred, shall be paid by the Client. You will be invoiced for the work carried out so far based at our current hourly rate.

Proofing and approvals

The Client is responsible for proofing all artwork and content thoroughly. Messe Creative accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.

Any changes made to a project after the Client has approved any final work, whether verbally or in writing, will be billed to the Client.

Content

If the project requires the client to provide or prepare information, documentation, images or otherwise, the client accepts that delays in delivery from the client to Messe Creative may result in the project taking longer than estimated. Messe Creative will aim to meet the client's deadline at all times, however, if a deadline is pushed forward by the client, this may incur additional charges to complete on time, depending on Messe Creative's current work load.

Messe Creative is not responsible for writing or inputting any text copy. Messe Creative is happy to help, but significant work will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.

If needed, you will supply photographs either in digital or printed format. If you choose to buy stock photographs that price will be added to the initial quote. Stock photography will not be purchased without your written approval.

Changes and revisions

The estimate/quotation prices in this proposal are based on the time estimated to accomplish everything that you communicated needs to be achieved. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. At that time you will be provided with an additional quote for the extra work as well as revised timelines.

All change requests must be made in writing. If work has to be re-done because an incorrect brief has been supplied by the Client, or the brief changes in any way, we have the right to charge for changes made at our current hourly rate.

Messe Creative has the right to re-evaluate a quote based on any additional work required by the client. The client will be notified of any additional costs that may occur before any additional or overtime work is carried out.

Support

All clients accept that by requesting any type of support either through phone or email, they are liable to charges at our current hourly rate whereby a minimum charge of 30 minutes will be applicable to cover administration costs.

Support includes, but is not limited to updates, fixes, changes, phone support, email requests, consultations and meetings.

If training is required by the Client for use of the products or materials provided by Messe Creative, this will be invoiced at our current hourly rate unless otherwise stated as included.

Warranty, bugs & maintenance

Our services are provided with a 3 month warranty unless otherwise expressed. We do not offer refunds on work completed.

When a web project has been delivered and approved, the client will have a 3 month grace period where Messe Creative will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our hourly rate whereby a minimum charge of 30 minutes will be applicable to cover administration costs.

We recommend that all websites are serviced regularly and maintained. Messe Creative can provide a maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual contract.

Third Party Integrations

Messe Creative cannot be held liable for any loss of income or customer satisfaction levels due to third party platforms integrated with the website going down or changing access.

Privacy & Confidentiality

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

The client must inform Messe Creative in writing before the project commences if any material or information provided by the client is confidential. Personal information and private company information will be covered by the Australia Privacy Act

Legal

Messe Creative is not liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages—even if you have advised of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

All work supplied by Messe Creative is believed to constitute original work, and is prepared in good faith that it does not infringe the rights of any other party. Messe Creative cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise.

Messe Creative is unable to guarantee that any work supplied to the Client is suitable for any particular purpose and would strongly recommend that the Client conduct relevant research prior to the approval of any prepared work.

All preliminary work and materials produced by Messe Creative for the purposes of developing any work remain the sole property of Messe Creative (excluding and incorporated materials supplied by the Client). Any unauthorised usage of materials produced by Messe Creative will be actively pursued through legal channels.

By approving any final work whether verbally or in writing, the Client assumes the responsibility for the subsequent usage of the chosen work. Messe Creative retains the right to re-use any original material that does not form part of any final approved work.

Messe Creative cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided. This is inclusive of licensing of fonts.

You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the website are either owned by you or that you have permission to use them.

Messe Creative cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided. This is inclusive of licensing of fonts.

When Messe Creative receive your final payment, copyright is automatically assigned as follows:

You also own text content, photographs, and other data you provided unless someone else owns them.

Any designs, drawing, illustration, concept or code created for the client by Messe Creative, is licensed to the client on a one-time only basis and may not be modified, re-used or re-distributed in any way or form without the express written consent of Messe Creative.

In the event of multiple proposed designs being submitted to you the client for selection, the one design selected is deemed by Messe Creative as fulfilling the contract. All other designs remain the property of Messe Creative, unless agreed in writing that this agreement has been changed.

Messe Creative also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles, and in books.

Services Supplied

Messe Creative may employ any person, company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by Messe Creative for the Customer.

Payments

All projects require a deposit unless specifically agreed upon in writing. Further payments may be necessary at certain milestones within the project. These milestones and payment amounts will be included in the timeline and brief. Deposits are non-refundable and work will not commence until the deposit has been received byMesse Creative.

The accepted payment method is Direct Deposit - Other payment methods may be requested on a case by case basis. Payment is only accepted in Australian Dollars.

An administration fee of $30 will be charged if payment is not received by the due date of invoice. If an amount remains delinquent 4 weeks after its due date, 20% of the total cost of the project will be added for each month of delinquency.

If an amount remains delinquent 8 weeks after its due date, the debt will be referred to a debt collection agency. In the event that external collection agency appointment proves necessary, an additional 20% of the total cost of the project will be added to the invoice to cover debt collection costs.

Messe Creative has the right to withhold any final artworks until the final payment has been received.