It is important that you (the Client) please take time to read through thoroughly and ensure you fully understand these standard Terms and Conditions and their implications before you commence any project with The Creative Parrot Pty Ltd.
1. Scope of Services
The Client hereby engages The Creative Parrot to provide the services set forth in the estimate or quote.
- The Creative Parrot agrees to provide any work product to be delivered as part of the Services by a mutually agreed upon date, which will be set out in writing by the Parties. The Client acknowledges and agrees that failure to submit required information or materials requested by The Creative Parrot may cause subsequent delays in the work product, for which The Creative Parrot will not be responsible. Each Party will make a good faith effort to notify the other Party of any upcoming delays.
- Each Party will designate a representative, which will be responsible for receiving instructions and delivering work product (if The Creative Parrot) and providing instructions as well as receiving and accepting any work product (if the Client).
- The Creative Parrot agrees to provide all original work, which will not be copied in whole or in part from any other work and will not use any third-party content to incorporate into the work product, unless The Creative Parrot has secured the rights to said third-party content. Content provided by the Client for incorporation into the work product, will not be subject to this clause.
- If you acknowledge and accept an estimate or quote – verbally or via email (preferred) or in writing, it is considered permission to commence work.
2. Payment Terms
The Client agrees to pay a 50% deposit* of the estimated amount to commence any design project, with the balance payment due prior or upon delivery, unless otherwise agreed.
If the work time exceeds four (4) calendar weeks in duration, the Client agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable.
*In the case of a change of mind by the Client this deposit is non-refundable. The Creative Parrot endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by the Client, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.
All projects with print production or any other external supplier costs must be settled in full prior to the release of the files to the supplier.
Accounts, which are not paid COD will incur a late administration fee of $20 excluding GST. Accounts, which remain outstanding for 31 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
All prices estimated are in Australian Dollars ($AU) and are exclusive of GST.
3. Alterations and Authors Corrections
The Creative Parrot makes every effort to be as cost effective and accurate in estimates as possible, but extra inclusions or exclusions may occur based on specific jobs or requirements.
All estimates by The Creative Parrot include one (1) round of changes (up to and including v2), unless otherwise specified. Any changes above this are considered Authors Corrections and the Parties will work in good faith to adjust the timeline and costs accordingly. Wherever possible the Client will be notified of increases in the scope of the project.
In the case of a considerable change to the scope of the project or brief, the current project will be invoiced for time incurred to-date and a new estimate outlining the revised scope of work will be generated for approval before the project continues.
From time to time the Client will require extra design requirements during a project, or extra files upon completion of a project. The Client will be informed that the alterations or changes requested fall outside of the scope of the original estimate. If the Client wishes these alterations to be made they must agree in writing (via email), and The Creative Parrot’s hourly rate of $140 excluding GST per hour will be payable.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the Client, after work has commenced.
4. Confidential Information
Each Party is likely to disclose information (“Disclosing Party”) to the other (“Receiving Party”) from time to time during the term of this Agreement, which is marked or designated as confidential or proprietary at, or prior to disclosure, or which would appear to be confidential and/or proprietary in nature (“Confidential Information”). The Receiving Party will not disclose such Confidential Information to any person other than as provided for in this Agreement or as necessary to carry out that Party’s obligations under this Agreement.
This restriction does not apply to information that (i) the Receiving Party must disclose by law or legal process, (ii) is either already public or enters the public through no fault of the Receiving Party, (iii) is available to the Receiving Party from a third party who is not under any non-disclosure obligation to the Disclosing Party, or (iv) is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party.
5. Title To Material
The Creative Parrot retains full ownership of design concepts and materials it produces.
Once a final project is delivered to the Client and full payment is received, complete ownership rights of the final supplied files or assets as stated in the estimate (eg; print ready PDF as per supplier requirements) transfer to the Client, however, please note that any physical working files such as InDesign packaged files are excluded.
Unused concepts remain the property of The Creative Parrot. The Creative Parrot may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the Client requests otherwise, The Creative Parrot retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment is received, The Creative Parrot retains ownership of all artwork, strategies, photography, assets and website architecture. The Creative Parrot reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
The Creative Parrot reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
OTHER THAN FOR THE PROMOTIONAL USE OF THE CREATIVE PARROT, ALL SERVICES PROVIDED SHALL BE FOR THE EXCLUSIVE USE OF THE CLIENT’S SAID PURPOSES ONLY.
Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by The Creative Parrot shall be outlined in the Project Proposal or Estimate. For additional usage, price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of The Creative Parrot until such time an agreement is in place. As part of The Creative Parrot terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. The Creative Parrot reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting The Creative Parrot in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
6. Supply of Original Working Artwork Files/Assets
The Creative Parrot owns all physical artwork files, designs, concepts and assets. And all the Intellectual property in them. All estimates The Creative Parrot supplies include supply of high res PDF file/s or flattened web image/s, and does not include the original or packaged InDesign or layered Photoshop file/s, unless otherwise specified clearly on the estimate.
In the event the Client must attain the original working files, these can be released under exclusive license to the Client at a fee based on the market rate on a case-by-case basis, at the discretion of The Creative Parrot.
The Creative Parrot reserves the right to refuse supply of physical artwork files, depending on the circumstances and the intended usage of such files.
7. Approval of Final Artwork
While The Creative Parrot takes all care to avoid errors, The Creative Parrot accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the Client’s responsibility to proof read and approve all final copy before the production of the artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by the Client’s proof reading.
8. Design Credit
The Client agrees to allow The Creative Parrot to place websites and other designs, along with a link to the client’s site on The Creative Parrots own website for self promotional purposes.
9. Good Business = No ‘Free Pitching’
Free pitching is the practice of clients asking for unpaid design submissions from one or more studios in order to decide which studio to use. The Creative Parrot is opposed to ‘free pitching’ or ‘working for free’. The Creative Parrot will not do work or present ideas for free, in order to show you or present an idea or when pitching in competition with another design firm. A price must be agreed upon before time is spent on any work undertaken at the Clients’ request. Watch this very funny video and it will all make more sense.
“Free pitching is bad for clients because it substantially reduces the probability of an appropriate and relevant design solution. A free pitch situation is like a beauty parade – decidedly superficial. The problem with a superficial solution is that it is not only a waste of time and money at the design stage, it also jeopardises the effectiveness of any further spend on downstream processes such as print, multimedia and distribution.”
– Australian Graphic Design Association (agda.com.au)
As a design agency whose core business is to create design solutions, we value the relationships we create and nurture with our clients. Free pitching doesn’t allow for normal client/agency interactions and instead places too much importance on that first ‘wow’ presentation moment, instead of having the opportunity to work through an effective solution with the client from beginning to end.
The whole concept of free pitching is an old school hangover from the old advertising agency days where agencies made their income through media placements, retainers and commissions, on much larger sized accounts often worth several million dollars, which is simply not the case these days for most free pitch opportunities.
“I do not expect my lawyer, accountant, doctor, dentist or Alfa mechanic to donate their skilled time for my benefit, nor would I ask them to demonstrate their skills without appropriate reward.”
– Brian Sadgrove, Brian Sadgrove and Associates
If you are interested in finding out more about free pitching and the reasons why The Creative Parrot is opposed – read more here.
10. Artwork Storage
All files are stored electronically and are logged via a database for quick retrieval and access. All files are backed up daily to external media to ensure loss of work is kept to a minimum. Retrieval fees may be incurred at the discretion of The Creative Parrot.
11. Freelance Contractors and Confidentiality
All contractors employed by The Creative Parrot are held to a strict confidentiality and nondisclosure agreement. Contractors of The Creative Parrot are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with The Creative Parrot. If this was to be breached by the contractor, The Creative Parrot will take swift and reparatory measures to ensure the Client is made aware that the contractor in question is no longer a representatives of The Creative Parrot and acting independently.
Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases. The Creative Parrot aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict The Creative Parrot guidelines of professional behavior and ethics.
12. Late Payments and Default
Accounts which are not paid within 31 days, will incur a late administration fee of $20 excluding GST. Accounts which remain outstanding for 45 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the total project costs for each week payment is outstanding.
Unless prior arrangements have been made, The Creative Parrot shall consider an account in default if it remains unpaid for 45 days from the date of invoice, or the Client has stated expressly that they do not intend to pay an invoice. The Creative Parrot shall, at it’s sole discretion, suspend any and all services provided to the client by The Creative Parrot or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the Client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the Client has paid for their invoices in full.
The Client whose account is in default agree to pay The Creative Parrot reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
The Creative Parrot retains all copyright for work performed until full project costs have been paid. The Creative Parrot reserves the right to reuse or resell work undertaken in the case of payment default.
The Creative Parrot accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and the Client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
13. Goodwill Disclaimer
This Agreement assumes goodwill from both The Creative Parrot and the Client regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Graphic design, strategy, photography, marketing are all highly creative and subjective art forms. As such, The Creative Parrot take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however The Creative Parrot cannot be held responsible for variations between expectation and outcome.