Good design is as much about idea generation as it is about beautiful aesthetic. We don't just turn on a computer and start designing. In fact, about half the time we spend on a creative brief is doing our homework before anyone even touches a computer or uses software. Every brief, our process is the same. Immersive, collaborative and inclusive. We set out to achieve a strategic objective, listen to your requirements and create a visual solution. See our typical workflow process in action below.
Our Creative Process.
Let's begin by opening communication. In most instances, it starts with an information gather through the 'Build a Brief' function on our website. It's here we listen to your requirements, questions get answered on both sides so that we can get a good understanding of your project and objectives then send you a design proposal with detailed costing.
YEEHAA STRANGER!
YEEHAA STRANGER!
Let's begin by opening communication. In most instances, it starts with an information gather through the 'Build a Brief' function on our website. It's here we listen to your requirements, questions get answered on both sides so that we can get a good understanding of your project and objectives then send you a design proposal with detailed costing.
SKIP TO 'BUILD A BRIEF'
ENGAGE US
LOOK AT OUR TERMS OF ENGAGEMENT
Yeehaa Creative
Terms of Engagement
This document outlines 'Yeehaa Creative' (referred to as 'Yeehaa Creative' or 'We' or 'Us') standard 'Terms of Engagement'. It is important that you ('The Client') take time to read and familiarise thoroughly and ensure you fully understand the terms and their implications before you commence any project with 'Yeehaa Creative'. We reserve the right to alter these 'Terms of Engagement' without notice. Please contact us if you do not understand any of the terms contained within this document. A copy of these Terms of Engagement can be emailed upon request.
COMMENCEMENT OF WORK
These terms govern your engagement of services of 'Yeehaa Creative'. By engagement of 'Yeehaa Creative' you agree to be bound by these 'Terms of Engagement'. Agreement to work with and/or submission of a design brief, payment of deposit establishes agreement to these 'Terms of Engagement'.
PAYMENT TERM
Any payment deems the client has read and agrees to the 'Terms of Engagement' set out with this invoice and/or located at www.yeehaacreative.com.
The Client agrees to pay an 'Initial Deposit' 50% of total quoted amount unless otherwise specified in the design proposal or quote to commence any creative project. Once the design process has started and research and resources have been allocated to a project this deposit is non-refundable.
A 'Balance of Payment' COD (Cash on Delivery) for the remaining balance equal to the sum of total invoiced or quoted cost is due upon completion. Upon 'The Client' final approval and balance of payment, finished artwork (this does not include any design concepts presented) will be provided in the requested file formats by email or provided link to a shared file storage.
Under no circumstance is 'The Client' granted permission of usage of finished artwork until a final balance of payment has been received. 'Yeehaa Creative' retains the rights on design content, digital assets and licenses contained within the design and will remain the property of the 'Yeehaa Creative'. Under no circumstance is the client permitted rights of usage for any design concept presented at any point throughout the design process other than the agreed finished artwork that has been given approval. Additional costs may apply for search, selection and licensing of stock imagery, vectors, fonts or other digital assets if contained.
Publication and/or release of work performed on behalf of the client by 'Yeehaa Creative' may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $USD20 + tax. Accounts which remain outstanding for 14 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 that we can discuss a solution that works for you or your company.
'CHANGE OF MIND' AND 'CHANGE OF CREATIVE DIRECTION'
In the case of a 'Change of Mind' by 'The Client' after the project has commenced, the initial deposit is non-refundable. 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.
The client may be subject to additional costs based on the additional time (hours) spent on the project (to date) above and beyond the initial deposit amount. This also includes what is deemed ''Change of Creative Direction'' whereby after two rounds of revisions on draft design concepts any ''Change of Creative Direction'' that has not been addressed up to that point of the design process, the client may be subject to additional costs calculated on an hourly basis. 'Yeehaa Creative' reserve the right to terminate any project with no penalty in the event of 'Change of Mind' or ''Change of Creative Direction'' without refund of deposit.
DESIGN SAMPLES
'The Client' agrees that 'Yeehaa Creative' may showcase any/all work created during a project as part of their portfolio in any form. 'Yeehaa Creative' acknowledges the confidential nature of projects and agrees to only display work once product/site has been publicly launched/commences.
FORCE MAJEURE
'Yeehaa Creative' shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of 'Yeehaa Creative' including but not limited to client changes, client delays, poor communication, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, 'The Client' agrees to pay appropriate fees for excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
EXCESS WORK
This is defined as any work involving additions to the list of items defined in the Project Proposal or Quote or changes to all pieces of finished artwork after sign off by an authorised representative of 'The Client'. 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 the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a proportionate hourly fee will be payable. Should the additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
LIABILITY & LITIGATION
Under no circumstances shall 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the supplies prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
APPROVAL OF FINAL ARTWORK
While 'Yeehaa Creative' takes all care to avoid errors, 'Yeehaa Creative' accepts no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production. It is 'The Client' responsibility to proof read and approve all final copy before the production of 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 oversights by "The Client's" proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that 'Yeehaa Creative' is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. 'Yeehaa Creative' will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify 'Yeehaa Creative' of any such errors during the revision process and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform 'Yeehaa Creative' within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
PRINT – COLOUR VARIATIONS
With all printing, there may be some colour variations between what is viewed on screen and what is printed. This may be due to difference in viewing RGB on screen and CMYK colours in a print run and/or the type and quality of printer you choose and/or the type and quality of paper used and/or printing in bulk. 'Yeehaa Creative' is not responsible for printing done by the client.
COPYRIGHT
'Yeehaa Creative' retains full ownership of design concepts, ideas and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights transfers to the client. Unused concepts remain the property of 'Yeehaa Creative'. 'Yeehaa Creative' may still use paid-for concepts in its promotional materials and/or design portfolio. Unless the client requests otherwise, 'Yeehaa Creative' retains the right to display design credit on works we produce, except for corporate stationery. The granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the final artwork. Until final payment has been made 'Yeehaa Creative' retains ownership of all artwork.
'Yeehaa Creative' reserve the right to use any elements used to create the graphics including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. 'Yeehaa Creative' reserve 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 'Yeehaa Creative' all services provided shall be for the exclusive use of the clients 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 'Yeehaa Creative' shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed. Licensing terms for any contained asset based on the intended usage specified by client in the design brief, the client will be made aware of however it is the sole responsibility of the client to ensure the appropriate license is applicable to their usage.
In accordance with the Australian Copyright Act (1968), 'licensing of copyright is subject to agreement made between client and designer'. Copyright remains the property of 'Yeehaa Creative' until such time an agreement has been made. As part of 'Yeehaa Creative' terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. 'Yeehaa Creative' reserve the right to use all artwork produced, concepts produced during the project (including those concepts not selected) and revisions for the purposes of promoting 'Yeehaa Creative' in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
INTELLECTUAL PROPERTY RIGHTS AND LIABILITY
In every instance that design assets (e.g. Stock imagery, Fonts, Vectors, Patterns) have been sourced, used, purchased, obtained from a third party other than The Client or 'Yeehaa Creative' for the design work, the Client understands that these design assets may or may not be protected by third party copyright. 'Yeehaa Creative' to the best of our ability will endeavour to disclose any intellectual property rights and copyright associated where known and the licensing options available to you as the client. Through payment and approval of the finished artwork, The Client acknowledges the liabilities and risks involved in proceeding without being granted or purchasing the appropriate licenses for permission for usage for the intended use. Although 'Yeehaa Creative' may suggest the appropriate licenses to obtain to 'The Client', it is the clients responsibility to ensure the appropriate and correct license is in place and where necessary or use at their own risk. 'The Client' should familiarise themselves on the intellectual property rights and copyright which may be contained and the options available. If you are unclear on copyright guidelines, please refer to the government website for copyright at http://www.ipaustralia.gov.au/. Under no circumstances is 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the materials prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. In acceptance of the job, you accept a transfer of ownership and agree to finalise payment before its usage.
GOODWILL
This proposal assumes goodwill from both 'Yeehaa Creative' and 'The Client' regarding:
RESENDING UPLOADING FILES
If a client loses or accidentally deletes the files delivered by 'Yeehaa Creative' at the completion of the project, 'Yeehaa Creative' can re-upload the file to Drop Box for a fee.
ARTWORK ON DVD OR USB DRIVE
If any client artwork is required on CD/DVD, an administration fee of approximately $USD50 plus courier/postage will be payable.
WEBSITE DESIGN CREDIT
'The Client' agrees to allow 'Yeehaa Creative' to place credit on printed material exhibition displays, advertisements and/or a 'Yeehaa Creative' on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page. 'The Client' also agrees to allow 'Yeehaa Creative' to place websites and other designs, along with a link to the client's site on 'Yeehaa Creative's own website for self-promotional purposes.
TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to 'Yeehaa Creative'. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (to be determined by 'Yeehaa Creative' and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate plus tax. If a project is cancelled by 'Yeehaa Creative' due to unforeseen circumstances and not classified in these 'Terms of Engagement', the deposit will be refunded in full to the client in a timely manner. In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by 'Yeehaa Creative'.
LATE PAYMENTS & DEFAULT
Accounts which are not paid within 7 days will incur a late administration fee. Accounts which remain outstanding for 14 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. An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or 'The Client' has stated expressly that they do not intend to pay an invoice by 'Yeehaa Creative', unless prior arrangements have been made. 'Yeehaa Creative' shall at its sole discretion suspend any and/or all services provided to the client by 'Yeehaa Creative' or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection until the total outstanding balance has been fully paid. This includes any and/or all unpaid monies 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 agrees to pay 'Yeehaa Creative' reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. 'Yeehaa Creative' retains all copyright for work performed until full project costs have been paid. 'Yeehaa Creative' reserves the right to reuse or resell work undertaken in the case of payment default. 'Yeehaa Creative' accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, because 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.
CONFIDENTIALITY
It is agreed that employees of 'Yeehaa Creative' shall not at any time either during the continuance of the work outlined or thereafter, except during their duties, divulge any of the confidential affairs of 'The Client' or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of 'The Client'.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by 'The Client' and signed by an authorized representative of 'Yeehaa Creative' prior to the commencement of work outlined in this submission.
CREATIVE DISCLAIMER
'Yeehaa Creative' take a professional approach in providing creative solutions based on a design brief that the client has provided and to the best of our ability through an immersive and collaborative design process. Our strategic objective is to meet and exceed a client's expectations through consultation and creating a design solution to resolve the client's design brief. Design, graphic design, visual communications, marketing strategy and creative content are all subjective art forms thus, 'Yeehaa Creative' cannot be held responsible for any variations between client expectation and outcome that have not been addressed throughout the consultative design process.
COMMENCEMENT OF WORK
These terms govern your engagement of services of 'Yeehaa Creative'. By engagement of 'Yeehaa Creative' you agree to be bound by these 'Terms of Engagement'. Agreement to work with and/or submission of a design brief, payment of deposit establishes agreement to these 'Terms of Engagement'.
PAYMENT TERM
Any payment deems the client has read and agrees to the 'Terms of Engagement' set out with this invoice and/or located at www.yeehaacreative.com.
The Client agrees to pay an 'Initial Deposit' 50% of total quoted amount unless otherwise specified in the design proposal or quote to commence any creative project. Once the design process has started and research and resources have been allocated to a project this deposit is non-refundable.
A 'Balance of Payment' COD (Cash on Delivery) for the remaining balance equal to the sum of total invoiced or quoted cost is due upon completion. Upon 'The Client' final approval and balance of payment, finished artwork (this does not include any design concepts presented) will be provided in the requested file formats by email or provided link to a shared file storage.
Under no circumstance is 'The Client' granted permission of usage of finished artwork until a final balance of payment has been received. 'Yeehaa Creative' retains the rights on design content, digital assets and licenses contained within the design and will remain the property of the 'Yeehaa Creative'. Under no circumstance is the client permitted rights of usage for any design concept presented at any point throughout the design process other than the agreed finished artwork that has been given approval. Additional costs may apply for search, selection and licensing of stock imagery, vectors, fonts or other digital assets if contained.
Publication and/or release of work performed on behalf of the client by 'Yeehaa Creative' may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $USD20 + tax. Accounts which remain outstanding for 14 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 that we can discuss a solution that works for you or your company.
'CHANGE OF MIND' AND 'CHANGE OF CREATIVE DIRECTION'
In the case of a 'Change of Mind' by 'The Client' after the project has commenced, the initial deposit is non-refundable. 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.
The client may be subject to additional costs based on the additional time (hours) spent on the project (to date) above and beyond the initial deposit amount. This also includes what is deemed ''Change of Creative Direction'' whereby after two rounds of revisions on draft design concepts any ''Change of Creative Direction'' that has not been addressed up to that point of the design process, the client may be subject to additional costs calculated on an hourly basis. 'Yeehaa Creative' reserve the right to terminate any project with no penalty in the event of 'Change of Mind' or ''Change of Creative Direction'' without refund of deposit.
DESIGN SAMPLES
'The Client' agrees that 'Yeehaa Creative' may showcase any/all work created during a project as part of their portfolio in any form. 'Yeehaa Creative' acknowledges the confidential nature of projects and agrees to only display work once product/site has been publicly launched/commences.
FORCE MAJEURE
'Yeehaa Creative' shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of 'Yeehaa Creative' including but not limited to client changes, client delays, poor communication, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, 'The Client' agrees to pay appropriate fees for excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
EXCESS WORK
This is defined as any work involving additions to the list of items defined in the Project Proposal or Quote or changes to all pieces of finished artwork after sign off by an authorised representative of 'The Client'. 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 the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a proportionate hourly fee will be payable. Should the additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
LIABILITY & LITIGATION
Under no circumstances shall 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the supplies prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
APPROVAL OF FINAL ARTWORK
While 'Yeehaa Creative' takes all care to avoid errors, 'Yeehaa Creative' accepts no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production. It is 'The Client' responsibility to proof read and approve all final copy before the production of 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 oversights by "The Client's" proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that 'Yeehaa Creative' is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. 'Yeehaa Creative' will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify 'Yeehaa Creative' of any such errors during the revision process and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform 'Yeehaa Creative' within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
PRINT – COLOUR VARIATIONS
With all printing, there may be some colour variations between what is viewed on screen and what is printed. This may be due to difference in viewing RGB on screen and CMYK colours in a print run and/or the type and quality of printer you choose and/or the type and quality of paper used and/or printing in bulk. 'Yeehaa Creative' is not responsible for printing done by the client.
COPYRIGHT
'Yeehaa Creative' retains full ownership of design concepts, ideas and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights transfers to the client. Unused concepts remain the property of 'Yeehaa Creative'. 'Yeehaa Creative' may still use paid-for concepts in its promotional materials and/or design portfolio. Unless the client requests otherwise, 'Yeehaa Creative' retains the right to display design credit on works we produce, except for corporate stationery. The granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the final artwork. Until final payment has been made 'Yeehaa Creative' retains ownership of all artwork.
'Yeehaa Creative' reserve the right to use any elements used to create the graphics including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. 'Yeehaa Creative' reserve 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 'Yeehaa Creative' all services provided shall be for the exclusive use of the clients 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 'Yeehaa Creative' shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed. Licensing terms for any contained asset based on the intended usage specified by client in the design brief, the client will be made aware of however it is the sole responsibility of the client to ensure the appropriate license is applicable to their usage.
In accordance with the Australian Copyright Act (1968), 'licensing of copyright is subject to agreement made between client and designer'. Copyright remains the property of 'Yeehaa Creative' until such time an agreement has been made. As part of 'Yeehaa Creative' terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. 'Yeehaa Creative' reserve the right to use all artwork produced, concepts produced during the project (including those concepts not selected) and revisions for the purposes of promoting 'Yeehaa Creative' in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
INTELLECTUAL PROPERTY RIGHTS AND LIABILITY
In every instance that design assets (e.g. Stock imagery, Fonts, Vectors, Patterns) have been sourced, used, purchased, obtained from a third party other than The Client or 'Yeehaa Creative' for the design work, the Client understands that these design assets may or may not be protected by third party copyright. 'Yeehaa Creative' to the best of our ability will endeavour to disclose any intellectual property rights and copyright associated where known and the licensing options available to you as the client. Through payment and approval of the finished artwork, The Client acknowledges the liabilities and risks involved in proceeding without being granted or purchasing the appropriate licenses for permission for usage for the intended use. Although 'Yeehaa Creative' may suggest the appropriate licenses to obtain to 'The Client', it is the clients responsibility to ensure the appropriate and correct license is in place and where necessary or use at their own risk. 'The Client' should familiarise themselves on the intellectual property rights and copyright which may be contained and the options available. If you are unclear on copyright guidelines, please refer to the government website for copyright at http://www.ipaustralia.gov.au/. Under no circumstances is 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the materials prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. In acceptance of the job, you accept a transfer of ownership and agree to finalise payment before its usage.
GOODWILL
This proposal assumes goodwill from both 'Yeehaa Creative' and 'The Client' regarding:
- What can reasonably be achieved in the given time frame.
- Making best use of resources to achieve the most effective outcomes.
- Deadlines can be affected by 'Change of Mind', ''Change of Creative Direction'', time zone differences, quality of communication.
RESENDING UPLOADING FILES
If a client loses or accidentally deletes the files delivered by 'Yeehaa Creative' at the completion of the project, 'Yeehaa Creative' can re-upload the file to Drop Box for a fee.
ARTWORK ON DVD OR USB DRIVE
If any client artwork is required on CD/DVD, an administration fee of approximately $USD50 plus courier/postage will be payable.
WEBSITE DESIGN CREDIT
'The Client' agrees to allow 'Yeehaa Creative' to place credit on printed material exhibition displays, advertisements and/or a 'Yeehaa Creative' on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page. 'The Client' also agrees to allow 'Yeehaa Creative' to place websites and other designs, along with a link to the client's site on 'Yeehaa Creative's own website for self-promotional purposes.
TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to 'Yeehaa Creative'. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (to be determined by 'Yeehaa Creative' and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate plus tax. If a project is cancelled by 'Yeehaa Creative' due to unforeseen circumstances and not classified in these 'Terms of Engagement', the deposit will be refunded in full to the client in a timely manner. In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by 'Yeehaa Creative'.
LATE PAYMENTS & DEFAULT
Accounts which are not paid within 7 days will incur a late administration fee. Accounts which remain outstanding for 14 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. An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or 'The Client' has stated expressly that they do not intend to pay an invoice by 'Yeehaa Creative', unless prior arrangements have been made. 'Yeehaa Creative' shall at its sole discretion suspend any and/or all services provided to the client by 'Yeehaa Creative' or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection until the total outstanding balance has been fully paid. This includes any and/or all unpaid monies 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 agrees to pay 'Yeehaa Creative' reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. 'Yeehaa Creative' retains all copyright for work performed until full project costs have been paid. 'Yeehaa Creative' reserves the right to reuse or resell work undertaken in the case of payment default. 'Yeehaa Creative' accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, because 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.
CONFIDENTIALITY
It is agreed that employees of 'Yeehaa Creative' shall not at any time either during the continuance of the work outlined or thereafter, except during their duties, divulge any of the confidential affairs of 'The Client' or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of 'The Client'.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by 'The Client' and signed by an authorized representative of 'Yeehaa Creative' prior to the commencement of work outlined in this submission.
CREATIVE DISCLAIMER
'Yeehaa Creative' take a professional approach in providing creative solutions based on a design brief that the client has provided and to the best of our ability through an immersive and collaborative design process. Our strategic objective is to meet and exceed a client's expectations through consultation and creating a design solution to resolve the client's design brief. Design, graphic design, visual communications, marketing strategy and creative content are all subjective art forms thus, 'Yeehaa Creative' cannot be held responsible for any variations between client expectation and outcome that have not been addressed throughout the consultative design process.
WE DO OUR HOMEWORK
IDEA GENERATION
DRAFT DESIGN CONCEPTS
REVISE, REFINE, REFINE SOME MORE!
FINAL DESIGN CONCEPT
Upon your final approval we provide finished artwork, prepare the requested file formats, purchasing licensing (e.g imagery and fonts where necessary) and with a balance payment, deliver the finished files by email or provide a link to a shared file storage. Good to go - ready for lift off!
APPROVAL & DELIVERY
Tell us about it. We're all ears. A good design process follows strong communication. It's not just about making a design look good. That's why our creative process always begins by building a design brief. Share a little information about your next project so we can send a more detailed design proposal and costing.
What's the Big Idea?
Tell us about it. We're all ears. A good design process follows strong communication. It's not just about making a design look good. That's why our creative process always begins by building a design brief. Share a little information about your next project so we can send a more detailed design proposal and costing.
What's the Big Idea?
We are an independent design studio, hungry for creativity and armed with an eye for design. Established by Director Anthony Yee in 2008, Yeehaa Creative is now based in London and Sydney and has evolved into a talent based collaborative of designers and creatives who provide comprehensive visual communications services as a multi-discipline Creative & Graphic Design Studio working with clients from all corners of the business world.
About Yeehaa Creative.
Connect with us through social media channels. Our preferred channel is Instagram where we post most of our activity. If you're interested in what we're up to, you'll find some of our current projects and inspiration.
Social Media.
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© 2016 Yeehaa Creative
Yeehaa Creative
Terms of Engagement
This document outlines 'Yeehaa Creative' (referred to as 'Yeehaa Creative' or 'We' or 'Us') standard 'Terms of Engagement'. It is important that you ('The Client') take time to read and familiarise thoroughly and ensure you fully understand the terms and their implications before you commence any project with 'Yeehaa Creative'. We reserve the right to alter these 'Terms of Engagement' without notice. Please contact us if you do not understand any of the terms contained within this document. A copy of these Terms of Engagement can be emailed upon request.
COMMENCEMENT OF WORK
These terms govern your engagement of services of 'Yeehaa Creative'. By engagement of 'Yeehaa Creative' you agree to be bound by these 'Terms of Engagement'. Agreement to work with and/or submission of a design brief, payment of deposit establishes agreement to these 'Terms of Engagement'.
PAYMENT TERM
Any payment deems the client has read and agrees to the 'Terms of Engagement' set out with this invoice and/or located at www.yeehaacreative.com.
The Client agrees to pay an 'Initial Deposit' 50% of total quoted amount unless otherwise specified in the design proposal or quote to commence any creative project. Once the design process has started and research and resources have been allocated to a project this deposit is non-refundable.
A 'Balance of Payment' COD (Cash on Delivery) for the remaining balance equal to the sum of total invoiced or quoted cost is due upon completion. Upon 'The Client' final approval and balance of payment, finished artwork (this does not include any design concepts presented) will be provided in the requested file formats by email or provided link to a shared file storage.
Under no circumstance is 'The Client' granted permission of usage of finished artwork until a final balance of payment has been received. 'Yeehaa Creative' retains the rights on design content, digital assets and licenses contained within the design and will remain the property of the 'Yeehaa Creative'. Under no circumstance is the client permitted rights of usage for any design concept presented at any point throughout the design process other than the agreed finished artwork that has been given approval. Additional costs may apply for search, selection and licensing of stock imagery, vectors, fonts or other digital assets if contained.
Publication and/or release of work performed on behalf of the client by 'Yeehaa Creative' may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $USD20 + tax. Accounts which remain outstanding for 14 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 that we can discuss a solution that works for you or your company.
'CHANGE OF MIND' AND 'CHANGE OF CREATIVE DIRECTION'
In the case of a 'Change of Mind' by 'The Client' after the project has commenced, the initial deposit is non-refundable. 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.
The client may be subject to additional costs based on the additional time (hours) spent on the project (to date) above and beyond the initial deposit amount. This also includes what is deemed ''Change of Creative Direction'' whereby after two rounds of revisions on draft design concepts any ''Change of Creative Direction'' that has not been addressed up to that point of the design process, the client may be subject to additional costs calculated on an hourly basis. 'Yeehaa Creative' reserve the right to terminate any project with no penalty in the event of 'Change of Mind' or ''Change of Creative Direction'' without refund of deposit.
DESIGN SAMPLES
'The Client' agrees that 'Yeehaa Creative' may showcase any/all work created during a project as part of their portfolio in any form. 'Yeehaa Creative' acknowledges the confidential nature of projects and agrees to only display work once product/site has been publicly launched/commences.
FORCE MAJEURE
'Yeehaa Creative' shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of 'Yeehaa Creative' including but not limited to client changes, client delays, poor communication, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, 'The Client' agrees to pay appropriate fees for excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
EXCESS WORK
This is defined as any work involving additions to the list of items defined in the Project Proposal or Quote or changes to all pieces of finished artwork after sign off by an authorised representative of 'The Client'. 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 the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a proportionate hourly fee will be payable. Should the additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
LIABILITY & LITIGATION
Under no circumstances shall 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the supplies prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
APPROVAL OF FINAL ARTWORK
While 'Yeehaa Creative' takes all care to avoid errors, 'Yeehaa Creative' accepts no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production. It is 'The Client' responsibility to proof read and approve all final copy before the production of 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 oversights by "The Client's" proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that 'Yeehaa Creative' is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. 'Yeehaa Creative' will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify 'Yeehaa Creative' of any such errors during the revision process and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform 'Yeehaa Creative' within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
PRINT – COLOUR VARIATIONS
With all printing, there may be some colour variations between what is viewed on screen and what is printed. This may be due to difference in viewing RGB on screen and CMYK colours in a print run and/or the type and quality of printer you choose and/or the type and quality of paper used and/or printing in bulk. 'Yeehaa Creative' is not responsible for printing done by the client.
COPYRIGHT
'Yeehaa Creative' retains full ownership of design concepts, ideas and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights transfers to the client. Unused concepts remain the property of 'Yeehaa Creative'. 'Yeehaa Creative' may still use paid-for concepts in its promotional materials and/or design portfolio. Unless the client requests otherwise, 'Yeehaa Creative' retains the right to display design credit on works we produce, except for corporate stationery. The granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the final artwork. Until final payment has been made 'Yeehaa Creative' retains ownership of all artwork.
'Yeehaa Creative' reserve the right to use any elements used to create the graphics including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. 'Yeehaa Creative' reserve 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 'Yeehaa Creative' all services provided shall be for the exclusive use of the clients 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 'Yeehaa Creative' shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed. Licensing terms for any contained asset based on the intended usage specified by client in the design brief, the client will be made aware of however it is the sole responsibility of the client to ensure the appropriate license is applicable to their usage.
In accordance with the Australian Copyright Act (1968), 'licensing of copyright is subject to agreement made between client and designer'. Copyright remains the property of 'Yeehaa Creative' until such time an agreement has been made. As part of 'Yeehaa Creative' terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. 'Yeehaa Creative' reserve the right to use all artwork produced, concepts produced during the project (including those concepts not selected) and revisions for the purposes of promoting 'Yeehaa Creative' in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
INTELLECTUAL PROPERTY RIGHTS AND LIABILITY
In every instance that design assets (e.g. Stock imagery, Fonts, Vectors, Patterns) have been sourced, used, purchased, obtained from a third party other than The Client or 'Yeehaa Creative' for the design work, the Client understands that these design assets may or may not be protected by third party copyright. 'Yeehaa Creative' to the best of our ability will endeavour to disclose any intellectual property rights and copyright associated where known and the licensing options available to you as the client. Through payment and approval of the finished artwork, The Client acknowledges the liabilities and risks involved in proceeding without being granted or purchasing the appropriate licenses for permission for usage for the intended use. Although 'Yeehaa Creative' may suggest the appropriate licenses to obtain to 'The Client', it is the clients responsibility to ensure the appropriate and correct license is in place and where necessary or use at their own risk. 'The Client' should familiarise themselves on the intellectual property rights and copyright which may be contained and the options available. If you are unclear on copyright guidelines, please refer to the government website for copyright at http://www.ipaustralia.gov.au/. Under no circumstances is 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the materials prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. In acceptance of the job, you accept a transfer of ownership and agree to finalise payment before its usage.
GOODWILL
This proposal assumes goodwill from both 'Yeehaa Creative' and 'The Client' regarding:
RESENDING UPLOADING FILES
If a client loses or accidentally deletes the files delivered by 'Yeehaa Creative' at the completion of the project, 'Yeehaa Creative' can re-upload the file to Drop Box for a fee.
ARTWORK ON DVD OR USB DRIVE
If any client artwork is required on CD/DVD, an administration fee of approximately $USD50 plus courier/postage will be payable.
WEBSITE DESIGN CREDIT
'The Client' agrees to allow 'Yeehaa Creative' to place credit on printed material exhibition displays, advertisements and/or a 'Yeehaa Creative' on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page. 'The Client' also agrees to allow 'Yeehaa Creative' to place websites and other designs, along with a link to the client's site on 'Yeehaa Creative's own website for self-promotional purposes.
TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to 'Yeehaa Creative'. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (to be determined by 'Yeehaa Creative' and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate plus tax. If a project is cancelled by 'Yeehaa Creative' due to unforeseen circumstances and not classified in these 'Terms of Engagement', the deposit will be refunded in full to the client in a timely manner. In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by 'Yeehaa Creative'.
LATE PAYMENTS & DEFAULT
Accounts which are not paid within 7 days will incur a late administration fee. Accounts which remain outstanding for 14 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. An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or 'The Client' has stated expressly that they do not intend to pay an invoice by 'Yeehaa Creative', unless prior arrangements have been made. 'Yeehaa Creative' shall at its sole discretion suspend any and/or all services provided to the client by 'Yeehaa Creative' or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection until the total outstanding balance has been fully paid. This includes any and/or all unpaid monies 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 agrees to pay 'Yeehaa Creative' reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. 'Yeehaa Creative' retains all copyright for work performed until full project costs have been paid. 'Yeehaa Creative' reserves the right to reuse or resell work undertaken in the case of payment default. 'Yeehaa Creative' accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, because 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.
CONFIDENTIALITY
It is agreed that employees of 'Yeehaa Creative' shall not at any time either during the continuance of the work outlined or thereafter, except during their duties, divulge any of the confidential affairs of 'The Client' or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of 'The Client'.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by 'The Client' and signed by an authorized representative of 'Yeehaa Creative' prior to the commencement of work outlined in this submission.
CREATIVE DISCLAIMER
'Yeehaa Creative' take a professional approach in providing creative solutions based on a design brief that the client has provided and to the best of our ability through an immersive and collaborative design process. Our strategic objective is to meet and exceed a client's expectations through consultation and creating a design solution to resolve the client's design brief. Design, graphic design, visual communications, marketing strategy and creative content are all subjective art forms thus, 'Yeehaa Creative' cannot be held responsible for any variations between client expectation and outcome that have not been addressed throughout the consultative design process.
COMMENCEMENT OF WORK
These terms govern your engagement of services of 'Yeehaa Creative'. By engagement of 'Yeehaa Creative' you agree to be bound by these 'Terms of Engagement'. Agreement to work with and/or submission of a design brief, payment of deposit establishes agreement to these 'Terms of Engagement'.
PAYMENT TERM
Any payment deems the client has read and agrees to the 'Terms of Engagement' set out with this invoice and/or located at www.yeehaacreative.com.
The Client agrees to pay an 'Initial Deposit' 50% of total quoted amount unless otherwise specified in the design proposal or quote to commence any creative project. Once the design process has started and research and resources have been allocated to a project this deposit is non-refundable.
A 'Balance of Payment' COD (Cash on Delivery) for the remaining balance equal to the sum of total invoiced or quoted cost is due upon completion. Upon 'The Client' final approval and balance of payment, finished artwork (this does not include any design concepts presented) will be provided in the requested file formats by email or provided link to a shared file storage.
Under no circumstance is 'The Client' granted permission of usage of finished artwork until a final balance of payment has been received. 'Yeehaa Creative' retains the rights on design content, digital assets and licenses contained within the design and will remain the property of the 'Yeehaa Creative'. Under no circumstance is the client permitted rights of usage for any design concept presented at any point throughout the design process other than the agreed finished artwork that has been given approval. Additional costs may apply for search, selection and licensing of stock imagery, vectors, fonts or other digital assets if contained.
Publication and/or release of work performed on behalf of the client by 'Yeehaa Creative' may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the client terminates the contract, after work has commenced.
All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $USD20 + tax. Accounts which remain outstanding for 14 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 that we can discuss a solution that works for you or your company.
'CHANGE OF MIND' AND 'CHANGE OF CREATIVE DIRECTION'
In the case of a 'Change of Mind' by 'The Client' after the project has commenced, the initial deposit is non-refundable. 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.
The client may be subject to additional costs based on the additional time (hours) spent on the project (to date) above and beyond the initial deposit amount. This also includes what is deemed ''Change of Creative Direction'' whereby after two rounds of revisions on draft design concepts any ''Change of Creative Direction'' that has not been addressed up to that point of the design process, the client may be subject to additional costs calculated on an hourly basis. 'Yeehaa Creative' reserve the right to terminate any project with no penalty in the event of 'Change of Mind' or ''Change of Creative Direction'' without refund of deposit.
DESIGN SAMPLES
'The Client' agrees that 'Yeehaa Creative' may showcase any/all work created during a project as part of their portfolio in any form. 'Yeehaa Creative' acknowledges the confidential nature of projects and agrees to only display work once product/site has been publicly launched/commences.
FORCE MAJEURE
'Yeehaa Creative' shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of 'Yeehaa Creative' including but not limited to client changes, client delays, poor communication, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, 'The Client' agrees to pay appropriate fees for excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
EXCESS WORK
This is defined as any work involving additions to the list of items defined in the Project Proposal or Quote or changes to all pieces of finished artwork after sign off by an authorised representative of 'The Client'. 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 the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a proportionate hourly fee will be payable. Should the additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
LIABILITY & LITIGATION
Under no circumstances shall 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the supplies prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
APPROVAL OF FINAL ARTWORK
While 'Yeehaa Creative' takes all care to avoid errors, 'Yeehaa Creative' accepts no responsibility for typographical errors, spelling mistakes or incorrect information on any project committed to print or production. It is 'The Client' responsibility to proof read and approve all final copy before the production of 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 oversights by "The Client's" proof reading.
PRINT RETURNS AND REFUNDS
It is agreed that 'Yeehaa Creative' is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. 'Yeehaa Creative' will not be held responsible for any changes or amendment made after approval. It is the sole responsibility of the client to notify 'Yeehaa Creative' of any such errors during the revision process and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform 'Yeehaa Creative' within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
PRINT – COLOUR VARIATIONS
With all printing, there may be some colour variations between what is viewed on screen and what is printed. This may be due to difference in viewing RGB on screen and CMYK colours in a print run and/or the type and quality of printer you choose and/or the type and quality of paper used and/or printing in bulk. 'Yeehaa Creative' is not responsible for printing done by the client.
COPYRIGHT
'Yeehaa Creative' retains full ownership of design concepts, ideas and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights transfers to the client. Unused concepts remain the property of 'Yeehaa Creative'. 'Yeehaa Creative' may still use paid-for concepts in its promotional materials and/or design portfolio. Unless the client requests otherwise, 'Yeehaa Creative' retains the right to display design credit on works we produce, except for corporate stationery. The granting of copyright does not extend to the use of design proposals and concepts submitted but not approved for the final artwork. Until final payment has been made 'Yeehaa Creative' retains ownership of all artwork.
'Yeehaa Creative' reserve the right to use any elements used to create the graphics including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items. 'Yeehaa Creative' reserve 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 'Yeehaa Creative' all services provided shall be for the exclusive use of the clients 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 'Yeehaa Creative' shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed. Licensing terms for any contained asset based on the intended usage specified by client in the design brief, the client will be made aware of however it is the sole responsibility of the client to ensure the appropriate license is applicable to their usage.
In accordance with the Australian Copyright Act (1968), 'licensing of copyright is subject to agreement made between client and designer'. Copyright remains the property of 'Yeehaa Creative' until such time an agreement has been made. As part of 'Yeehaa Creative' terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. 'Yeehaa Creative' reserve the right to use all artwork produced, concepts produced during the project (including those concepts not selected) and revisions for the purposes of promoting 'Yeehaa Creative' in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
INTELLECTUAL PROPERTY RIGHTS AND LIABILITY
In every instance that design assets (e.g. Stock imagery, Fonts, Vectors, Patterns) have been sourced, used, purchased, obtained from a third party other than The Client or 'Yeehaa Creative' for the design work, the Client understands that these design assets may or may not be protected by third party copyright. 'Yeehaa Creative' to the best of our ability will endeavour to disclose any intellectual property rights and copyright associated where known and the licensing options available to you as the client. Through payment and approval of the finished artwork, The Client acknowledges the liabilities and risks involved in proceeding without being granted or purchasing the appropriate licenses for permission for usage for the intended use. Although 'Yeehaa Creative' may suggest the appropriate licenses to obtain to 'The Client', it is the clients responsibility to ensure the appropriate and correct license is in place and where necessary or use at their own risk. 'The Client' should familiarise themselves on the intellectual property rights and copyright which may be contained and the options available. If you are unclear on copyright guidelines, please refer to the government website for copyright at http://www.ipaustralia.gov.au/. Under no circumstances is 'Yeehaa Creative' be liable to 'The Client' for an indirect or consequential loss suffered by 'The Client' relying on the information included in the materials prepared by 'Yeehaa Creative' including (without limitation) loss of profit, loss of contracts or pure economic loss. In acceptance of the job, you accept a transfer of ownership and agree to finalise payment before its usage.
GOODWILL
This proposal assumes goodwill from both 'Yeehaa Creative' and 'The Client' regarding:
- What can reasonably be achieved in the given time frame.
- Making best use of resources to achieve the most effective outcomes.
- Deadlines can be affected by 'Change of Mind', ''Change of Creative Direction'', time zone differences, quality of communication.
RESENDING UPLOADING FILES
If a client loses or accidentally deletes the files delivered by 'Yeehaa Creative' at the completion of the project, 'Yeehaa Creative' can re-upload the file to Drop Box for a fee.
ARTWORK ON DVD OR USB DRIVE
If any client artwork is required on CD/DVD, an administration fee of approximately $USD50 plus courier/postage will be payable.
WEBSITE DESIGN CREDIT
'The Client' agrees to allow 'Yeehaa Creative' to place credit on printed material exhibition displays, advertisements and/or a 'Yeehaa Creative' on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page. 'The Client' also agrees to allow 'Yeehaa Creative' to place websites and other designs, along with a link to the client's site on 'Yeehaa Creative's own website for self-promotional purposes.
TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to 'Yeehaa Creative'. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (to be determined by 'Yeehaa Creative' and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate plus tax. If a project is cancelled by 'Yeehaa Creative' due to unforeseen circumstances and not classified in these 'Terms of Engagement', the deposit will be refunded in full to the client in a timely manner. In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by 'Yeehaa Creative'.
LATE PAYMENTS & DEFAULT
Accounts which are not paid within 7 days will incur a late administration fee. Accounts which remain outstanding for 14 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. An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or 'The Client' has stated expressly that they do not intend to pay an invoice by 'Yeehaa Creative', unless prior arrangements have been made. 'Yeehaa Creative' shall at its sole discretion suspend any and/or all services provided to the client by 'Yeehaa Creative' or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection until the total outstanding balance has been fully paid. This includes any and/or all unpaid monies 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 agrees to pay 'Yeehaa Creative' reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions. 'Yeehaa Creative' retains all copyright for work performed until full project costs have been paid. 'Yeehaa Creative' reserves the right to reuse or resell work undertaken in the case of payment default. 'Yeehaa Creative' accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, because 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.
CONFIDENTIALITY
It is agreed that employees of 'Yeehaa Creative' shall not at any time either during the continuance of the work outlined or thereafter, except during their duties, divulge any of the confidential affairs of 'The Client' or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of 'The Client'.
AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by 'The Client' and signed by an authorized representative of 'Yeehaa Creative' prior to the commencement of work outlined in this submission.
CREATIVE DISCLAIMER
'Yeehaa Creative' take a professional approach in providing creative solutions based on a design brief that the client has provided and to the best of our ability through an immersive and collaborative design process. Our strategic objective is to meet and exceed a client's expectations through consultation and creating a design solution to resolve the client's design brief. Design, graphic design, visual communications, marketing strategy and creative content are all subjective art forms thus, 'Yeehaa Creative' cannot be held responsible for any variations between client expectation and outcome that have not been addressed throughout the consultative design process.