Terms of Service

Creative Current Design & Marketing is also called “We” in this agreement.

The client means the person or business accepting the terms of this agreement/engagement and is also referred to as “you” or “yourself” in this contractual agreement.

Estimates

Estimates will be honoured for 30 (calendar) days.

Estimates that have been provided to you in writing (email), but not accepted will only be honoured within 30 (calendar) days of the initial date of receipt of the estimate.

Charges and Fees

All new graphic and website design projects will be invoiced at the end of the month following project completion. The invoice will reflect the total project cost, and payment is due within the specified terms.

Exceptions may apply to the Arranged Payment Plans specified in my client Project Proposal.

Creative Current Design & Marketing retains the right to hold all project design and development work (with the exception of content and graphics provided by the client), until payment is received in full for such items.

Commencement of Work

Work will begin as soon as is practicable once the terms of engagement have been agreed to through the submission of the form at the bottom of this page, by the client.

Submission of this form, will form an agreement between Creative Current Design & Marketing and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by Creative Current Design & Marketing – but not yet invoiced – in full.

Continuing Authority

The client acknowledges that this is a continuing authority and can only be cancelled by giving Creative Current Design & Marketing 14 days prior notice in writing.

Payment Terms

The client accepts that payment terms in relation to Creative Current Design & Marketing’s fees provide that payment is to be made within 20 days of the date of the invoice unless otherwise agreed with Creative Current Design & Marketing in writing.

If payment is outstanding, the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place.

If the outstanding payment relates to a service provided by Creative Current Design & Marketing, that service will be suspended until the account has been paid in full.

A re-establishment fee may also apply.

Website Design Credit

All websites completed or amended by Creative Current Design & Marketing will display a small ‘Designed by Creative Current Design & Marketing’ text link in the footer of their website.

By engaging Creative Current Design & Marketing to work with you on your website you agree to the above design credit clause and you agree that this link may not be removed without Creative Current Design & Marketing prior consent, or unless some other arrangement has been agreed to – by both parties.

Subcontractors

Creative Current Design & Marketing reserves the right to hire subcontractors on any given project should the need arise.

Ownership, Copyright and Source Files

Upon completion of the project and upon full payment for services rendered, Creative Current Design & Marketing transfer all final PDF files as appropriate for printing, or other graphic files as detailed in the job scope and deliverables section of the proposal.

Source Files are not transferred to the client, and remain the intellectual property of Creative Current Design & Marketing. Charges for design work does not cover the release of copyright design source files, including but not restricted to INND, PSD, AI, raw code or other source files; if the Client requires the source files, they will be subject to a separate quotation or ‘buy-out’ charge.

Software and third-party graphics or programs are not transferred to the client, and remain under copyright of their respective owners or publishers.

Creative Current Design & Marketing reserves the right to resell custom designs and websites that remain unpaid or unused by the original client (e.g. elements from initial concepts not selected by the client). Creative Current Design & Marketing reserve the right to resell unaccepted mock-ups or other graphics created by Creative Current Design & Marketing but not in legal use by the client.

Creative Current Design & Marketing reserves the right to display website’s and graphics that have been designed and/or built by Creative Current Design & Marketing on the Creative Current Design & Marketing website (www.creativecurrent.co.nz), Social Media, and in any marketing material.

Rocketspark Website Security, and Administrator Level Access

Creative Current Design & Marketing are happy to provide administrator-level access to Rocketspark-built websites.

However, Creative Current Design & Marketing will not be held responsible for changes made by you, or agents working on your behalf. – it is important you are aware of the responsibilities user access entails, prior to providing others with access to your website.

Deadlines and Time-frames

Creative Current Design & Marketing understands the importance of completing projects in a timely manner.

However, any delays incurred by the client will cause a subsequent delay and alteration to any agreed schedules. This will consequently impede Creative Current Design & Marketing’s ability to meet previously agreed deadlines. Creative Current Design & Marketing will not be held responsible for missed project milestones or deadlines, resulting from a client’s inability to meet the requirements of the agreed timeline.

Cancellation Policy

This Cancellation Policy ("Policy") sets forth the terms and conditions governing the cancellation of projects between Creative Current Design & Marketing and its clients ("Client").

Project Cancellation by Client:

In the event that the Client decides to cancel a project that is already in progress, the Client must provide written notice to Creative Current Design & Marketing 14 (calendar) days prior to the desired cancellation date.

The Client acknowledges and agrees that cancellation of the project may result in a loss to the Studio, including costs incurred as well as the time and effort invested by Creative Current Design & Marketing.

The Client shall be responsible for payment of any outstanding fees and costs incurred by Creative Current Design & Marketing up until the date of cancellation.

Cancellation Charges:

Upon cancellation of a project by the Client, Creative Current Design & Marketing reserves the right to charge cancellation fees based on the progress made on the project and Creative Current Design & Marketing 's expenses and losses incurred as a result of the cancellation.

The cancellation fees will be determined at Creative Current Design & Marketing 's sole discretion, taking into consideration factors such as the stage of completion, the complexity of the project, and the resources allocated by Creative Current Design & Marketing.

Creative Current Design & Marketing shall give notice of any applicable cancellation fees to the Client within a reasonable period after receiving the cancellation notice.

Retention of Intellectual Property:

In the event of project cancellation, the Client shall not be entitled to use any preliminary designs, concepts, or materials provided by Creative Current Design & Marketing, except with Creative Current Design & Marketing’s written permission.

The Client acknowledges that all intellectual property rights, including but not limited to copyrights and trademarks, associated with any unfinished work or completed deliverables, remain the property of Creative Current Design & Marketing.

Refunds:

Creative Current Design & Marketing reserves the right to retain any fees already paid by the Client prior to cancellation to cover costs and losses incurred up to the date of cancellation.

Refunds, if applicable, will be determined on a case-by-case basis and at Creative Current Design & Marketing’s sole discretion.

Any refund provided by Creative Current Design & Marketing shall be limited to the fees already paid by the Client, minus any applicable cancellation fees and expenses incurred by Creative Current Design & Marketing.

Dispute Resolution:

In the event of any dispute arising from the cancellation of a project, the parties agree to negotiate in good faith to resolve the matter amicably.

If the dispute cannot be resolved through negotiation, the parties may pursue alternative dispute resolution methods such as mediation or arbitration, in accordance with the laws and regulations governing the jurisdiction in which Creative Current Design & Marketing operates (New Zealand).

Modifications:

Creative Current Design & Marketing reserves the right to modify or update this Cancellation Policy from time to time. The most current version of the Policy will be made available on Creative Current Design & Marketing's website or provided to the Client, upon request.

By engaging in a project with Creative Current Design & Marketing, the Client acknowledges and agrees to be bound by this Cancellation Policy.

Non Communication

If Creative Current Design & Marketing is unable to communicate with a client on a project for an extended period of time (5 business days) – by phone or email, the project will be put on hold.

Any previously agreed to time-frames or deadlines will be null and void and will need to be reassessed upon the resumption of communication.

Non Payment

If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended.

These services shall be reinstated once payment (in full) has been received.

The client also accepts that a debt recovery process may be put in place if the account remains outstanding, and they will be liable for all associated debt recovery & legal fees.

If the account remains outstanding after a debt recovery process has been completed the client accepts that they will be default listed.

Liability

Services purchased from Creative Current Design & Marketing are provided “as is” without warranty of any kind. 

In no event shall Creative Current Design & Marketing be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, design services, marketing advice, web hosting and/or goods provided to the client. This includes, without limitation, lost sales, business interruption, reputational damages, loss of data or any other loss directly resulting from the use of a Creative Current Design & Marketing output, advice or service. All risk associated with any Creative Current Design & Marketing service, vests solely in the client. All work should be signed off by the client, prior to completion to ensure it adheres to their brand and business guidelines, this responsibility is the client’s.

Acceptance

Please note that by submitting the form above you are agreeing to all of Creative Current Design & Marketing’s terms of service as written above.

Creative Current Design & Marketing reserves the right to change or update these terms at any time without prior notice.