Terms & Conditions
We accept that you have read and understood these conditions covering our business dealings and, when placing an order or engaging a service, you are bound by these terms.
Creativo Visual Communications Group Pty Ltd hereinafter referred to as Creativo or the Company, will not be bound by any conditions directed by the client, hereinafter known as the Customer, unless these conditions are formally agreed to in writing and signed by the relevant directors and patrons of Creativo.
Any work of a preliminary nature or otherwise, undertaken by Creativo on behalf of the Customer, will be charged at the current stated rate.
Creativo will not be held to, or bound by, any verbal quotations whatsoever made and will only honour firm, written quotations agreed upon and signed by both Creativo and the Customer. This will be considered to be valid only after Creativo has received and examined the relevant samples.
Any contracted work agreed upon by Creativo and the Customer, herein to be referred to as the Contract, shall include, and be subject to, the following conditions:
a) Should the Customer seek to include any other terms in the Contract, they will be expressly excluded.
b) Creativo will consider an order to be valid and accepted upon receipt of the Customer's authorisation, be it by fax, e-mail or by verbal agreement.
No order placed by Creativo, regardless of whether it is in response to a quotation, shall be binding upon Creativo until such time as the Company accepts the order in writing.
If the Customer seeks to cancel an order, Creativo is not obliged to accept the cancellation and may demand a fee before agreeing to do so.
Price lists and job specifications are provided for information purposes only and are not in any way binding or to be regarded as contractual offers for sale. They are subject to changes or withdrawal without notice.
Creativo's written quotations are based on the current cost of production and, unless specifically agreed to in writing, are subject to adjustment at any time, should it become necessary to meet any unforeseen rise or fall in production costs, irrespective of whether the Customer has agreed to the design and print job.
The pricing of goods and services is undertaken in line with Creativo's official price list covering goods on delivery, with the implicit understanding that pricing is subject to adjustment without notice, should supply costs fluctuate.
PROOFS AND ERRORS
Proofs are available for inspection and approval by the Customer upon request. However, Creativo accepts no responsibility or liability for the following:
a) Any errors found after the proofs have been examined and approved by the Customer.
b) Any materials which the Customer has approved, instructed or given artistic licence to the designer to use.
c) Any spelling or grammatical errors appearing in the product and copy, after the proof has been submitted and approved by the Customer.
Additional charges will be incurred for major corrections, amendments, style alterations and content changes requested in the corrected proofs after they have been accepted by the Customer.
Instructions and orders taken over the telephone will be accepted only by Creativo at the Customer's risk and responsibility.
All orders should be accompanied by an order form and signed by the Customer.
Proofs are deemed to be accepted at the point of receipt, whether or not signed by the Customer. Proofs are not colour calibrated and, as such, no responsibility will be taken for any deviation from or difference to the final product, from that of the supplied proofs.
Complaints regarding services, or work supplied which the Customer deems to be the fault of Creativo, should be addressed in writing within seven days of delivery or receipt of invoice, whichever occurs first.
After this date, all goods and services will be deemed to be acceptable for use by the Customer. Any use of supplied goods will also be considered as acceptance of these goods.
Creativo will consider making financial recompense only in the case of the goods in question being returned, in full or in part, which are considered unacceptable as a result of Creativo not fulfilling the order agreed upon by the Customer and Creativo.
Creativo is entitled to invoice the Customer for providing goods and services upon completion of the Customer's order, irrespective of whether those goods and services have been collected by, or delivered to, the Customer.
Payment shall be considered to be due once the Customer has been notified of the completion of the order.
Should Creativo agree to deliver the goods or expedite the order outside the agreed terms, the Customer may be additionally charged for this provision.
Should the Customer's order be delayed or suspended for a period of 30 days as a result of any action or omission by the Customer, Creativo shall be entitled to payment for that part of the order already undertaken.
Should the Customer fail to supply any necessary or requested information for a period of more than 10 working days and, by doing so, prevent the completion of the order, Creativo is entitled to invoice the Customer for the full amount of the order.
Should the Customer subsequently fail to make payment by the due date, then, without prejudice to any other right or remedy available to the Company, Creativo is entitled to:
a) Cancel the Contract and cease any further deliveries to the Customer.
b) Appropriate any payment made by the Customer as Creativo may think fit.
c) Charge the Customer all costs and expenses involved in collecting the overdue payment.
An interest charge of 12 per cent per month will be applied to all outstanding unpaid balances, the charge being calculated by applying a monthly rate to the statement value at the start of each calendar month until the outstanding amount is paid in full. In assessing these calculations, a part of the month will be considered as a full month.
In the event of a late payment after the payment of the lump sum, the Customer will be liable to pay the same, and will not be absolved from the liability of such interest.
Payment is accepted on a 30-day basis only on submission by the Customer of the appropriate form with accompanying account number for approval by Creativo. The agreed 30-day payment term is also subject to withdrawal at any time.
All 30-day payment terms are also subject to a $1,500 credit limit which may be increased only by written application by the Customer and subsequent approval by Creativo.
Any account exceeding this limit will be considered to be a failed payment and deemed to be due immediately, with interest charges applying from the date of the invoice.
Delivery of orders will be suspended on all overdue accounts and any cheques which are returned or stopped will incur a $30 charge in each instance, to be paid by the Customer and an immediate stop placed on the account.
Creativo will select the most economical and efficient carrier to deliver its goods and services to the Customer.
The Company will make every endeavour to deliver the said goods and services on or before the agreed date; however, in the event of any delay, the Customer will not be entitled to cancel or change their order, or hold Creativo responsible for any consequences or damage resulting from such delay.
Any damage sustained during the transit of goods remains the sole responsibility of the carrier, and resultant claims will be dealt with in accordance with the carrier's terms and conditions governing such matters. Responsibility remains with the Customer to follow through with any claims.
Upon delivery of the Company's goods and services, the signature of the Customer or any agent or employee of the Customer, will validate proof of receipt.
Should Creativo be unable to obtain a signature, the risk attached to the goods will thereafter be carried by the Customer.
The Customer will also be liable for any costs in the form of additional cartage, storage, damage or losses occurring as a result of the Customer refusing to take delivery of the ordered goods.
Should the Customer specify a particular form of transport such as overnight delivery, the Customer will bear any additional charges incurred.
Creativo retains the right to make partial deliveries and the goods, in either full or partial delivery, shall be considered to be sold under separate contract and may be invoiced separately.
Non-delivery of goods, shortage in delivery, or claims made by the Customer in respect of any delivery, full or partial, shall not entitle the Customer to reject any other goods.
Creativo shall not be liable for any losses, direct or consequential, incurred by the Customer as a result of third party claims caused by error, failure, delay in completing the order, or delay in delivery.
This includes any alleged losses resulting from the shutdown of web services due to non-payment.
Unless otherwise agreed to in writing, payment shall be made by the due date and failure to do so will be considered to be non-payment.
Creativo will accept liability for rectifying any defective work, inasmuch as it is reasonable.
Payment of accounts must be finalised before any refunds can be given or any dispute resolution considered.
UNDER OR OVER SUPPLY
Goods supplied and delivered shall match the order stated on the Acknowledgement of Order form.
Creativo reserves the right to supply either more, or less, than the ordered amount by a 20 per cent margin.
In the case of undersupply, the order will be subject to a discount based on the amount involved.
In the case of oversupply, the additional amount will not be charged.
When time deadlines are involved, Creativo reserves the right to oversupply to allow for cast-offs and the culling of all `bad print' runs, as necessary.
However, should Creativo supply the required goods faster than stated, it may then be necessary to leave the cast-offs in the run, and the Customer accepts the responsibility for removing up to 20 per cent of these from the order.
On the issue of quality, Creativo is committed to making every effort to ensure good quality workmanship and material.
However, all warranties and conditions involving material and workmanship, be they express or implied, or concerning the quality and suitability of goods for any particular purpose, whether or not that purpose is known to Creativo, are excluded.
If, however, any of the materials prove defective, Creativo will be prepared to replace such materials, free of charge to the place of delivery, in the condition originally specified, OR refund the Customer the agreed contract price of the goods if required to do so within a reasonable time, not being more than 12 months from the delivery date.
Creativo's liability is restricted to such specified replacement or refund and does not extend to any other expenditure that may be incurred, including consequential damage.
For this warranty to apply, the goods must have firstly been accepted and paid for by the Customer and, secondly, be clearly identified by Creativo as being defective due to faulty workmanship or material.
Creativo is not responsible in any way for products affected by wear and tear, by incorrect or defective storage, by fitting or installation or use, unauthorised reconditioning or repair, accident, negligence, or other causes beyond Creativo's control.
This warranty does not cover or include defects caused by third party contractors, or mistakes made in typesetting or logo placement, which were not pointed out by the Customer in writing, or requested to be corrected.
However, in the event of third party involvement, Creativo will make every effort to follow the matter up with the relevant contractor. This action will not be determined by time.
In any case, full settlement should consist of supply of the original order and Creativo will not be responsible for a refund, or accept cancellation of the order, as a result of third party errors.
Creativo's suppliers, associated companies, employees, or agents are not responsible to the Customer or to any third party for loss or damage resulting from failure by Creativo to deliver ordered goods in a set time frame, or for any defects in goods caused in any other way whatsoever. The Customer hereby indemnifies the said parties and holds them blameless against all such claims, and undertakes the sole responsibility for the satisfaction of all third party claims.
Special offers on goods, services and work are defined by their own terms and conditions.
Creativo reserves the right to cancel any such offers at any time, without explanation.
ERRORS AND OMISSIONS
Price lists, acknowledgments, invoices and the like, are subject to correction of any errors or omissions.
Creativo reserves the right to reject any artwork-related material supplied by the Customer, which it considers to be unsuitable.
Creativo also reserves the right to make additional charges, should such materials be found to be unsuitable during production.
If, for any reason, the Customer is unable to accept delivery or collect the goods at the time they become available, Creativo is under no obligation to store those goods. Creativo may, however, at its own discretion and provided that storage facilities allow, retain the goods at the Customer's risk. In the event, the Customer may also be liable for any reasonable cost incurred by Creativo in this regard, including insurance cover.
RISK AND OWNERSHIP
Ownership of goods which are the subject of this Contract shall not pass to the Customer until they are fully paid for. However, the risk of the goods shall be carried by the Customer from the date they are collected or delivered to the Customer or where stored in accordance with the storage arrangements as detailed above.
All rights of ownership for art and multimedia work remain with Creativo, except where a specific fee has been paid for the acquisition of those services and a certificate issued with the invoice.
The Customer shall be liable for all legal costs, including that of a lawyer and own costs, collection, commission and charges of search agents incurred by Creativo, resulting from any breach on the Customer's part. In the event of any such breach occurring, Creativo is entitled to cancel the Contract and retain all monies paid, without prejudice and within its rights to recover damages. Any indulgence, leniency or extension of time given by Creativo to the Customer will not, in any way prejudice Creativo, or prevent the Company from exercising any of its rights in the future.
Given agreement and subject to the conditions herein, no Contract is able to be cancelled.
Creativo will make every effort in its business dealings to carry out the Customer's instructions and adhere to the consequential Contract. However, Creativo is under no liability if it is unable to carry out any provision of the Contract for reasons beyond the Company's control. This includes inability to secure labour, materials or supplies, the breakdown or malfunction of machinery, or any interference by an Act of God, war, labour dispute, fire, flood, legislation, power supply failure, or any other cause which remains beyond the Company's control.
In the event of such contingencies, the Customer may, by written notification to Creativo, choose to terminate the Contract and pay for work undertaken up to the time of these situations occurring, including the cost of materials used for same. But subject thereto, the Customer will otherwise accept delivery of goods when available.
All matters and correspondence relating to Creativo should be directed to:
PO Box 2763
Burleigh BC QLD 4220