The Designer (ELOA Creative) will provide the Client with agreed services to the best of their ability. The client agrees to the following terms and conditions upon payment of deposit or complete payment.

Content

The term ‘Content’ refers to Services provided by the Designer to the Client, and includes but not limited to: reel curation, copywriting, graphic design, instagram posts, email newsletters, set work, website design. and website refresh services.

Client Collateral

All images, videos, brand collateral and copywriting must be supplied by the Client, unless otherwise agreed upon. All collateral must be provided within 7 days of its request by the Designer. If the Client does not provide these details within the required timeframe, they may experience delays to the service processes and delivery.

Collateral should all be uploaded to the Client’s dedicated Google Drive Folder or Shared Album and must be supplied in the following digital formats:

Text/copy: Google Document (clearly labelled and in correct order).

Tables: Google Sheets (clearly labelled and in correct order).

Images: High resolution where possible (JPEG, PNG files).

Videos: high resolution where possible (mp4, mov files); files MUST be named and in chronological order of clips.

Logos: vector format (Illustrator EPS/AI) or high quality PNG.

The Client must also provide the Designer with access to any and all platforms required to complete the service.

Ownership

The Designer retains full and complete ownership over any and content created, provided and utilised with either by or on behalf of the Client. The Client (or any other person or entity) is not permitted to make use of, or modify, any content provided by The Designer without the Designer’s agreement in writing.

Portfolio rights

The Designer will be permitted to display all content on their portfolio/s, social pages, website, use it for promotional purposes or within any other context.

Questionnaire

The Questionnaire must be completed by the Client prior to commencement of any and all services, and within 7 days of its request by the Designer. The Client must provide all information that they would like the Designer to utilise to complete the Services, within their Questionnaire answers. Services provided by the Designer will be completed to the best of their ability, utilising solely the information provided within Questionnaire. The Designer maintains the right not to utilise all information from the Questionnaire, and will do so at their discretion.

Review Process

The first draft for all Website Design, Website Refresh, Graphic Design and one-off project services will be provided to the Client for Review. The Client must return any update requests to the Designer within 7 days of receiving the first draft, or ‘Review’ time will be forfeited. The Designer will utilise any allocated Review time to complete these update requests. Any time spent on these changes or updates that exceeds the allocated Review time, will be billed at the Designer’s hourly rate. The client agrees to follow the Designer’s Review process.

Communication Within Service Timeframe

If the Client does not adhere to the service timeline and/or does not contact the Designer for over 21 days at any stage of the service timeframe, the Designer has the right to cease work on the project and publish and/or provide the content (if any) in the state it is at that given time, as a final draft. This work will be provided as is, and considered complete.

Deposits

All deposits are non-refundable under any circumstances, including change of mind. If the Client decides not to go ahead with the project within the agreed timeframe, their deposit will be forfeited. If after payment of the deposit, the Client fails to contact the Client for 21 days, they will forfeit their deposit and will lose the rights to both the agreed upon services and the time reserved to complete the services with the Designer’s calendar.

Website Refresh Process

Within the Website Refresh service, updates may be made directly on the existing site. These changes may be visible directly on the public site throughout the refresh process, prior to the Client reviewing the changes. The Client will have the opportunity to review these changes and provide update requests if required, only after the Designer has completed the initial work. If the Client does not want these the refresh updates made directly to their public site, they can choose to hide the website for the duration of the refresh process. Following a Website Refresh, the Client may experience changes with their website’s Search Engine Visibility including but not limited to: their site ranking and content visible within all Search Engines.

Search Engine Optimisation

Following a Website Design and/or Website Refresh service, it is the client’s responsibility to manage their own Search Engine Visibility and SEO, including creating and/or updating their Google Business Profile (or any other search engine profile) to display the new website and it’s content. The Designer will complete Website Design and Refresh services with Search Engine Optimisation considerations, however the Designer does not make any guarantees of Search Engine Visibility standards such as rankings.

Change of Mind

After the Questionnaire has been submitted, the Designer will complete the work according to the supplied information. Once work has commenced, no further updates will be considered until after the first draft is supplied. Following this, The Designer will utilise any allocated ‘Review’ time to complete these update requests. Any time spent on these changes or updates that exceeds the allocated ‘Review’ time, will be billed at our hourly rate.

Payment

Full payment must be made prior to services commencing, unless otherwise agreed upon. Payment must be made via bank deposit. The Client agrees to pay any transaction charges on top of the agreed fee. All dollar amounts are applicable in Australian Dollars unless stated otherwise.

Refunds

Due to the nature of the business, the Designer cannot offer refunds or returns. All deposits are non-refundable.

Additional Costs

Payments made on behalf of the client such as website hosting or domain billing are subject to a 25% disbursement fee. Ongoing costs for Domains, Website Hosting, Paid Meta Advertising Spends or any other additional costs will be the sole responsibility of the Client.

Timings

Estimated completion dates for any and all services provided by the Designer, are dependant on the client completing the questionnaire, review and providing all collateral in a timely manner. Any timings provided by the designer are estimates only, and are subject to change throughout the project period.

Technical Support

The Designer provides complimentary technical support on Website Design and Website Refresh Services for the first 7 days following the website being published, inclusive of up to 2 hours worth of the Designer’s time in total. Outside of this timeframe or time allowance, technical support will be billed at the Designer’s hourly rate. If the Client makes any changes or updates to the Website within this timeframe, their complimentary 7-day technical support will be forfeited.

Outsourcing

The Designer has the right to distribute tasks and works within their internal team as they choose.

When and where necessary, the Designer has the right to outsource tasks and works externally.

Hourly Rate

Any services completed and billed at our hourly rate will be billed in thirty minute increments, at our hourly rate of $130.00.

Responsibilities

The Designer is not responsible for any existing or future internal and/or technical issues within the Client's platforms including but not limited to Instagram, Facebook, Website Hosting Platforms or Domains. The Designer is not responsible for any losses or damages to the Client or their business.

Liability

Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this contract. Under no circumstances shall The Designer 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 The Designer including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with the supplies. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

The Designer will not be liable to the Client for:

In no circumstances will the Designer be liable for any loss of interest, revenue, profit, or any data, or for any consequential, indirect, incidental or special damages suffered by the Client relating to the subject matter of this Agreement, including but not limited to:(i) the maintenance of confidentiality of any and all access codes, log in details, and passwords; (ii) the installation of security mechanisms to maximise the use of the Services; (iii) the failure of computer equipment, software, or any other Deliverable used in connection with use of the Services; (iv) the unauthorised use of the Services, access codes, log in details, and passwords; (v) the failure to achieve any goals through the use of the Services; and (vi) any and all activities in connection with the improper or unauthorised use of the Services. (b) To the fullest extent permitted by law, Designer’s liability to the Client (whether such liability is in contract, tort, negligence, or for any breach of warranty, representation or statute) for any act or omission done in connection with the subject matter of this Agreement, will be limited in aggregate to an amount equal to any outstanding Fees.

Indemnity of the Designer

The Client agrees to indemnify the Designer on a full indemnity basis against any loss or damage from and against all third party claims or proceedings.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Australia. (b) The Parties irrevocably submit to and accept, generally and unconditionally, the non-exclusive jurisdiction of any of the Courts of Australia with respect to any legal action or proceedings which may be brought at any time relating in any way to this Agreement.

Variations

No variation of this Agreement, nor consent to a departure by a Party from a provision, shall be of effect unless it is in writing, signed by all the Parties or (in the case of a waiver) by the Party giving it. Any such variation or consent shall be effective only to or for which it may be made or given.

Entire Agreement

This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings and agreements, whether oral or written.

The above terms and conditions may be updated by The Designer at any time, without notice.