Terms & Conditions
From 27 December 2024
General Conditions
Website Design and Development
Photography
Videography
Graphic Design
The following terms and conditions will apply when working with M.A.D Creative Studio.
M.A.D Creative Studio also known as Make A Difference Creative Studio is a registered business in Australia, ABN 70101740939.
1. General Conditions
The below conditions apply to all areas of work that you may choose to engage M.A.D Creative Studio in.
1.1. QUOTES/PROPOSALS
A quote/proposal must be provided for all work and must be agreed in writing before the process can commence.
All quotations and proposals are valid for a period of 30 days only, unless otherwise specified.
1.1. OTHER FEES
The following other fees my be included in your quote/proposal:
A travel fee of $0.88 per kilometre and $35 an hour is payable if more than 50 kilometres from Taradale, Victoria.
Any flights and accommodation will be at cost price and will be booked by M.A.D Creative Studio.
Any additional work will be charged at $85 per hour exc GST
Supporting women in small business discount
A 12% discount applies to any women who wants to engage M.A.D Creative Studio for the following services; Photography - Business Package, any Videography Package, any Graphic Design Package, Small Business Package and hourly rate. It does not apply to any travel, flight, accommodation and other fees/packages.
A business with less than 15 people is considered a small business
All prices exclusive of GST and are subject to change without notice.
1.2. PAYMENT TERMS
Once the quote/proposal is agreed, verbally or in writing, an invoice will be issued, for a non-refundable deposit of 25% of total price quoted. This deposit will secure your spot.
Remaining payment is due 7 days prior to your session/project kick off.
If any additional charges occur throughout the project, they will be agreed to in writing and invoiced for payment immediately.
Accounts still outstanding 30 days after invoice will be considered ‘in default’ and any Client information or services may be suspended. Clients with accounts that are ‘in default’ agree to pay all reasonable costs and expenses, including legal fees in enforcing these Terms and Conditions. M.A.D Creative Studio will contact Clients via email and telephone to remind them of such payments, if they are not received.
Invoices will be generated and issued electronically and sent by email to the Client.
Our preferred method of payment is Bank Transfer. The details of our account will be included on all invoices.
If the Client decides to cancel the project, for whatever reason, no refund of the deposit will be given. and the Client will be required to pay the full amount quoted for the project.
1.3. CLIENT DELAYS
Any significant delays caused due to the failure of the Client to provide agreed requirements in the agreed format, may delay the project and may result in additional costs to the Client.
1.4. M.A.D CREATIVE STUDIO DELAYS
M.A.D Creative Studio will not be liable for costs incurred; compensation or loss of earnings due to the failure to meet agreed deadlines, but every effort will be made to ensure all agreed deadlines are met and every effort will be made to inform the Client if a deadline will be missed.
1.5. OUTSTANDING ACCOUNTS
Under the Late Payment of Commercial Debts (Interest) Bill 2003 M.A.D Creative Studio reserves the right to claim daily statutory interest at a minimum rate of 5% or the current statutory interest rate, whichever is greater. The interest will be calculated Debt x interest rate x the number of days late.
M.A.D Creative Studio reserves the right to charge for costs and expenses incurred in recovering late payments.
For outstanding accounts M.A.D Creative Studio reserve the right to disable the Client’s website or system until such time as we receive all outstanding monies. Following consistent non-payment of an invoice we, or our solicitors, will contact the Client in question, with a view to taking the matter further and if the need arises to seek payment through legal proceedings, and if necessary, court summons.
1.6. OWNERSHIP AND LICENCING
If final payment is NOT received as agreed and set out in the initial proposal, all designs and concepts will remain the property of Jodie Parker (M.A.D Creative Studio), until payment is received. If there are issues with the final payment, Jodie Parker (M.A.D Creative Studio), then reserve the right to reuse or amend any of these ideas for other Clients or to be used freely as concepts in my portfolio.
Jodie Parker (M.A.D Creative Studio) reserves the right to show any artwork, ideas, sketches created for a project in a portfolio as examples of Client work. This can be during the project and also on completion. If you have any specific secrecy requirements, please mention this before agreeing to the proposal.
Should the Client attempt to use/modify/alter/replicate or steal any of the ideas generated during this project, M.A.D Creative Studio may take legal action.
1.7. LIABILITY
M.A.D Creative Studio accept no legal liability for loss or damage caused by any work carried out by M.A.D Creative Studio.
1.8. LEGAL DISPUTES
M.A.D Creative Studio will not be liable or become involved in any disputes between the Client and any other party and cannot be held responsible for any unlawful behaviour or other wrongdoing by the Client.
1.9. FORCE MAJEURE
Neither party will be liable for inadequate performance to the extent caused by a condition such as a failure (partial or whole) of server hardware or software, problems with the M.A.D Creative Studio internet service provider or other third party, natural disaster, weather, hacking, act of war or terrorism, invasion, riot, civil disorder, rebellion, revolution, labour condition, governmental action, and internet disturbance that was beyond either party's reasonable control.
1.10. TERMINATION OF CONTRACT
At M.A.D Creative Studio reserves the right to terminate a project if the Client demonstrates one or more of the below;
Behaves poorly, illegally, unethically and/or inappropriately
Interferes with excessive micromanaging and effects the workflow of a project
Demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique concepts
Shows reluctance in making required payments
Client shows a lack of focus in getting a project finished through no communication after 60 days
If any of these above listed circumstances arise M.A.D Creative Studio will invoice for any outstanding fees to date.
1.11. SUPERSEDES
These Terms and Conditions supersede all previous agreements or understandings. Acceptance and or payment of a quotation, estimate or invoice constitutes agreement and full acceptance of these Terms and Conditions. The most up-to-date version of these Terms and Conditions will always be available on our website.
1.12 MAILING LIST
By becoming a client of M.A.D Creative Studio you agree to be added to our mailing list and receive marketing emails.
2. Website Design and Development
2.1 SCOPE
Design work will be provided to the Client for approval and ‘sign-off’. As will details of required pages and functionality. The creation of the website code and functionality will only begin after Client sign-off for these elements.
M.A.D Creative Studio are not responsible for writing Client copy or providing images. We can provide web copy and source suitable images, but this will be at additional cost, to be agreed with the Client before any such work will be undertaken.
Any significant changes to the design or website structure and functionality will be subject to an additional charge, to be agreed with the Client at this point. No further work will be conducted until the Client has agreed the extra cost and scope of work in writing.
2.2 LIABILITY
M.A.D Creative Studio will make every effort to ensure that the Website and any scripts or programs are error-free, but M.A.D Creative Studio will not accept liability for any losses incurred due to failure or malfunction of the Website or any part of it.
2.3 RIGHT OF REFUSAL
M.A.D Creative Studio reserve the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.
2.4 COPYRIGHT
M.A.D Creative Studio accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client.
It is the responsibility of the Client to provide all agreed materials as agreed verbally or in writing.
The Client must guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that they provide us for inclusion in the web site are either owned by the Client or that they have permission to use them.
M.A.D Creative Studio reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material.
M.A.D Creative Studio retains the copyright of all individual artwork, graphic design and website design created for a Client project. Artwork, graphic design and website design created for a Client project shall not be altered, retouched, damaged or reproduced in any other form by the Client without the written permission of M.A.D Creative Studio, unless said copyright is purchased from M.A.D Creative Studio in a separate transaction.
This above does not apply if the artwork, graphic design and/or website design is supplied or designed by the Client.
If any discussed and/or created wireframes or images are subsequently used by the Client, or a third party, without the express permission of M.A.D Creative Studio and without payment, we reserve the right to instigate legal action for damages and copyright infringement.
2.5 SOFTWARE ISSUES
M.A.D Creative Studio will not be held responsible for issues relating to software bugs.
M.A.D Creative Studio will endeavour to find solutions for such issues, this cannot be guaranteed and may be chargeable if significant time is required to provide the solution.
Similarly, M.A.D Creative Studio will not be held responsible for issues relating to software upgrades, plugins, modules or any other additional software packages requested by the Client.
2.6 ACKNOWLEDGEMENT
All websites designed by M.A.D Creative Studio must show a link to the M.A.D Creative Studio website near the bottom of each webpage, unless otherwise agreed.
Removal of the link is only allowed with written permission of M.A.D Creative Studio.
M.A.D Creative Studio also reserve the right to include details of our work for Clients on the M.A.D Creative Studio website and social media platforms, this may include, but not limited to, such things as screen shots of the Clients’ website and links to the Client website.
2.7 ONGOING MAINTENANCE OF WEBSITE
M.A.D Creative Studio is not responsible for the ongoing maintenance of the website.
If requested by the Client, M.A.D Creative Studio can maintain the website at a monthly or agreed price after the launch, in a separate agreement.
2.8 GO LIVE PROCESS
The customer also agrees that M.A.D Creative Studio holds no responsibility for any amendments made by any third party, before or after a design is published.
The Client must provide feedback on work and provide details of issues, omissions, or bugs within 10 working days of feedback requests or they will be deemed to have accepted the work and any monies owing will become immediately payable.
After initial feedback any subsequent comments must relate to changes made in response to the initial feedback and must be made within 5 working days of notification of changes made.
Agreement for the website to ‘go-live’ will constitute acceptance of all work and the final invoice will be issued immediately. The website will not ‘go live’ until the final payment is received.
2.9 BROWSER COMPATIBILITY
Whilst every measure will be made to ensure compatibility with a wide range of web browsing software, we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the Client may suffer due to a third parties’ inability to access the Website due to browser incompatibility.
We do not support Internet Explorer 6 and if the Client expressly requires compatibility with this browser, it must be stipulated before acceptance of any quote and any extra cost incurred in supporting this browser must be agreed before the project begins.
Compatibility with mobile devices and iPad/tablet devices is not guaranteed, unless explicitly requested and included in the quotation. If it is required, it must be stipulated before acceptance of any quote and any extra cost incurred in supporting specified mobile devices must be agreed before the project begins.
2.10 WEBSITE HOSTING
All websites will be created using SquareSpace, unless specifically agreed prior to commencement.
Where M.A.D Creative Studio provide hosting and maintenance services we cannot be held responsible for difficulties experienced when accessing the Website or individual parts of the Website due to circumstances beyond our control.
Where the Client decides to host the website with a third party it is fully and completely their responsibility to maintain the website.
Website hosting and maintenance services offered by M.A.D Creative Studio are for the express purpose of enduring the continuation of and maintenance of existing website pages and minor text and image changes to these pages. This service does not include the creation of new website pages or the addition of new regions (whether text or image) to the existing pages.
Hosting can be cancelled at the end of the period covered and specified, but refunds are not possible during the hosting period.
Hosting charges are applicable from the day the website hosting area is created, at the Clients request, and website development begins.
Where a Client, or a third-party employed by a Client, makes changes to a Client website, hosted by M.A.D Creative Studio, resulting in issues with the website or any other associated services, M.A.D Creative Studio will not be held responsible in any way for loss of business or solving any issues. If M.A.D Creative Studio is asked to assist in solving issues the time will be chargeable at an agreed hourly rate.
Although hosting packages may be charged on a per year basis, if the bandwidth allowance for the selected package is exceeded, then additional hosting costs will be applicable. In this instance the Client will have the option to upgrade the hosting package or reduce the time scale covered by the hosting package to cover the additional costs.
It is the responsibility of the Client to inform M.A.D Creative Studio if a hosting or maintenance contract/package is no longer required. Any used, but unbilled hosting time, will be owing for the period between the end of the last billed period and the notified end date for the hosting services.
2.11 DOMAIN TRANSFERS
M.A.D Creative Studio cannot be held responsible for the loss of email data or website functionality during transfer of domain name (however long it takes) or changes to the nameservers or any other domain-related record and as such cannot accept liability for any economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the Client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.
In the event that a Client requires the ownership of their domain name to be changed to a third party, this will generally require a fee to cover administration and must be paid before the transfer is initiated.
2.12 SEARCH ENGINE OPTIMISATION
Where M.A.D Creative Studio agree to conduct a ‘Search Engine Optimisation’ the details of this will be discussed prior to commencement.
3. Photography
3.1 SCOPE
Photographs/images required will be detailed in a quote/proposal prior to commencement.
Any significant changes to the original quote/proposal will be subject to an additional charge, to be agreed with the Client at this point. No further work will be conducted until the Client has agreed the extra cost and scope of work.
3.2 LIABILITY
M.A.D Creative Studio will not accept liability for any losses incurred due to failure to deliver the requested work.
3.3 RIGHT OF REFUSAL
M.A.D Creative Studio reserve the right to refuse to photograph any subject matter which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.
3.4 COPYRIGHT
M.A.D Creative Studio accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client.
It is the responsibility of the Client to provide all agreed materials as agreed verbally or in writing.
The Client must guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that may appear in any photographs/images are either owned by the Client or that they have permission to use them.
M.A.D Creative Studio reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material.
M.A.D Creative Studio retains the copyright of all photographs/images created for a Client project. All photographs/images created for a Client project shall not be altered, retouched, damaged, or reproduced in any other form by the Client without the written permission of M.A.D Creative Studio, unless said copyright is purchased from M.A.D Creative Studio in a separate transaction.
If any photographs/images are subsequently used by the Client, or a third party, without the express permission of M.A.D Creative Studio and without payment, we reserve the right to instigate legal action for damages and copyright infringement.
3.5 ACKNOWLEDGEMENT
All photographs/images by M.A.D Creative Studio must credit either M.A.D Creative Studio or Jodie Parker.
If sharing on social media, acknowledgement will be through tagging @m.a.d.creative.studio
M.A.D Creative Studio also reserve the right to include details of our work for Clients on the M.A.D Creative Studio website and social media platforms.
3.6 TALENT, PRODUCT AND PROP ARRANGEMENTS
It is the sole responsibility of the Client to arrange any agreed talent, products and props required for the photographs/images. Failure to organise the agreed required items, may result in additional charges to the Client.
Talent, product, and props may be arranged by M.A.D Creative Studio, but this will be at an additional cost and must be agreed prior to the commencement of the project.
3.7 OWNERSHIP AND LICENCING
Final payment ensures that ONLY the agreed photographs/images become the Client’s property for a licence period of 10 years, from the date of sending through the final photographs/images. Any other photographs/images created during this project, remain the property of Jodie Parker (M.A.D Creative Studio), unless any prior agreement has been made.
4. Videography
4.1 SCOPE
Videography required will be detailed in a quote/proposal prior to commencement.
Any significant changes to the original quote/proposal will be subject to an additional charge, to be agreed with the Client at this point. No further work will be conducted until the Client has agreed the extra cost and scope of work.
4.2 LIABILITY
M.A.D Creative Studio will not accept liability for any losses incurred due to failure to deliver the requested work.
4.3 RIGHT OF REFUSAL
M.A.D Creative Studio reserve the right to refuse to video any subject matter which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.
4.4 COPYRIGHT
M.A.D Creative Studio accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client.
It is the responsibility of the Client to provide all agreed materials as agreed verbally or in writing.
The Client must guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that may appear in a video are either owned by the Client or that they have permission to use them.
M.A.D Creative Studio reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material.
M.A.D Creative Studio retains the copyright of all videos created for a Client project. All videos created for a Client project shall not be altered, retouched, damaged, or reproduced in any other form by the Client without the written permission of M.A.D Creative Studio, unless said copyright is purchased from M.A.D Creative Studio in a separate transaction.
If any videos are subsequently used by the Client, or a third party, without the express permission of M.A.D Creative Studio and without payment, we reserve the right to instigate legal action for damages and copyright infringement.
4.5 ACKNOWLEDGEMENT
All videos by M.A.D Creative Studio must credit either M.A.D Creative Studio or Jodie Parker.
If sharing on social media, acknowledgement will be through tagging @m.a.d.creative.studio
M.A.D Creative Studio also reserve the right to include details of our work for Clients on the M.A.D Creative Studio website and social media platforms.
4.6 TALENT, PRODUCT AND PROP ARRANGEMENTS
It is the sole responsibility of the Client to arrange any agreed talent, products and props required for the videos. Failure to organise the agreed required items, may result in additional charges to the Client.
Talent, product, and props may be arranged by M.A.D Creative Studio, but this will be at an additional cost and must be agreed prior to the commencement of the project.
4.7 OWNERSHIP AND LICENCING
Final payment ensures that ONLY the agreed videos become the Client’s property for a licence period of 10 years, from the date of sending through the final videos. Any other videos created during this project, remain the property of Jodie Parker (M.A.D Creative Studio), unless any prior agreement has been made.
5. Graphic Design
5.1 SCOPE
Graphic Design work required will be detailed in a quote/proposal prior to commencement.
Any significant changes to the original quote/proposal will be subject to an additional charge, to be agreed with the Client at this point. No further work will be conducted until the Client has agreed the extra cost and scope of work.
5.2 LIABILITY
M.A.D Creative Studio will not accept liability for any losses incurred due to failure to deliver the requested work.
5.3 RIGHT OF REFUSAL
M.A.D Creative Studio reserve the right to refuse to create any graphics on any subject matter which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.
5.4 COPYRIGHT
M.A.D Creative Studio accepts no responsibility for copyright infringements caused by materials used and submitted to us by the Client.
It is the responsibility of the Client to provide all agreed materials as agreed verbally or in writing.
The Client must guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that may appear in a video are either owned by the Client or that they have permission to use them.
M.A.D Creative Studio reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material.
M.A.D Creative Studio retains the copyright of all graphics created for a Client project. All graphics created for a Client project shall not be altered, retouched, damaged, or reproduced in any other form by the Client without the written permission of M.A.D Creative Studio, unless said copyright is purchased from M.A.D Creative Studio in a separate transaction.
If any graphics are subsequently used by the Client, or a third party, without the express permission of M.A.D Creative Studio and without payment, we reserve the right to instigate legal action for damages and copyright infringement.
5.5 ACKNOWLEDGEMENT
All graphics by M.A.D Creative Studio must credit either M.A.D Creative Studio or Jodie Parker.
If sharing on social media, acknowledgement will be through tagging @m.a.d.creative.studio
M.A.D Creative Studio also reserve the right to include details of our work for Clients on the M.A.D Creative Studio website and social media platforms.
5.6 PRODUCT AND PROP ARRANGEMENTS
It is the sole responsibility of the Client to arrange any agreed products and props required for the graphics. Failure to organise the agreed required items, may result in additional charges to the Client.
Product and props may be arranged by M.A.D Creative Studio, but this will be at an additional cost and must be agreed prior to the commencement of the project.
5.7 OWNERSHIP AND LICENCING
Final payment ensures that ONLY the agreed graphics become the Client’s property for a licence period of 10 years, from the date of sending through the final graphics. Any other graphics created during this project, remain the property of Jodie Parker (M.A.D Creative Studio), unless any prior agreement has been made.
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Jodie Parker (M.A.D Creative Studio).