Kubo Kreative | Terms and Conditions
In order to become a Client of Maria Theresa Javier Kelly (ABN 54974920232) trading under Kubo Kreative or a user of any of Kubo Kreative’s services, you agree to the following terms and conditions. Your agreement to these terms will be indicated by: the acceptance of any contract; the start or completion of any business activities; or use of any of Kubo Kreative’s services whichever comes first.
Please read these terms and conditions carefully. If you do not accept these terms and conditions without modification, you may not use Kubo Kreative’s services. Kubo Kreative may revise these terms and conditions at any time by updating this document.
In no event shall Kubo Kreative be liable to the Client for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.
1. Definitions
1.1. “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any Quotation and includes the Client’s officers, employees, contractors and agents.
1.2 “Contract” means these Terms and Conditions of Trade and includes any quotation, work authorisation or any other documentation provided by Kubo Kreative to the Client.
1.3 “Quotation” means any agreed quotation, written acceptance, purchase order or other work authorisation.
1.4. “Services” shall mean all graphic design, web development, social media marketing, digital marketing services specified in a Quotation or otherwise supplied by Kubo Kreative to the Client and includes any advice or recommendations and where the context so permits shall include any supply of Goods as defined above).
2. Quotations
2.1. Quotations are generated by Kubo Kreative on the basis of the Client’s design inputs, expectations or brief as well as expected time investment. Quotations may be subject to change if additional work is required.
2.2. All turnaround time quotations are estimates and are based on calendar working business days.
2.3. No quoted printing, artwork or delivery dates are guaranteed and may vary. Printing quotations are outsourced with another printer who must be paid directly.
2.4. Quotations are valid for 30 days.
3. Project
3.1. The Designer agrees to provide graphic design services as listed in the “deliverables” section of the quotation provided.
3.2. The Designer agrees to be the sole provider of the deliverables for the term of the project. All work will remain unique, original, and free of any plagiarism.
3.3. The Client shall appoint one main representative to communicate to Kubo Kreative throughout all stages of the project. As such, Kubo Kreative shall respond to directions and requests made by the appointed representative only. It is the client’s responsibility to notify Kubo Kreative as soon as practicable of any staffing changes. All content should be delivered in one package, containing all images, text, captions etc. together with clear instructions on where the content is to go.
4. Confidentiality
4.1. The Designer hereby acknowledges she may be involved in or become aware of information that relates to the client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information, and financial documents. The Designer agrees to protect all the above information and keep any information obtained confidential.
4.2. However, the Designer will be permitted to display final work on their website or in promotional materials.
5. Alterations
5.1 Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations.
5.2 All request for changes are to be done within 14 days. If no changes were requested within said time, Kubo Kreative reserves the right to invoice the client for the work.
5.3 Kubo Kreative will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.
6. Artwork Approval
It is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, Kubo Kreative is not liable for loss, expense or damage caused by any act or omission.
7. Payment & Fees for service
The Client agrees to pay the invoiced amount within the time frame specified on the invoice. Some projects will require a deposit and this shall be determined by Kubo Kreative. If required, the terms will be communicated with you personally. For overdue accounts, Kubo Kreative reserves the right to charge interest on the outstanding amount until the overdue account is paid in full.
8. Project cancellation
Either party may terminate this contract at any time for any reason they deem necessary with written notice. Kubo Kreative retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. Kubo Kreative reserves the right to delete websites with accounts more than 60 days outstanding payment.
9. Confidentiality
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Kubo Kreative to be a competitor of Kubo Kreative. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.
10. Copyright
10.1. You guarantee to Kubo Kreative that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in your project are either owned by your good selves or that you have permission to use them.
10.2. Unless otherwise stated in the quote/proposal, it is agreed that Kubo Kreative will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote/proposal. Kubo Kreative will assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.
10.3. Kubo Kreative always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.
10.4. With websites, Kubo Kreative reserves the right to include a short line on the website’s footer hyperlinking to Kubo Kreative’s website.
v2022_01
Date updated: 01 01 2022