Approval of the estimate will be deemed as acceptance of these terms of business, in respect of providing to The Client the services as set out in this estimate. These terms of business will supersede and override any other agreements, understandings, or documentation between the parties.
This Agreement (‘Agreement’) is made between DTI Creative Pty Ltd and The Client.
This Agreement becomes effective on the date of signing, formal acknowledgment, or the date of the first project invoice. In the absence of a signed copy of the proposal, the receipt and payment of the first invoice is acknowledgment of the terms of the agreement.
As of the effective date of this Agreement, DTI Creative Pty Ltd will be available to provide and will provide the services and items outlined and agreed in the proposal.
The Client agrees to deposit requested amount before any work is commenced. Approval will be accepted upon receiving estimate amount and acknowledgment of the Terms and Conditions set in this estimate. The Client will acknowledge an understanding of the design process involved to achieve the project; or alternatively indicate they wish to have the process explained in greater detail.
Where specified or requested, all logos, images and text to be supplied digitally by The Client.
It is agreed that DTI Creative Pty Ltd on this project shall not at any time either during the continuance of the work or thereafter, except in the course of their duties, divulge any of the confidential affairs of The Client or any of its clients or associated companies to anyone whatsoever without the previous consent of the Client. However, although this confidentiality clause will be adhered to as closely as possible, unless The Client asserts their right to issue legally binding Confidentiality Agreements, DTI Creative Pty Ltd can not ultimately be held accountable for information divulged or released either deliberately or during the course of this project.
This estimate will aim to reflect the true cost of a project, however due to situations beyond control, additional costs may be incurred. In order to avoid such situations, DTI Creative Pty Ltd will adhere to strict production processes including Client sign off at all stages of the project. The Client will be kept informed of project flow with full reporting available at any time. Any changes in the scope of Services or Deliverables agreed upon by the parties shall be set forth in a Change Order. Once design concepts have been approved and signed off, corrections/alterations enter a stage they are considered to have moved into Author’s Corrections and any additional time incurred will be charged at proposal hourly rate.
It is agreed that The Client will have exclusive rights to the use of all designs, images and other outputs that are produced from the performance of the work outlined in the estimate and return brief. It is agreed that DTI Creative Pty Ltd hereby assign to The Client, all rights, title and interest in the future copyright of any materials or output which is produced, extended or modified during the performance of work. This granting of copyright does not extend to the use of design proposals submitted but not approved by The Client. It is agreed that DTI Creative Pty Ltd will retain all rights pertaining to native files produced in the performance of the work. After final sign off by The Client and once campaign material has been released to market, DTI Creative Pty Ltd will retain the right to use of any material developed for future promotional use, i.e. Portfolio Website, social media.
The Client agrees to pay a 50% deposit of the project fee on contract commencement. The deposit is non-refundable once work has progressed. The Client agrees that balance is due on completion of each stage, or BEFORE final delivery of work, or 60 days from contract commencement. If the work time exceeds four calendar weeks in duration, The Client agrees to payment by calendar monthly invoices based on the work done.
This Agreement may be terminated by either party giving written notice to the other. If The Client terminates this Agreement, such notice will include instructions to DTI Creative Pty Ltd as to whether any work provided to DTI Creative Pty Ltd but not yet completed should be completed or returned to The Client prior to completion. If the hours of service used up to the date of termination are equal to or less than the hours specified in this Agreement, no refund will be due to The Client. If there were excess hours and/or expenses, DTI Creative Pty Ltd will process a final invoice covering those items. If DTI Creative Pty Ltd terminates this Agreement, DTI Creative Pty Ltd will return all uncompleted work to The Client.
This Agreement contains the entire agreement of both the parties, and there are no other promises or conditions in any other agreement, either oral or written. Should services be added, both parties agree to sign a new Agreement to cover all services provided as well as to provide for additional payment for increased hours of service. By signing, each party affirms that he/she has read and understands this Agreement.
