Introduction…

A contract is formed between a Client (referred to as the ‘Client’) and CKP Creative Pty Ltd (referred to as the ‘Company’) when an order is received from the Client. An order may be written, verbal or in electronic form. The product or service shall mean any product or service that is provided by the Company to the Client.

1. Supply…
The Company agrees to supply the product(s) or services(s) to the Client as detailed in the order and according to the terms and conditions of this contract.

The Client agrees to:

1.1 supply the Company with all source materials to be provided by the Client for incorporation into the Product by the dates and times specified by us and in the format requested by the Company;

1.2 co-operate with the Company in the development and production of the Product;

1.3 formally approve and sign off various stages of the production process upon request by the Company;

1.4 supply the Company with a purchase order number, or other written instruction as evidence of acceptance of these terms.

1.5 client will ensure that the creation of a website, online presence or any content is in accordance with managing company, organisational or regulatory bodies guidelines (i.e government or franchise owners or the like). The Company will not be held accountable or responsible should the correct release or regulation not been adhered to or followed by the client for the production of the before mentioned service or product.

1.6 Client will ensure subjects captured in moving or still pictures ( video or photography) have written consent or release to appear on still or motion pictures (photo or video) by the party or legal guardian. The Company is not responsible should the Client not gain the consent or rights to use likeness or imagery.

1.7 Client - external suppliers access to websites or applications - When External suppliers or developers engaged by the client have been granted access to the client's website or application at an admin permission level or other, it is on the onus and responsibility of the client for any concerns or errors created to the client's website. This includes but is not limited to Website platform or CMS changes or updates, WordPress plugins, injected code, imagery adapting or changing website structure and content. This agreement and permission state that on this engagement and or access, that both the parties ( The Client and the third party ) have the understanding and accept the risk to the functionality of the client's website or application. Once an external supplier or developer accesses the website or application and makes changes it is therefore no longer the responsibility of CKP Creative Pty Ltd. The Company have no liability for the effect of their actions (third party supplier or developer) the cost the repair or make good the website or application, any loss of income or any related damage to the clients business, brand reputation or earning potential. This will be solely at the client's and supplier developer or third party's own risk and will not be the responsibility of the company  - CKP Creative Pty Ltd -  Directors, contractors employees or subsidiaries. CKP Creative must be re-engaged on a separate project or agreement to make good any errors should they arise.   

2. Rights Reserved…
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an order, the Client accepts these terms and conditions.

3. Payment…
The Company shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the order and invoice.

The Client agrees to pay the Company:-

3.1 the % of the Fee in cleared funds at the time of order and prior to commencement of production, as detailed in the written order;

3.2 the remaining amount of the Fee and any agreed extras payable in line with the schedule detailed in our written order.

3.3 When using our subscription-based payment system for a product/service such as a website or design services CKP Creative Pty Ltd will hold the ownership of the product and admin access until the product is fully paid. Subscription-based payments must be completed within the agreed timeframe. If funds are not available in the nominated debit or credit card the system will retry. If the funds are not available and the debt the subscriber owes is not complete CKP Creative reserves the right to turn off or remove the product for service until the debt is paid or the payment plan continues.  

3.4 The Company reserves the right to charge interest on overdue amounts at an annual rate of 2.5%. The title of the products or services shall remain with the Company until full payment has been received unless otherwise stipulated in the order.

3.5 The Client may purchase a Subscription product directly from CKP Creative by paying a subscription fee in advance on a monthly basis via our subscription portal or directly with a representative of CKP Creative

3.6 CKP Creative may change the price for the Paid Subscriptions, including recurring subscription fees and offerings, from time to time and will communicate any price or detail changes to the client in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. The client (the subscriber) accepts the new price by continuing to use the Service provided by CKP Creative after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by contacting CKP Creative via email to accounts@ckpcreative.com.au unsubscribing from the Paid Subscription prior to the price change going into effect.

3.7 If the client registers for a Paid Subscription product such as website maintenance or cloud-based anti-spam, you may change your mind for any or no reason. If you purchase a Paid Subscription, you authorise CKP Creative to charge your nominated credit card automatically each month until you cancel.

3.8 All subscription product services such as website maintenance or cloud-based anti-spam provided by CKP Creative are recurring by nature, and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service. The client's subscription will automatically renew at the end of the applicable subscription period unless the client cancels the paid subscription product before the end of the then-current subscription period by notifying CKP Creative pty ltd via email to accounts@ckpcreative.com.au The cancellation will take effect the day after the last day of the current subscription period.

3.9 A booking or scheduled event such as film or video will be rescheduled if the time or date coincides with adverse weather events such as storms or flooding as reported by official warnings by the government or accredited departments such as the Bureau of Meteorology. A rebooking/rescheduling offer will be made to the client. This extends to photography, video or drone capture or a presentation or engagement of the company. The company is not responsible for any financial, time, or cost by the client due to the weather event. Every attempt will be made to reschedule to provide the agreed service if an agreement cannot be reached. The company reserves the right to retain the payment and make alternative arrangements.

4. Additional Costs…
The Company reserve the right to charge additional costs as follows:-

4.1 Variations are changes to the project that the Company is engaged to produce that go beyond the initial product or project specifications confirmed at the outset of the agreement are called variations. These variations are outside the original contract and will therefore require investigation and evaluation, followed by an estimate and an invoice to be raised by the company before any works can be commenced.

4.2 for any third party liability incurred by the Company (for which a fee or cancellation fee is payable by the Company) as a result of changes to the specifications requested by the Client.

4.3 The client is responsible for the purchase of initial and ongoing payments for plugins of additional technology, plugins or subscriptions required to complete the project. CKP includes the standard plugins only.

4.4 if the Client fails to meet approval dates/sign-off stages of the production in accordance with the Company’s requests and additional costs arise out of such delay. (The Client acknowledges that changes to the Product may become more complex if the client will not formally approve and sign off stages of the production process in accordance with our requests and that failure to do so may result in an increase in the Fee and/or delay in delivery dates);

4.5 if there are delays in the supply of source materials, collateral, products, services or personnel organised by the Client or a representative of the Client and/or problems encountered by us in the functionality or usability of such materials or services resulting in additional costs. (The Client acknowledges that the Fee, timeline and delivery dates are dependent upon the availability, functionality and usability of such materials and services).

4.6 The Company shall give the Client prior written notice of any additional costs and shall not incur such additional costs without the Client’s prior approval. Such costs shall be added to the Fee to the final instalment payable unless otherwise agreed by the parties.

4.7 When using our subscription to pay off a rendered product or service, such as a website or design product, credit or debit card fees will be added to the nominated amount to be paid off by the subscription payment plan. The fee will be advised in communication, and at the commencement of the agreed term, this fee will be a minimum of 2%.

4.8 When using our subscription to pay off a rendered product or service such as a website/design product. If the outstanding agreed amount is not paid within the agreed term. CKP Creative reserves the right to charge additional late fees of 10% of the total project on the remaining amount. This will be charged unless the client makes alternative arrangements that are agreed to by CKP Creative.

4.9 A project paid for in part or full that does not commence works within 3 months of the project kick-off will require renegotiation of fees and rescoping.  CKP does not offer refunds on any project pre-paid work. Complex internal work and consulting commence with projects before and after the acceptance and commencement of the project. The project commencement is by acceptance of the estimate and payment of part payment or full payment. There will be a variation invoice raised in alignment with changes in the company's fee structure and in alignment with GDPI increases.  

5. Plugin License Usage

5.1. Ownership and License: CKP Creative Pty Ltd (CKP) retains ownership of all licenses for website plugins used in the development and maintenance of client websites. These licenses are provided to the client for the duration of active engagement with CKP's website maintenance services.

5.2. License Termination: Unless the client subscribes to one of CKP's website maintenance plans, the license for any plugins provided by CKP will cease to be available six (6) months post-launch of the website. Post this period, clients will be responsible for acquiring their own licenses for continued use of the plugins.

5.3. Maintenance Subscription Options: - Premium Maintenance Plan: Clients can maintain plugin licenses by subscribing to CKP's Premium Maintenance Plan. This plan ensures ongoing support and updates for all plugins used on the client's website. - Annual Subscription: Alternatively, clients may opt for an annual subscription to maintain plugin licenses. This subscription will be offered on a case-by-case basis and will be provided as an estimate upon request.

5.4. Client Responsibility: It is the client's responsibility to ensure that they have subscribed to one of CKP's maintenance plans or have acquired independent licenses for any plugins used on their website prior to the six-month post-launch period.

6. Heath & Safety…

The Company and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s). Where it has been determined that a public authority has announced a significant weather event, for example, the Bureau of Meteorology. It shall be determined that the safety of any direct employee or engaged contractor will be considered critical. If a booking has been made an alternative arrangement will be offered in a reasonable time. Where a sudden announcement has been made immediate contact will be initiated by phone and sms.

7. Creative Brief…
Unless otherwise agreed, the Client accepts the Company’s decisions on creativity within the product(s) or service(s).

8. Promotion…
The Company reserves the right to use the Product for the purposes of their own advertising and the Client accepts that the Product shall form part of the Company’s library of works in this respect.

9. Intellectual Property…
Except to the extent agreed in writing by the Company, all intellectual property rights relating to any footage, graphic design, animation or other creative artistic work provided to the Client by or on behalf of the Company pursuant to these Terms the “Intellectual Property” remains the property of the Company.  The Company may display its own copyright and intellectual property notices on any Products, and the Client must not remove, obscure, deface or alter such copyright and intellectual property notices.

10. Confidentiality…
Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by these Terms. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under these Terms. However, this obligation will not apply to information which:

10.1  was in the public domain when it was provided to a party, or later entered the public domain, through no fault of the party; or
10.2 the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.

11. Liability regarding work and materials provided…
It is agreed that all work and materials provided for the Client by the Company will be free and clear of all liens and encumbrances and may be lawfully used by the Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.

12. Copyright and Moral Rights…
The Company retains copyright for the work outlined. It is agreed that the client will have a non-exclusive Copyright License limited to the specifications outlined in this estimate. No copyright license is granted to the Client unless agreed to in writing prior to work being completed on this job. The Client will have a right (a license) to use the work for the purposes for which it was commissioned. The Client shall be under no obligation to use the work and must not sub-license, assign or otherwise alienate any rights in the work without written consent of the Company.

13. Warranty and Liability…
The Client is responsible for conducting its own trademark and other clearance searches to ensure that any material supplied to the Company is available for use. The Client must obtain all necessary licenses and consents to use any material that it supplies to the Company. The Client agrees to indemnify the Company against any claims or proceedings brought against the Company arising from the use of such marketing material.

14. Disclaimer…
In no event shall neither the Company nor its third party providers be liable for any damages caused by any product or service, or the failure of such product or service to perform, including but not limited to any lost profits, lost savings, loss of use, loss of data, or any other special, incidental, indirect or consequential damages of any kind, whether or not advised of the possibility of such damage, and regardless of the theory of liability pursuant to which such damages may be sought. The Company hereby disclaims all other warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and conformity to models or samples. The Company is not liable for any claim made by a third party or made by the client for a third party.

15. Privacy Act 1988…
The Client authorises the Company to the extent permitted by law to collect, retain, and use any information about the Client for the purpose of assessing the Client's creditworthiness, notifying other credit providers of a default by the Client, or marketing any Goods and Services provided by the Company to any other party.