TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use.
For the purposes of these terms and conditions, “Us”, “Our”, “We”, "Site", and "www.misscreative.design" refers to MissCreative Design Studio™ and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
All products are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.misscreative.design’s rights and obligations to each other.
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
www.misscreative.design website, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of our Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content.
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:
You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
You do not use any offensive language, such as profanity, hateful or racist speech; and
Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and
You have not used your purchase in an illegal way, or made any implied or express claims to the same; and
You are not related to anyone who owns any part of Our site; and
You are not claiming any false or misleading statements; and
You are not affiliated with or working for any site or company we deem a competitor, at our sole discretion; and
You do not organize a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorized to do so.
We reserve the right to accept or reject Your review at our sole discretion. Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
NO COMMERCIAL USE
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that MissCreative Design Studio™ is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.misscreative.design’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of MissCreative Design Studio™.
Digital goods are delivered immediately and are strictly non-refundable. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
ERRORS OR MISTAKES IN PRICING
We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.
REFUNDS AND RETURN POLICY
www.misscreative.design handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Due to the nature of the services and/or products provided, MissCreative Design Studio™ does not offer returns, exchanges or refunds. We cannot issue any refunds once the purchase has been made. Please note: ‘change of mind’ refunds are not permitted at any stage.
Please be careful when selecting a product and check the image of each item that will be provided in the purchase. If you have any questions regarding the product please check our FAQs. If you can’t find an answer to your question, then please contact us before you make the purchase. If there is a fault with the product please notify us within 7 days of purchase.
PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS
We are not able to accommodate a price adjustment after Your purchase.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to Us to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
All payments will be processed in the local currency, or if not specified at checkout, in Australian Dollars $AUD.
ORDER REVERSAL OR CANCELLATION
We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.
MissCreative Design Studio™ is an online business with all communications being conducted via email or zoom only, this enables efficiency with less room for error due to the written/recorded nature of these communication styles. We do not communicate via phone calls or text messages.
Contactable hours are advised at the beginning of each design project. MissCreative Design Studio™ will not respond to emails or zoom requests outside of our working hours; this includes excessive/spam requests. All communications and interactions between the studio and Clients are to be done in a professional and safe manner.
MissCreative Design Studio™ has the right to refuse and cancel orders at any time in which either party feels threatened or vulnerable.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
LINKS TO OTHER WEBSITES
www.misscreative.design may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.misscreative.design and the owners of those websites. www.misscreative.design takes no responsibility for any of the content found on the linked websites.
www.misscreative.design’s website may contain information or advertisements provided by third parties for which www.misscreative.design accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
To the fullest extent permitted by law, www.misscreative.design absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.misscreative.design gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of www.misscreative.design to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
THIRD PARTIES DISCLAIMER
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.misscreative.design’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
DISCLOSURE OF INFORMATION
www.misscreative.design may be required, in certain circumstances, to disclose information in good faith and where www.misscreative.design is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.misscreative.design. www.misscreative.design expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.misscreative.design will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.misscreative.design reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
www.misscreative.design expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
The name 'MissCreative Design Studio' is trademarked by us. To find out more please visit this link https://search.ipaustralia.gov.au/trademarks/search/view/1920345?q=misscreative
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS
We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
If You are found to be slandering, libelling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
GRAPHIC DESIGN SERVICES
To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Graphic Design Agreement.
When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.
Any images, graphics, photographs and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
These terms and conditions represent the whole agreement between you and www.misscreative.design concerning your use and access to www.misscreative.design’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and www.misscreative.design that results in litigation then you must submit to the jurisdiction of the courts of QLD.
ALL RIGHTS RESERVED
By engaging us, you, the Client, agree to the following Client Terms (the ‘Terms’):
‘Fee’ means the price for the Services or Project agreed in the Proposal.
‘Graphic Designer’ means the person who is engaged and agrees to perform the graphic design Services for the Client.
‘Project’ means the deliverables, work or content described in the Proposal.
‘Proposal’ means the outline of our Services for your work or Project.
‘Services’ means the graphic design services outlined in the Proposal and any other services that may be agreed in writing from time to time.
DELIVERY OF SERVICES AND PROJECTS
The Graphic Designer agrees to deliver the Project by the deadline agreed in writing between the parties. In the event of any delay in delivery, the Graphic Designer will notify the Client to discuss and agree an alternate date. The Client acknowledges that any late provision of any materials, information or responses that the Graphic Designer may have requested or require may result in a delay to delivery of the Project. The Client acknowledges that the Graphic Designer is not responsible for any such delay.
The Fee will include a first version of the Project and limited to 2 reasonable revisions or as otherwise agreed. A ‘reasonable revision’ means non-material, minor changes only. Any structural, substantial changes or new material not included in the original Proposal will be charged at the Graphic Designer’s hourly rate at the time of the request.
Requested revisions must be returned to the Graphic Designer within 1 week of submission of the first version of the Project or as otherwise agreed. Any late delivery of revisions by the Client to the Graphic Designer may result in a delay to finalization of any Project as the Graphic Designer may have blocked their time out for other work and clients.
The Graphic Designer will complete and deliver the Project with the final revisions within 1 week of receiving revision requests; with the exception of any agreed Projects for which the Graphic Designer and Client have agreed an alternative timeframe.
CLIENT APPROVAL AND USE OF PROJECT MATERIAL
The Graphic Designer agrees that they will be the sole creator of the Project or will use their own professional and qualified employees or contractors. The Graphic Designer shall be solely responsible for any employees or contractors they use to assist with any Project and will vet all final versions prior to presentation to the Client.
The Client is responsible for written or verbal approval required for the completion of the Project within the agreed timeframe. Payment of the invoice rendered by the Graphic Designer or any publication or use of the Project also constitutes formal approval of the Project.
The Client may not edit, alter or modify the final form of the design project files and materials supplied in any way.
The Client must not use the final design, materials or our service for commercial purposes such as on-sale to third-parties.
Each service/purchase from MissCreative Design Studio includes:
the rights to use the design the Client has purchased (See ‘License for Deliverables’ below);
the custom-fitting of the design to the Client's business name;
the provision of the Client's logo design in a range of file formats;
a file format survival guide to help the Client understand & use the various file formats;
a Style Guide which combines the Client's brand assets into a cheat sheet guide (bundle clients only).
The final form of Design and any associated Materials will be will be delivered to the Client via our Dropbox facility. The deliverables will not include any layered or working files, though the Client will receive your logo in various file formats including a vector.
The final form of Design and associated Materials will be available for download from the Dropbox facility for a period of 60 days. We strongly encourage the Client to download, save and backup the Design and Materials in a safe location.
We are not responsible for any loss of data, including loss of Design and Materials, that the Client may experience because the Client failed to access the Dropbox within the time frame set out in this clause or have otherwise failed to download, save or backup the Design and Materials in a safe location. To the fullest extent permitted by law, we exclude all liability in this regard.
For the avoidance of doubt, we will not retain copies of your Designs or any Materials we make available to the Client after the expiry of the time frame set out in this clause.
LICENSE FOR DELIVERABLES
Upon full payment of our Fees, we grant the Client a perpetual, exclusive, irrevocable, worldwide and transferable license to use the Design, and any Materials we supply or make available to the Client, for the Client's business purposes.
The final form of Design is licensed to the Client. Unless otherwise agreed by the Parties in writing, you will not obtain the sole and exclusive right to the individual components of the design, including the font, colours, and/or other components which form part of the Design. These individual components remain our Intellectual Property, or that of the creator if we have licensed these elements for use in the Design. Draft copies of Designs and Materials remain our Intellectual Property and we do not license these to the Client.
The Client must not breach our Intellectual Property rights by, including but not limited to:
altering or modifying the final form of Design or any Materials we supply or make available to the Client; or
using our Materials for commercial purposes such as on-sale to third parties.
This clause will survive the termination of these Terms.
WARRANTIES, ERRORS AND OMISSIONS
The Graphic Designer warrants that the Project material and design they provide as part of the Services is original and does not infringe the intellectual property of any third party. Where images or materials are provided as stock or purchased on a license basis, the Graphic Designer will ensure the Client has been assigned all rights to the license of any images or materials purchased.
While the Graphic Designer makes all efforts to ensure that the Project is reviewed and accurate where applicable, there is no guarantee that every Project is completely free from errors or missing content. The onus is on the Client to ensure all requested or required content is included in the Project and identification of any errors or changes required before final approval. In addition, as the Project and Services are based on the materials, content and information provided by the Client, the Graphic Designer is not responsible for errors occurring in the Project or work related to the Project after approval of the Project by the Client.
The Graphic Designer cannot control where and how any Project may be amended, posted, published or otherwise used by the Client and, for this reason, the Client agrees the Graphic Designer is not responsible for any Project or Services after provided and approved. Any materials, content and information provided by the Client which forms part of the Services or Project is the responsibility and liability of the Client. The Client will indemnify the Graphic Designer for any direct or indirect claims, including any third party claims, in relation to these materials or use of the Project.
‘Confidential Information’ means all information of a confidential nature concerning the Client and its products, disclosed to the Graphic Designer by the Client and includes any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain.
Materials and work may be provided to the Graphic Designer from time to time in order to enable provision of the Services. The Graphic Designer shall exercise due care not to disclose Confidential Information to any third party without express written permission of the Client and will only use the Confidential Information in order to enable the provision of the Services.
Despite anything contained in this clause, the Graphic Designer may disclose Confidential Information to the extent required by law or a regulatory authority.
During the term of this arrangement and after its termination, all information concerning fees, payment arrangements, terms and any other information disclosed by the Graphic Designer, shall be treated as Confidential Information by the Client.
GRAPHIC DESIGNER WARRANTIES AND CLIENT ACKNOWLEDGEMENTS
The Graphic Designer warrants the following:
In providing the Services, they will comply with general law and industry standards.
The Project will be original and unique work and will not knowingly breach any third party rights.
The work performed to provide the Services will be done to a high standard in accordance with best practice.
The scope of the Services will be limited to the description provided in the Proposal, these Terms and as may be agreed in writing from time to time.
The Client agrees that:
They will provide all relevant information required for the Graphic Designer to carry out the Services in a timely manner; and
They will supply the outline for the work and Services and any research material that the Graphic Designer may require to complete the Services, including any person to be available to respond to queries or additional information that the Graphic Designer may require to finalise the Project.
All work is completed based on and in accordance with the Client’s instructions.
LIMITATION OF LIABILITY AND INDEMNITY
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
The Client agrees to indemnify and hold the Graphic Designer harmless from and against all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including settlement costs) or associated expenses (including legal fees) resulting from written or published material produced for the Client, or arising in connection with any information or material supplied by the Client, or from any act or thing done on the Client’s instructions or with the Client’s approval.
INTELLECTUAL PROPERTY (‘IP’) AND OWNERSHIP OF PROJECTS
Subject to full payment by the Client of invoices, all ownership and IP in content of the Project and Services belongs to, will be assigned to and will vest in the Client, subject to use by the Graphic Designer for promotional purposes. Any outstanding work, Projects and Services remain the property of the Graphic Designer and may not be used, altered, redistributed or published by the Client until payment in full has been made and received by the Graphic Designer.
IMAGES, GRAPHICS AND LOGOS (‘IMAGES’)
Generally, any Images required for any content of the Project is to be provided by the Client. The Client takes full responsibility for ensuring their imagery is correctly licensed by a third-party designer, employee, freelance contractor for the purposes of the intended use or is otherwise owned by the Client.
If the Client is unable to prove that a valid license exists and was purchased, the liability of any infringement will fall on the Client. Any third party claims are to be managed by the Client and they agree to indemnify the Graphic Designer for any such claim.
From time to time, the Client may request the Graphic Designer to provide Images as part of the Services. All Images, materials and work is provided without warranties of any kind, both express and implied. In the event of any such request by the Client for Images, the Client agrees to pay any additional fees for licensing or use as may be incurred and invoiced by the Graphic Designer.
As a consequence of engaging the Services, the Graphic Designer has the right and permission to use the Client’s name and logo for their own business promotional and advertising purposes. If the Client does not wish to have their name and logo used for such purposes, they agree to inform the Graphic Designer in writing of such refusal and the Graphic Designer agrees to remove any reference to the Client in relation to their business and Services.
INVOICES, PAYMENT AND CANCELLATION
The Client agrees to pay all invoices by the date specified in the invoice. Any late, overdue or unpaid invoice amounts will incur penalty interest at the interest rate stated in the invoice or otherwise at the annual rate of 10% pro rata.
As the Graphic Designer has set aside time for completing the work, and once the Client approves the Project, all monies are non-refundable. Any cancellation of work or Project, once confirmed by the Client, will forfeit any deposit. Where there is no deposit paid in advance, the full amount of the Project, as stated in the Proposal, becomes immediately due and payable.
In the event that the Client fails to pay any invoices in accordance with the terms of the invoice, these Terms or does not perform its obligations under these Terms, the Graphic Designer may refuse to continue to provide the Services and may terminate the arrangement immediately without notice. The Graphic Designer may also commence proceedings to collect any outstanding debts owed.
In the event of any dispute on the work, quality or ownership, the Client and Graphic Designer both agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and to pay their own costs.
The relationship under these Terms is that of principal and independent contractor. At no time is the Graphic Designer a partner, agent, employee or joint venture partner of the Client. No act or omission of either party is to bind the other party except as expressly set out in these Terms.
This agreement is governed by the laws from time to time in force in the State of jurisdiction in Australia of the Graphic Designer. The Client and the Graphic Designer agree to unconditionally submit to the exclusive jurisdiction of the Courts of this State in Australia for determining any dispute concerning this agreement.
Last updated: 15 June 2022
INFORMATION WE COLLECT FROM YOU
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).
Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.
You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.
HOW WE USE YOUR INFORMATION
Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.
Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.
STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorised use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.
COOKIES AND PIXELS
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of www.misscreative.design, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.
LINKS TO OTHER WEBSITES
COPYRIGHT & TRADEMARK
This website and its contents are the copyright of MissCreative Design Studio™ – © 2022. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
The name 'MissCreative Design Studio' is trademarked by us. To find out more please visit this link https://search.ipaustralia.gov.au/trademarks/search/view/1920345?q=misscreative
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by MissCreative Design Studio™. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of MissCreative Design Studio™. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, MissCreative Design Studio™ takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such MissCreative Design Studio™ take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however MissCreative Design Studio™ cannot be held responsible for variations between expectation and outcome.