Terms and Conditions
All orders and Client requests are bound by the below terms and conditions.
Once an order is placed and commenced, the full fee of the project or service is payable by the Client. Hype Creative does not offer refunds in any circumstance, other than for faulty products that do not meet their description, in accordance with Australian consumer law. An order includes, but is not limited to a design, production or marketing task request via email, text message, telephone call or in-person meeting. A 50% deposit is required upfront, with the final 50% payable prior to full site launch / delivery of completed artwork. The Client accepts liability for design and administrative costs when placing an order by phone or electronic communication, such as email, text message or iMessage. The Client accepts liability for additional expense when requesting works outside the original scope or quoted amount, i.e. additional revisions or edits, artwork or labour components that were not outlined prior to the project commencing. Hype Creative will collate these costs and add them to the Client invoice. Ongoing edits are charged at $195+gst per hour as at 01/10/2019 unless otherwise agreed in writing. All work is billed in hour blocks unless otherwise agreed in writing. “Unlimited revisions” on any project are subject to Hype Creative Reasonable Clause. If revisions exceed an amount deemed reasonable by Hype Creative, the Client is required to pay a new fee for the design, equal to the original quoted amount. It is the responsibility of the Client to ensure all content meets Australian and International copyright laws. The Client warrant that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us are either owned by you, or that you have permission to use them. Hype Creative accepts no liability for misuse of trademarks or coprighted materials. All artworks remain the property of Hype Creative until the invoice has been paid in full. By ordering you understand and agree that failure to pay may result in the repossession of printed materials that contain our artwork(s), even if produced (printed) by a third party. In the event of digital designs, such as websites or social media content, the resource will be removed from all sites and hosting servers. If it is hosted on a website that is not controlled by Hype Creative, the administrator of said website will be contacted and asked to remove the design. While all care is taken, errors or omissions are the responsibility of the Client. Any unused concepts remain the property of Hype Creative and cannot be reproduced by the Client. Hype Creative reserves the right to sell this particular item, be it design, strategy or works to another business in future. Hype Creative reserves the right to use any or all works, both visually and data, to promote its own Agency and services, including but not limited to in design portfolios, “our work” on websites, competitions and our own advertising activity. Hype Creative takes no responsibility for any delays in the delivery of artworks. The Client is expected to book third party media with adequate time to allow for unforeseen circumstances. Hype Creative provides no guarantee for delivery timeframes of design, print or strategy services. When Hype Creative is required to book and pay for media, a 20% loading will be applied to all advertising spends as (including but not limited to press, publications, facebook and Google). This means Hype Creative retains 20% of the media spend to offset administrative costs, financial processing costs and as a fee for the booking of the media. It is the Client’s responsibility to advise of stock photography / graphics licensing requirements, including but not limited to where the image will appear, and how many reproductions are required. The Client acknowledges that stock photography and licensable images / graphics come with limitations by license type. Hype Creative will license images on behalf of the Client in some instances but assumes no responsibility for adequate licensing checks. Hype Creative will license the cheapest option where images are licensed at the Agency’s expense.
“The client” – refers to an individual or business who engages Hype Creative for services by way of request for works, written or verbal.
“You” - refers to an individual or business who engages Hype Creative for services by way of request for works, written or verbal.
“Hype Creative” – refers to us, the service provider
“Agency” – refers to us, the service provider
“Loading” – A percentage of the total media spend with the third party provider will be retained by us, the service provider. We retain this to offset costs associated with booking media for you.
“Order” – The client requests a product or service from Hype Creative for a fee, this can be done both in writing and verbally.