Last Updated 11 May 2023

The following Terms and Conditions of Service apply to all products and services provided by Emily Fleming Creative and in the event of any dispute are governed by the laws of Australia.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Emily Fleming Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

All work is carried out by Emily Fleming Creative on the understanding that the client has agreed to our terms and conditions.

Services

Emily Fleming Creative is a multi-disciplinary creative studio whose services include but are not limited to branding and identity, website design and development, content creation, creative direction and photography.

Payment

A written estimate or quotation for creative service will be provided by Emily Fleming Creative to the customer. Upon acceptance of this estimate or quotation the customer agrees to the Terms & Conditions and a non-refundable 50% deposit is required to confirm the project in our schedule and commence work. Your deposit confirms your commitment to the project and will not be refundable under any circumstances.

The balance of your invoice must be paid upon completion of work, and before any files are handed over to you, or website ownership is transferred or website launched. Full payment may be required in advance for any print materials or at the discretion of Emily Fleming Creative. 

Payment Plans

Payment Plans are available. By default customers are offered a payment split of 50% upon booking and 50% upon completion. If you require a customised payment plan, please contact Emily Fleming Creative prior to booking. Please note, payment plans are subject to the discretion of Emily Fleming Creative and may not always be accepted. 

Late Payments

Payment terms on all Emily Fleming Creative Invoices are 14 days unless discussed otherwise. Clients will receive invoices via email, and then invoice reminders after the due date if invoices remain unpaid. In the event of late payment beyond the stated 14 days, a 7 day grace period will be granted; however after this a late payment fee of 15% of the invoice per fortnight will be incurred until settled in full. 

Cancellation of Projects

Cancellation of projects must be formalised in writing via email to Emily Fleming Creative. The client will be invoiced for all work completed over and above the non-refundable deposit made at time of booking. This balance will be due within 14 days. In the event that the cancellation of a project not being communicated via written notice and received by Emily Fleming Creative the client may be liable for the full quoted amount.

If for any reason you choose not to launch your website upon completion of work by Emily Fleming Creative, full payment must still be made within 14 days of invoice. Failure to do so will incur a late payment fee as above. 

In the event of the client showing harassment, behaving disrespectfully or deliberately being unreasonable to work with, Emily Fleming Creative will terminate the project and the client will be billed for the work completed to date. Emily Fleming Creative has a strong anti-harassment & bullying policy, and this behaviour will not be tolerated. 

Any extended inappropriate behaviour and unpaid final invoices will be reported and taken further.

Timelines

If you have a hard deadline for your project please communicate this as early as possible. Your project will only commence once all requested information and content (ie; Brand Assets, Copy, Imagery) has been supplied and 50% deposit has been received by Emily Fleming Creative. Delays may occur if Emily Fleming Creative is unable to continue on a project due to not having received requested information or assets. Additional time due to delays may be invoiced at the discretion of Emily Fleming Creative. 

Quick Turnaround

Where possible Emily Fleming Creative offers a quick turnaround service when requested. If handover of assets or services is required within 7 days of request a quick turnaround fee of 20% of the total project amount will be incurred. Please note, not all quick turnaround requests will be accepted, this is up to the discretion of Emily Fleming Creative.

Retainers 

Emily Fleming Creative offers retainer-based work which allows clients to purchase a set amount of billable time per month, ongoing. The first month is flexible, allowing both Emily Fleming Creative and the Client to ensure this style of work is a good fit and work out hours required ongoing. A minimum of 4 hours per month is required for a minimum three month retainer period. Once hours are agreed upon and set, they are locked in for the remainder of the contract period. Hours do not roll over to the next month, regardless of whether hours are used or not, the retainer fee will still occur each month. Please note this is not an on call service, Emily Fleming Creative will allocate set hours to you per month and work will only be completed within that scheduled time. 

Communication

All communication is to be made via email to ensure all feedback, questions, etc are in writing, we find this is best practice for both designer & client to refer back to if necessary. Emily Fleming Creative offers a 30 minute introductory Phone Call or Zoom session upon commencement of every project. If you require additional calls or Zoom sessions with  Emily Fleming Creative they will be billed at $100/hr with a minimum of one hour. Please request these via email to allow for scheduling. 

Copyright

Copyright is retained by Emily Fleming Creative on all design work including words, pictures, ideas, concepts, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Emily Fleming Creative, unless specifically agreed in writing.

Design Revisions (Changes)

Emily Fleming Creative allows for two rounds of revisions to all projects unless otherwise discussed. Any additional rounds of revisions can be purchased for $50/revision. 

Revision: A revision is classed as ANY one change made to the file. For Brand Projects these include but are not limited to; font change, colour alteration and any one alteration made to the file. For web projects these include ANY ONE change to any part of the site or it’s functionality after the Final Preview has been accepted. 

Disclaimer

Emily Fleming Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Emily Fleming Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Emily Fleming Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Emily Fleming Creative responsible for any such loss or damage. Any claim against Emily Fleming Creative shall be limited to the relevant fee(s) paid by the customer.

Emily Fleming Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Emily Fleming Creative will not knowingly perform any actions to contravene these and the client also agrees to be so bound. 

Please do not hesitate to contact us regarding any questions you may have.