1. Scope of Agreement
These Terms & Conditions apply to all work undertaken by Spacific Creative (“the Company”) unless otherwise agreed in writing. Project-specific details are outlined in individual estimates or proposals.
2. Pricing and Estimates
All pricing provided is an estimate or quote based on the information available at the time of issue.
The Company reserves the right to adjust pricing where:
- The project scope changes
- The required inputs or specifications change
- Unforeseen circumstances arise (including but not limited to supply chain disruption, global events, increases in material, labour or freight costs, or other external factors beyond reasonable control)
Any significant changes will be communicated prior to proceeding where practicable.
3. Variations and Additional Work
Any work requested outside the agreed scope may incur additional charges. This includes:
- additional revisions beyond those included
- new features or functionality
- changes to previously approved work
4. Project Timelines
Delivery timelines are dependent on timely provision of content, approvals, and feedback.
The Company may adjust delivery timelines where:
- required materials or approvals are delayed
- project scope changes
Urgent requests or compressed timelines may incur additional fees.
5. Client Responsibilities
The client is responsible for:
- providing accurate and complete content
- ensuring all supplied material complies with applicable laws including privacy policies
- obtaining necessary permissions for use of images, text, and other assets
6. Intellectual Property and Ownership
6.1 Company Ownership
All working files, source files, concepts, and design assets created by the Company remain the property of the Company unless otherwise agreed in writing.
6.2 Client Usage Rights
Upon full payment, the client is granted the right to use the final delivered outputs for their intended purpose.
7. Portfolio and Promotional Use
The Company reserves the right to use completed work for portfolio, marketing, and promotional purposes.
Where work includes images or content relating to students, the Company will ensure that no individual students are identifiable.
8. File Retention
- The Company may retain project files and assets for archival purposes.
- Project files will be retained for a maximum period of three (3) years from project completion. After this time, only final output files (eg PDF versions) may be retained.
- The client is responsible for maintaining their own copies of all final deliverables.
9. Subscriptions and Renewals
Where services are provided on a subscription basis (including but not limited to hosting, maintenance, software licences, and support services):
- subscriptions automatically renew on 1 January each year
- clients must provide written notice of cancellation by 1 December prior to renewal
- if notice is not received by this date, the subscription will renew for the following year
10. Payments
- a deposit is usually required prior to commencement of work, typically 30% of the total estimate, however this may not be required in all cases
- any deposit paid is non-refundable where the client cancels the project after work has commenced
- if a project is cancelled, the client will be invoiced for all work completed up to the date of cancellation
- the balance is payable in full upon delivery of the final product or service
- the Company reserves the right to pause work on overdue accounts
11. Third-Party Services
Where third-party tools or platforms are used (eg hosting, plugins, software):
- costs may be ongoing and subject to change
- the Company is not responsible for changes, outages, or discontinuation of third-party services
12. Limitation of Liability
- the Company is not liable for any indirect or consequential loss, including loss of revenue, profits, or business opportunities
- the client is responsible for final approval of all content
- the Company is not liable for errors once work has been approved
13. Force Majeure
The Company shall not be liable for delays or failure to perform due to events beyond reasonable control, including but not limited to natural disasters, pandemics, war, strikes, or supply disruptions.
14. Termination
Either party may terminate a project in writing. Work completed up to the termination date will be invoiced accordingly.
15. Acceptance
Acceptance of an estimate, including via email, or commencement of work constitutes acceptance of these Terms & Conditions.