Terms & Conditions.

1. QUOTES & SCOPE OF WORK
Creative Instinct will provide a written quote based on your brief and the information provided at the time of request. Work includes, but is not limited to: consultation with you or third parties, research and planning, creative direction, strategy, copywriting, design and graphics, development, photography, videography, production, animation, project management, domain registration, and hosting. Any work requested beyond the original scope may incur additional costs, which will be quoted and approved in writing before commencement.

 

2. BILLING & PAYMENT TERMS
Creative Instinct reserves the right to invoice a non-refundable deposit (typically 30–50%) upon acceptance of the quote. Full payment is due within 14 days of final invoice unless otherwise agreed in writing. Payments to third-party suppliers may be required upfront or on completion. Invoices unpaid after 30 days may incur interest charges and result in paused project activity until resolution.

 

3. CANCELLATIONS & TERMINATION
Cancellation of any project must be submitted in writing. You will be liable for all work completed to date, including any costs incurred for bookings, production, third-party suppliers, printing, licensing, and pre-paid services. Deposits are non-refundable. Creative Instinct reserves the right to terminate services if the client breaches these terms, is unresponsive for an extended period, or engages in inappropriate conduct.

 

4. CLIENT RESPONSIBILITIES & CONTENT SUPPLY
You agree to supply all necessary materials, assets, feedback, and approvals in a timely manner. Delays in providing required content or approvals beyond four weeks may result in the project being delayed, rescheduled, or cancelled—with associated fees payable. All content must be supplied in accessible digital formats (e.g., Word, PDF, JPEG, PNG, MP4).

 

5. REVISIONS
Your quote includes a set number of revision rounds (typically two unless otherwise specified). Additional revisions, changes outside the agreed scope, or late-stage change requests may incur extra charges at our standard hourly rate.

 

6. COPYRIGHT & USAGE
You warrant that all materials supplied by you (text, images, logos, video, audio, etc.) are owned by you or licensed appropriately for use. You indemnify Creative Instinct against any claims resulting from the use of unlicensed or infringing materials.
Creative Instinct retains intellectual copyright of all material we produce until final payment is received. Upon full payment, you are granted a non-exclusive, non-transferable licence to use the final assets for the agreed purpose. Use beyond this may require additional licensing.

 

7. DELIVERY & PROJECT TIMELINES
Creative Instinct will make every effort to deliver the project on time, but is not liable for delays caused by client changes, third-party suppliers, or force majeure. Delivery dates are estimates unless guaranteed in writing.

 

8. WEBSITE MAINTENANCE & THIRD-PARTY ACCESS
Maintenance packages must be used within the agreed period (usually one financial year) and do not roll over. Changes made by external developers or parties with access (e.g., FTP or CMS login) void any warranty or responsibility by Creative Instinct. We are not liable for any losses due to hacks, plugin conflicts, or CMS errors unless under a specific maintenance contract.

 

9. HOSTING & DOMAINS
Where Creative Instinct manages hosting or domains, you are responsible for any applicable fees. Hosting uptime, security, and server performance are governed by third-party providers. We will act as your liaison but are not liable for issues outside our control.

 

10. INAPPROPRIATE OR ILLEGAL MATERIAL
We reserve the right to refuse or remove any material deemed illegal, defamatory, discriminatory, or inappropriate from hosted platforms or project deliverables.

 

11. LEGISLATIVE COMPLIANCE
You are responsible for ensuring your website, communications, and operations comply with relevant Australian laws, including accessibility, privacy, copyright, and advertising regulations. Creative Instinct does not provide legal compliance services and accepts no liability for breaches resulting from your supplied content or requests.

 

12. LIABILITY & WARRANTIES
Creative Instinct’s liability for any claim is limited to the value of the work performed. We are not liable for any indirect, incidental, or consequential damages. All work is provided “as-is” without warranties unless otherwise specified in writing. It is your responsibility to test and approve deliverables before launch or publication.

 

13. CREDITS & PORTFOLIO USE
Creative Instinct reserves the right to credit work with a small acknowledgement (e.g., website footer or video credits) unless otherwise agreed. We may showcase completed work in our portfolio, website, and marketing materials unless a written NDA restricts this.

 

14. PRIVACY
We respect your privacy. Any information you provide will be used solely to complete agreed work or communicate with you. We do not share your data with third parties without your consent.

 

15. INTELLECTUAL COPYRIGHT
Creative Instinct retains intellectual copyright of all material not supplied by the client, until final payment is received.

 

16. RETAINER AGREEMENTS
Creative Instinct offers ongoing creative support through design retainers. These agreements reserve a set number of hours or deliverables per month exclusively for your use and are billed at a discounted rate compared to ad-hoc services. Specific terms (scope, fee, duration, and rollover conditions) will be outlined in a separate Retainer Agreement. Hours not used within the designated period are forfeited unless otherwise agreed. Retainers are payable monthly in advance and require 30 days’ written notice for cancellation.

 

17. ACCEPTANCE
Engaging Creative Instinct or paying a deposit implies acceptance of these Terms & Conditions. It is your responsibility to review these terms prior to confirming your project.

 

18. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance due to events beyond reasonable control, including acts of God, war, terrorism, pandemics, government restrictions, strikes, or natural disasters. Timelines may be adjusted accordingly in such circumstances.

 

19. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Creative Instinct shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of revenue, data, or profits, arising from the services provided—even if advised of the possibility of such damages.

 

20. DISPUTE RESOLUTION
In the event of a dispute, both parties agree to first attempt resolution through informal discussion. If unresolved within 30 days, either party may refer the matter to mediation in Victoria, Australia, before commencing legal proceedings.

 

21. CONFIDENTIALITY
Both parties agree to keep confidential any proprietary or sensitive information shared in the course of the project. This obligation survives the termination or completion of services.

 

22. NON-SOLICITATION
You agree not to directly employ or solicit any employee or subcontractor of Creative Instinct involved in your project for a period of 12 months following the conclusion of services without prior written consent.

 

23. SUBCONTRACTING
Creative Instinct reserves the right to subcontract elements of the project to experienced professionals or partners as needed. We remain your sole point of contact and retain full responsibility for delivery.

 

24. GOVERNING LAW
These Terms & Conditions are governed by the laws of Victoria, Australia. Any disputes arising will be subject to the jurisdiction of Victorian courts.