Terms & Conditions

A. DEFINITIONS

In this agreement, the following definitions apply unless otherwise specified:

  1. “Us”, “We”, “Our”, “I”, “My”, “Creativate” and “Company” shall refer to Creativate.

  2. “You”, “Your” or “Client” shall refer to you and the company you represent.

  3. "Agency Partner" shall refer to any advertising, marketing or design company partner of Creativate that is invoiced directly for projects by Creativate on behalf of their clients.

  4. “Intellectual Property” means: all intellectual property rights including, but not limited to: copyright, inventions, patents and patent applications, trademarks, software, source codes, text, images, designs, logos, data sets, and trade-secrets.
     

B. PAYMENT TERMS

  1. Projects will be invoiced at the end of each month for actual time spent, with payment due on the 20th of the following month.

  2. Any purchases of third party services or products made on behalf of the client shall be invoiced on the day of purchase, with payment due in 7 days.

  3. If an invoice remains unpaid 20 days after its due date, we reserve the right to charge a 2% administration and use of money fee on the total outstanding debt and a 2% fee each month thereafter until the full amount is paid.

  4. If a client’s debt is passed on to a third party, the client will incur all associated costs, including debt collection process cancellation fees if incurred.

  5. If a project is put on hold for more than 14 days or cancelled, Creativate reserves the right to discontinue the project and invoice for all work completed until that time. In this situation, Creativate reserves the right to re-quote the project.

 

C. AGENCY PARTNER PAYMENT TERMS

  1. Unless otherwise specified, ongoing projects for agency partners will be invoiced at the end of each month for actual time spent, with payment due on the 20th of the following month.
  2. All other payment terms in section B shall apply.

 

D. PLANNING & CLIENT’S INSTRUCTIONS

  1. Any timelines provided are estimated only.

  2. Proposals, estimates and specifications shall be deemed to interpret the client’s instructions. Clients are advised to exercise care and attention when checking these documents before work begins. alterations to the proposal document stated on the sign-off may incur additional costs.

  3. Proposals shall lapse unless accepted within 30 days from the day shown on their cover, unless otherwise agreed or stated.

  4. Creativate shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of a client’s verbal instructions.

  5. Creativate reserves the right to review and / or alter pricing in the event of changed client requirements.

  6. Proposal and estimate documents are provided as a best estimate given provided information. Please allow for up to 10% variation.

 

E. CLAIMS FOR REMEDY

Any complaint shall be made in writing within seven days of receipt of  services in order to remedy faults or complaints. any disputes pertaining to invoices received after seven days will be null and void.

F. OUTSIDE INFLUENCES

Creativate shall not be responsible for any delay, default loss or damage due to any industrial disputes, accidents, hackers, acts of God, equipment failure or mischievous damage or other causes beyond Creativate's control.