LATE FEES 

Clients who consistently fail to respond to questions in a timely manner, do not supply needed information or otherwise impair efficient workflows, increase administrative time, and prevent Emmanate Creative from working to optimum standards and serving other clients in a fair and equal manner, Emmanate Creative reserves the right to impose late fees and/or increase hourly rates of Clients who fall into this category.

MODIFICATION OF AGREEMENT

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

OWNERSHIP OF INTELLECTUAL PROPERTY

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.

The Provider grants to The Client a non-exclusive, transferable, royalty-free, perpetual licence to use and intellectual property rights owned by the Provider which have been used in completion of the Services, that were already in existence prior to commencing the Services.

OWNERSHIP OF WORK

You, the client, have ownership of your final logo or design for use in any media application that is beneficial to your business. Emmanate Creative retains the right to use the final logo or design, or any versions of the logo or design created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The client also gives Emmanate Creative permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark.

The client understands that the final logo or design belongs to Emmanate Creative until paid in full. In the event of termination of this Agreement, Emmanate Creative owns the logo and has the right to complete, exhibit, and/or sell the logo or design (not including business name). Furthermore, Emmanate Creative owns all the logo or design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Emmanate Creative reserves the right to display the logo for business promotional use.

PAYMENT 

All invoices can be settled via Direct Deposit or via STRIPE which takes Credit Card payments. Please note that a 1.7% processing fee will be passed onto the client. When you accept your proposal, we will invoice you for 50% of the total cost of the work. Payment will be due within 7 days. This is considered a non-refundable deposit. When the work is completed, we will invoice for the remaining 50% of the total cost of the work. Payment will be due within 7 days.

REIMBURSEMENT OF EXPENSES

The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.

All expenses must be pre-approved by the Client.

RETURN OF PROPERTY

Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

SCHEDULE OF WORK

The work outlined in this proposal will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will incur an additional fee. Our schedules assume timely review and response by Emmanate Creative of all deliverables.

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

SCOPE CHANGE

Should your project scope evolve, transparent communication is vital. Changes to the initial agreement may impact timelines and costs. Your commitment involves discussing scope adjustments promptly, ensuring we navigate changes collaboratively and efficiently.

SERVICES PROVIDED

The Client hereby agrees to engage the Contractor to provide the Client with the  services (the “Services”) outlined in the proposal.

The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

TERM OF AGREEMENT

The term of this Agreement (the “Term”) will begin upon acceptance of the proposal and will remain in full force and effect until the completion of agreed upon project, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.

WAIVER

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

WORK HOURS/DAYS

This agreement assumes work will be completed within the standard work week (Monday to Friday, 9am to 5pm AEST). Emmanate Creative is closed on all major holidays and the entire week of Christmas and New Years.