Terms & Conditions

This statement sets out this site's policies relating to the privacy and security of your personal information and other information. This privacy and security statement applies only to this site.

Here you will also find a summary of my Terms & Conditions for working with clients. Although I may negotiate custom T's & C's for particular jobs or individual clients, the terms below are general and apply in the absence of any specific alternations.

Website Privacy

This site collects and uses the following information from users:

A record of your visit and logs the following information for statistical purposes - the user's IP address, the date and time of the visit to the Site, the pages accessed and documents downloaded and the type of browser used. No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect my service provider's logs. Outside of this, the data collected is used only at the end of each month to determine the Site's usage statistics.

The Site retains the e-mail address and submitted details of people who send e-mails through the "Contact Me" form. They are stored in a secure area and will not be used for any other purpose outside of Kopā Creative communications, nor disclosed without your consent.

By providing your contact details via my Contact page and ticking the 'Accept Ts & Cs' box, you subscribe to receive future special offers & promotions, plus information about Kopā Creative, until such time as you request me to stop sending it. Should you wish to opt out at any time simply let me know by phone or email, or via the unsubscribe option at the bottom of every newsletter I send out. Your details remain yours and may only be shared with my agents for the purposes of communicating Kopā Creative marketing material. I value the trust you have placed in Kopā Creative, and as such, your details will NOT be sold or rented to any other companies - ever.

You should note that there are inherent risks associated with transmission of information via the Internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise this Site. There are alternative ways to obtain information from, and conduct business with, Kopā Creative for those users who do not wish to use the internet.

Client Terms & Conditions

Upon acceptance of a quote from Kopā Creative, these terms and conditions are fully agreed to by the client.

The Client means the person or company that formally enter into this agreement.

Kopā Creative refers to the business entity trading as Kopā Creative (ABN 29 692 250 385)

Nature of Work

The association between Kopā Creative and the client is that of ‘independent contractor’. Kopā Creative is not an employee, agent or partner of the client. Time invested by Kopā Creative will be limited to the defined project, as well as any required consultation time that relates to this.

Quotes

Before a project is undertaken, Kopā Creative will provide a quote so that the proposed cost of a project is clear. All quotes will include:

A free initial consultation of up to one hour, plus official quote submission
Reasonable revision work of up to 2 drafts per project (further revisions will be charged at $130+gst per hour)
Communication by email or phone with the client or third parties engaged by the client as necessary

Should the scope of the project change substantially from the original brief as approved by the client, Kopā Creative reserves the right to requote and/or apply additional charges for the extra work.

All quote pricing, planned work/brief content and agreed completion timelines remain valid for 30 days from date of submission, and is subject to change should this time lapse.

Any project estimates or ‘ballpark’ approximations provided before the official quote and brief are approved and accepted by the client are not guarantees and should not be taken as such.

Work Completion Dates

Although Kopā Creative will make every effort to deliver work on time, from time to time, unforeseen circumstances may occur and meeting an agreed deadline may not be possible. In such cases, Kopā Creative will inform the client in writing as soon as practically possible with revised delivery dates, and will not be held liable for any loss or damages as a result of missing a deadline.

Agreed completion dates are also dependent on all project-critical materials being received by Kopā Creative from the client as requested. Kopā Creative will communicate requirements as soon as the project begins, or in the case of unforeseen circumstances, as soon it becomes evident that extra material may be required. Should the client fail to provide this requested material by dates communicated, or in a timely fashion, Kopā Creative takes no responsibility for work that may delivered late as a direct result.

Ongoing Retainers

Kopa Creative is happy to offer flexible monthly retainer arrangements for clients that require ongoing, or somewhat unpredictable work.

This will involve an agreed number of ad hoc hours allocated for use per calendar month.

Starting at a minimum of 12 hours per month, a minimum 3 month commitment will attract a 15% discount on current hourly rates.

Short term retainers with ad hoc hours and no minimum commitment will be charged at the full hourly rate.

Retainer fees are to be paid one month in advance, prior to work commencing. Clients will be invoiced monthly.

All copy & IP created as part of the agreed retainer is subject to the same copyright terms and conditions as regular projects (see below).

Cancellation of any discounted retainer after the minimum 3 months will amount to one month's notice. Cancellation of full priced, short term retainers will amount to two weeks' notice.

Approval

Kopā Creative requires that a primary contact be nominated by the client for each project undertaken. All project-related correspondence, revision requests and approvals are to be directed through this nominated person.

Should the client not submit revisions within 3 business days of a draft being delivered, or respond to reasonable correspondence, Kopā Creative assumes approval is granted for work submitted and will invoice the client.

Confidentiality & Privacy

Kopā Creative will ensure all materials supplied by the client remain confidential.

The client agrees to indemnify Kopā Creative for any claim for compensation or damages as a result of accidental disclosure or loss of information.

Some types of work undertaken by Kopā Creative on behalf of a client may require the disclosure of sensitive information, including but not limited to usernames, passwords and client business or payment data. Kopā Creative will take every reasonable measure to protect that information.

Should the client not be prepared to share this information and, through not sharing it, this will ultimately impact the scope of work that Kopā Creative can undertake, the impact will be communicated clearly to the client and the brief and quote amended to account for this.

All originally produced Intellectual Property and materials created by Kopā Creative on behalf of a client will be solely owned by above-mentioned client on completion of the project and payment in full of any outstanding invoices. Until such time, it will remain the property of Kopā Creative.

Clients agree any design work undertaken by Kopā Creative that incorporates third-party sourced images/designs/elements (including, but not limited to, website templates, stock images etc.) may not be elegible for trademarking or copyrighting.

Until all outstanding payments are received, the client is prohibited from publishing any material produced, unless express approval is given by Kopā Creative.

If a project is cancelled before completion or payment, all copyright for work completed remains with Kopā Creative, and does not become property of the client.

Kopā Creative reserves the right to use selected extracts of content created for clients for promotional purposes unless specifically asked in writing not to do so.

Subcontractors

Being a sole trader, from time to time a project may require expertise outside the scope of what Kopā Creative can offer, or to engage employees or qualified contractors to deliver work within a specific timeframe. In these instances, a subcontractor may be engaged to complete part of the project.

Should Kopā Creative deem a subcontractor necessary to complete a project, it will be disclosed to the client at time of negotiation.

Kopā Creative will include all costs associated with a subcontractor in the original quote, or where unforeseen circumstances arise where a subcontractor is deemed necessary after commencement of a project, will request approval to proceed from the client (this may incur additional subcontractor fees).

Clients are not to have direct contact with subcontractors without the authority of Kopā Creative.

Payment

Kopā Creative accepts electronic fund transfer in $AUD only.

Kopā Creative is registered for GST, and all pricing on quotes/invoices will show pre-GST pricing for services + a GST inclusive total.

A non-refundable 50% deposit is to be paid prior to work beginning on all new projects over the value of $500. Work will only be scheduled once this deposit has been received.

Upon project completion and final client approval, the balance of outstanding fees will be invoiced.

Payment is required in full 7 days from invoice.

If payment is not made, Kopā Creative retains copyright for all work completed, and this material cannot be used by the client or any third party.

In the case of ongoing retainer arrangements, if payment is not made, Kopā Creative reserves the right to pause all further work until the outstanding amount is paid.

Cancellation of a project by the client after commencement, but prior to completion, will result in the deposit being forfeited. Or in the case of no despoit being paid (for projects under $500), work completed will be charged at the standard rate of $130+gst per hour.

In the event Kopā Creative cancels a project prior to completion, all monies already paid by the client will be refunded in full. Should the client wish to gain copyright for any work completed prior to cancellation, they may request to pay for that portion in accordance with the originally quoted price.

Rush Fee: Should a project, or elements of a project, be deemed to have become more urgent than the approved brief deadlines, the client has the option to pay a rush fee. This will be equivalent to an additional 30% of the original quote (or parts thereof) deemed urgent for projects (or project elements) over $200, or a flat fee of $50+gst for any project below this value.

Overdue Payments: Should an invoice remain unpaid for more than 30 days past its issue date, an additional late payment administration fee of $25+gst will be added to the total invoice amount for each 7 days it remains unpaid to cover follow up time.

Indemnity & Liability

By using Kopā Creative’s services, the client indemnifies Kopā Creative against any and all claims, costs, and expenses, including solicitors fees, due to materials or errors that may appear in any work undertaken at the request of the client.

Kopā Creative assumes that all materials and information provided by the client, and relied upon to create content or new materials, are factual and accurate, free of all false, misleading or defamatory statements, and that the client is the legal copyright owner.

Kopā Creative will make every effort to accurately proofread any work submitted to the client, however we cannot guarantee that all work will be free of typographical, grammatical or factual errors.

It is the client’s full responsibility to submit all copywriting or content for legal review prior to publishing.

Kopā Creative does not accept any liability for material published by the client, or changed by the client, and cannot be held responsible for how it is used once the client has acquired its copyright.

Guarantees & Warranties

Although every effort is made to ensure effective and optimised material is created and advice given, there are many complex and constantly changing factors that may contribute to the success of any brand, design or copywriting work provided by Kopā Creative. As such, Kopā Creative cannot make any explicit guarantees as to the performance of the advice, content or materials supplied to the client, including, but not limited to, search engine ranking, increased web traffic, or sales results.

It is the client's full responsibility to consider all advice and materials supplied, and whether it is suitable for their business.

All terms & conditions are subject to change without notice and will be available to view, in full, on this website.