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CKP Terms and Conditions

Introduction…

A contract is formed between a Client (referred to as the ‘Client’) and CKP Creative (referred to as the ‘Company’) when an order is received from the Client. An order may be written, verbal or in electronic form. The product or service shall mean any product or service that is provided by the Company to the Client.

1. Supply…
The Company agrees to supply the product(s) or services(s) to the Client as detailed in the order and according to the terms and conditions of this contract.

The Client agrees to:

1.1 supply the Company with all source materials to be provided by the Client for incorporation into the Product by the dates and times specified by us and in the format requested by the Company;

1.2 co-operate with the Company in the development and production of the Product;

1.3 formally approve and sign off various stages of the production process upon request by the Company;

1.4 supply the Company with a purchase order number, or other written instruction as evidence of acceptance of these terms.

1.5 client will ensure that the creation of a website, online presence or any content is in accordance with managing company, organisational or regulatory bodies guidelines (i.e government or franchise owners or the like). The Company will not be held accountable or responsible should the correct release or regulation not been adhered to or followed by the client for the production of before mentioned service or product.

1.6 Client will ensure subjects captured in moving or still pictures ( video or photography) have written consent or release to appear on still or motion picture (photo or video) by the party or legal guardian. The Company is not responsible should the Client not gain the consent or rights to use likeness or imagery.    

2. Rights Reserved…
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an order, the Client accepts these terms and conditions.

3. Payment…
The Company shall issue an invoice to the Client in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the order and invoice.

The Client agrees to pay the Company:-

3.1 the % of the Fee in cleared funds at the time of order and prior to commencement of production, as detailed in the written order;

3.2 the remaining amount of the Fee and any agreed extras payable in line with the schedule detailed in our written order.

3.3 The Company reserves the right to charge interest on overdue amounts at an annual rate of 2.5%. Title of the products or services shall remain with the Company until full payment has been received unless otherwise stipulated in the order.

3.4 You may purchase a Subscription directly from CKP Creative by paying a subscription fee in advance on a monthly basis via our subscription portal or directly with a representative of CKP Creative

3.5 CKP Creative may change the price for the Paid Subscriptions, including recurring subscription fees, and offerings from time to time and will communicate any price or detail changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service provided by CKP Creative after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by contacting CKP Creative via email to accounts@ckpcreative.com.au unsubscribing from the Paid Subscription prior to the price change going into effect.

3.6 If you register for a Paid Subscription, you may change your mind for any or no reason. If you purchase a Paid Subscription, you authorise CKP Creative to charge your nominated credit card automatically each month until you cancel.

3.7 All subscriptions services provided by CKP Creative are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service. Your subscription will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription before the end of the then-current subscription period by notifying CKP Creative pty ltd via email to accounts@ckpcreative.com.au The cancellation will take effect the day after the last day of the current subscription period.

4. Additional Costs…
The Company reserve the right to charge additional costs as follows:-

4.1 for amendments to the Product requested by the Client which go beyond the initial product specifications agreed at outset of this agreement;

4.2 for any third party liability incurred by the Company (for which a fee or cancellation fee is payable by the Company) as a result of changes to the specifications requested by the Client;

4.3 if the Client fails to meet approval dates/sign off stages of the production in accordance with the Company’s requests and additional costs arise out of such delay. (The Client acknowledges that changes to the Product may become more complex if you do not formally approve and sign off stages of the production process in accordance with our requests and that failure to do so may result in an increase in the Fee and/or delay in delivery dates);

4.4 if there are delays in supply of source materials, collateral, products, services or personnel organised by the Client or a representative of the Client and/or problems encountered by us in the functionality or usability of such materials or services resulting in additional costs. (The Client acknowledges that the Fee, timeline and delivery dates are dependant upon the availability, functionality and usability of such materials and services).

4.5 The Company shall give the Client prior written notice of any additional costs and shall not incur such additional costs without the Client’s prior approval. Such costs shall be added to the Fee to the final instalment payable unless otherwise agreed by the parties.

 

5. Heath & Safety…
The Company and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).

6. Creative Brief…
Unless otherwise agreed, the Client accepts the Company’s decisions on creativity within the product(s) or service(s).

7. Promotion…
The Company reserves the right to use the Product for the purposes of their own advertising and the Client accepts that the Product shall form part of the Company’s library of works in this respect.

8. Intellectual Property…
Except to the extent agreed in writing by the Company, all intellectual property rights relating to any footage, graphic design, animation or other creative artistic work provided to the Client by or on behalf of the Company pursuant to these Terms the “Intellectual Property” remains the property of the Company.  The Company may display its own copyright and intellectual property notices on any Products and the Client must not, remove, obscure, deface or alter such copyright and intellectual property notices.

9. Confidentiality…
Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by these Terms. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under these Terms. However, this obligation will not apply to information which:

9.1  was in the public domain when it was provided to a party, or later enters the          public domain, through no fault of the party; or
9.2 the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.

10. Liability regarding work and materials provided…
It is agreed that all work and materials provided for the Client by the Company will be free and clear of all liens and encumbrances and may be lawfully used by the Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.

11. Copyright and Moral Rights…
The Company retains copyright for the work outlined. It is agreed that the client will have a non-exclusive Copyright License limited to the specifications outlined in this estimate. No copyright license is granted to the Client unless agreed to in writing prior to work being completed on this job. The Client will have a right (a license) to use the work for the purposes for which it was commissioned. The Client shall be under no obligation to use the work and must not sub-license, assign or otherwise alienate any rights in the work without written consent of the Company.

12. Warranty and Liability…
The Client is responsible for conducting its own trademark and other clearance searches to ensure that any material supplied to the Company is available for use. The Client must obtain all necessary licenses and consents to use any material that it supplies to the Company. The Client agrees to indemnify the Company against any claims or proceedings brought against the Company arising from the use of such marketing material.

13. Disclaimer…
In no event shall neither the Company nor its third party providers be liable for any damages caused by any product or service, or the failure of such product or service to perform, including but not limited to any lost profits, lost savings, loss of use, loss of data, or any other special, incidental, indirect or consequential damages of any kind, whether or not advised of the possibility of such damage, and regardless of the theory of liability pursuant to which such damages may be sought. The Company hereby disclaims all other warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and conformity to models or samples. The Company is not liable for any claim made by a third party or made by you for a third party.

14. Privacy Act 1988…
The Client authorises the Company to the extent permitted by law to collect, retain and use any information about the Client, for the purpose of assessing the Clients creditworthiness, to notify other credit providers of a default by the Client, or marketing any Goods and Services provided by the Company to any other party.

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