Think Creative Agency is pleased to set out their Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Think Creative Agency’s services.
1.1. The Services: Think Creative Agency will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Think will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary. If the scope of a brief does not change, the Quote/Production Estimate covers 1 (one) round of what would be deemed as reasonable creative changes (unless otherwise detailed in the production estimate) following the presentation of an initial concept, this does not extend to functional changes that were approved in a scoping document. Revisions briefed thereafter will be charged according to Think’s standard hourly rate card.
1.2 Information: To maximise Think Creative Agency’s effectiveness we must work with you as a team. Often Think Creative Agency’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification Think Creative Agency will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Termination: Should you wish to terminate the contract prior to commencement of work, Think Creative Agency will be entitled to a penalty of 15% of any quotations mentioned in the Quote/ Production Estimate. Should the project be terminated after work has commenced, you will be invoiced the 15%, or for work already completed, whichever is greater.
1.4. Force Majeure: Think Creative Agency shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Think Creative Agency’s reasonable control.
2.1 Payment Terms: Invoices shall be settled by telegraphic transfer into Think Creative Agency’s nominated bank account within 14 days of the date on the invoice unless agreed otherwise. Think Creative Agency reserve the right to charge interest on invoices that are not paid within that time at the rate of 18% per annum.
2.2 Other Specialist Services: Think Creative Agency’s estimate is exclusive of third party costs such as photography, illustration, video production, sound recording etc unless otherwise included in the estimate. Think Creative Agency may, unless you instruct us otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be passed on to and will be quoted according.
3.1 In most cases, Think Creative Agency will provide a scoping document which details the functionality in the work we do for our clients, this includes but is not limited to a website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4.1 It is your responsibility to provide us with the required information about your business and marketing objectives. Think Creative Agency takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word or an ASCII text file. Failure to supply material in easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made. You grant Think permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Think Creative Agency from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5.1 Confidentiality: Save as required by law, Think Creative Agency will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Think may however disclose your documents and affairs to:
(i) such of your other service providers as you inform Think Creative Agency are involved in any assignment on which Think Creative Agencyis instructed;
(ii) Think Creative Agency’s affiliates or related parties; and
(iii) any other service provider to whom Think Creative Agency may properly delegate aspects of any assignment in order to provide a full range of services to you.
6.1. Freedom to use Ideas and IP: Think Creative Agency may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Think, shall, upon you paying Think Creative Agency in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Think Creative Agency or third parties engaged or employed by Think Creative Agency.
7.1 All services may be used for lawful purposes only. You agree to indemnify and hold Think Creative Agency harmless from any claims resulting from your use of our service that damages you or any other party.
8.1 Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.