Welcome to FOURSTROKE Creative. By accessing and using our services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
2.1 Scope: FOURSTROKE Creative provides a range of creative services including but not limited too, graphic design, logo design, apparel design, website design and development, and Google Ads management, print & media design, animation, marketing services, brand consulting.
2.2 Acceptance: By engaging our services, you accept these terms and conditions in full.
3.1 Approval Process: All designs will be shown to the client for approval. Production will only commence once written approval via email is received from the client.
3.2 Client Responsibility: Any errors or changes required after client approval will be the responsibility of the client. FOURSTROKE Creative will not be liable for any mistakes that were approved by the client.
3.3 Ownership: Upon full payment, the client will own the final designs and products. FOURSTROKE Creative retains the right to use these designs in their portfolio.
4.1 Payment Terms: Payments for services must be made as per the agreed terms in the contract or invoice.
4.2 Late Payments: Late payments may incur additional charges. FOURSTROKE Creative reserves the right to suspend services until payment is made in full.
5.1 Termination by Client: The client may terminate the contract at any time with written notice. The client will be responsible for payment of all work completed up to the date of termination.
5.2 Termination by FOURSTROKE Creative: FOURSTROKE Creative reserves the right to terminate the contract if the client breaches any of these terms and conditions.
6.1 Project Scope and Completion: FOURSTROKE Creative will provide website design and development services as per the agreed project scope and timeline. Upon completion of the project, the client will be notified and given access to review the final website.
6.2 Review and Change Requests: Clients have a 14-day period from the date of project completion to request any changes or edits to the website. These requests should be communicated clearly and in writing. FOURSTROKE Creative will address these requests in a timely manner. Any changes or edits requested after the 14-day period will be considered additional work and may incur extra charges.
6.3 Client Responsibilities: Clients must provide all necessary content, images, and other materials required for the website development in a timely manner. Delays in providing these materials may result in delays in project completion. Clients are responsible for testing the website and reporting any issues during the 14-day review period.
6.4 Limitations and Liabilities: FOURSTROKE Creative is not responsible for any issues arising from the client’s failure to act within the 14-day review period. FOURSTROKE Creative will not be liable for any damages, loss of profits, or other liabilities arising from the use of the website beyond the 14-day review period.
6.5 Ownership and Rights: Upon full payment, the client will own the website and all associated files. FOURSTROKE Creative retains the right to showcase the completed project in their portfolio.
6.6 Ongoing Maintenance and Support: Ongoing maintenance and support services are not included in the initial project cost unless specifically stated. These services can be provided at an additional cost as per a separate maintenance agreement.
6.7 Third-Party Services: FOURSTROKE Creative may recommend or use third-party services (e.g., hosting, plugins) for website functionality. FOURSTROKE Creative is not responsible for issues or limitations related to these third-party services.
7.1 Account Setup and Optimization: FOURSTROKE Creative will set up and optimize the client’s Google Ads account. This includes creating ad copy, designing assets, and configuring the campaign settings to ensure optimal performance. The initial setup fee and subsequent management fee will be determined between the client and FOURSTROKE Creative and documented in a separate agreement.
7.2 Ongoing Management: FOURSTROKE Creative offers ongoing Google Ads Management services, which include regular monitoring, optimization, and reporting on a weekly basis. These services are provided at a specified weekly rate agreed upon with the client.
7.3 Payment Terms: At the end of the first month of service, upon receipt of payment from the client, the client will be granted admin and ownership rights to the Google Ads account. Failure to make the agreed payment will result in the suspension of all management services, and the campaign will be paused until full payment is received.
7.4 Client Responsibilities: Clients are responsible for providing any necessary information or materials required for the creation and management of their Google Ads campaign in a timely manner. Delays in providing these materials may affect campaign performance.
7.5 Limitation of Liability: FOURSTROKE Creative is not responsible for any adverse effects on campaign performance due to delayed payments or failure to provide necessary materials. FOURSTROKE Creative will not be liable for any loss of profits, revenue, or other damages arising from the suspension of services due to non-payment.
7.6 Ownership and Access: Until full payment is made, FOURSTROKE Creative retains full control and ownership of the Google Ads account. Upon receipt of the agreed payment, the client will be given full admin and ownership access to the Google Ads account.
7.7 Termination of Services: Either party may terminate the Google Ads Management services with a written notice of thirty (30) days. All outstanding payments must be settled before termination. In the event of termination, all data, ad copies, and assets created for the campaign will be transferred to the client upon full payment.
8.1 Ownership of Deliverables: All intellectual property rights in the deliverables created by FOURSTROKE Creative, including but not limited to designs, graphics, copy, and other materials, remain the property of FOURSTROKE Creative until full payment is received. Upon receipt of full payment, ownership of the deliverables is transferred to the client. FOURSTROKE Creative retains the right to use the deliverables in their portfolio and for promotional purposes.
8.2 Client Materials: The client warrants that any materials provided to FOURSTROKE Creative for use in the project do not infringe any third-party intellectual property rights. The client will indemnify FOURSTROKE Creative against any claims arising from the use of such materials.
9.1 Confidential Information: Both parties agree to keep all confidential information received from the other party strictly confidential and not to disclose it to any third party without the prior written consent of the disclosing party.
9.2 Exceptions: Confidential information does not include information that is publicly available, already known to the receiving party, or required to be disclosed by law.
10.1 Scope of Work: Any amendments or revisions to the scope of work must be agreed upon in writing by both parties. Such changes may result in additional fees and/or changes to the project timeline.
11.1 Maximum Liability: The maximum liability of FOURSTROKE Creative under these terms and conditions, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the client for the services.
11.2 Exclusion of Consequential Damages: FOURSTROKE Creative shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or use, incurred by the client or any third party.
12.1 Events Beyond Control: FOURSTROKE Creative shall not be liable for any failure to perform their obligations where such failure is due to events beyond their reasonable control, including but not limited to natural disasters, war, strikes, or other labor disputes, acts of government, or interruption of utilities.
13.1 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.
13.2 Mediation and Arbitration: Any disputes arising out of or in connection with these terms and conditions shall first be attempted to be resolved through mediation. If mediation fails, the dispute shall be settled by binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
14.1 Entire Agreement: These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether oral or written.
14.2 Severability: If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 Waiver: No waiver of any breach of these terms and conditions shall be deemed a waiver of any subsequent breach.
