Quote agreement

This contract is a rough estimate. Deep Sea Creative reserves the right to renegotiate this quote and its terms should the project require additional work that falls outside the details described in the outline above.

Copyright

Deep Sea Creative retains full ownership of design concepts and materials it produces. Once a final concept is delivered to The Client and full payment is received, complete ownership rights to the concept transfer to The Client. Deep Sea Creative retains the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website. If a design is not appropriate for Deep Sea Creative’s promotion, please make that known.

Supplied artwork

It is The Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. Deep Sea Creative assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.

Fees and Payment

The Client will make a 50 percent down payment prior to work commencing. The project can be scheduled once the down payment is received by Deep Sea Creative. The down payment is non-refundable. The remaining 50 percent is payable to Deep Sea Creative upon completion of the project, and before original artwork is supplied to The Client. Any additional work required which is outside the original scope and not provided for in the original Quotation, is charged accordingly at Deep Sea Creative’s current hourly rate.

Schedule and availability

This agreement assumes work will be completed within the standard work week (Monday through Friday, 9:00am to 5:30pm). Deep Sea Creative is closed on all major holidays and the entire week of Christmas and New Year’s. The work outlined in this agreement 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. Deep Sea Creative reserves the right to charge a rush fee of 25% if the work cannot be reasonably completed within working hours between the time between the start of the project and the due date. Deep Sea Creative’s schedules assume timely review and response by The Client of all deliverables. Deep Sea Creative can be reached by telephone from Monday to Friday between 9:00am and 5:30pm AWST.

Amendments and extended scope of project

Deep Sea Creative’s estimate includes 2 rounds of revisions to be completed within 14 days of receiving the initial proof, provided that such revisions do not require work exceeding the Scope of Work as defined in this Agreement. Deep Sea Creative may decline, or charge additionally for, work that Deep Sea Creative reasonably deems to be beyond the Scope of Work. Deep Sea Creative may extend or modify any delivery schedule or deadlines as may be required by such changes.

Approval

While Deep Sea Creative takes all care to avoid errors, Deep Sea Creative accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. The Client is to proofread and approve all final copy before the production of artwork. The email verification of The Client’s Representative shall be conclusive as to the approval of all artworks prior to their release for printing, implementation, or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by The Client’s proof reading.

Cancellation

If after project commencement communication (face-to-face, telephone, or email) with The Client stops for a period of 30 days, the project can be cancelled, in writing by Deep Sea Creative, and ownership of all copyrights shall be retained by Deep Sea Creative. A cancellation fee for work completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost. In the event of a project termination by either party, Deep Sea Creative will determine the cost of artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date. In the event of cancellation, Deep Sea Creative retains ownership of all copyrights and original work created.

Files, storage and retrieval

If The Client has specific requirements for how project files must be prepared, The Client must communicate this, in writing, to Deep Sea Creative before the project begins. Deep Sea Creative agrees to store all final electronic files created for The Client for a maximum of two years. If The Client loses or accidentally deletes the files delivered by Deep Sea Creative at the completion of the project, Deep Sea Creative can re-upload, for a fee of $50AUD per request (plus GST if applicable).

Support for website maintenance, hosting and email management

Unless an ongoing support plan is agreed upon, as-needed support will be billed at Deep Sea Creative’s hourly rate with a 15 minute minimum charge. Any monthly or annual website maintenance, hosting or email management agreements will be under automatic renewal terms and may only be cancelled with written notice no later than 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Deep Sea Creative will provide notice upon such change taking place. If a support plan has been agreed upon and purchased for website maintenance, hosting or email management, Deep Sea Creative can be contacted between 9:00am and 5:30pm AWST and will respond to support requests within 1 business day. If additional time is needed it will be communicated to The Client within this time frame.

Website maintenance plan coverage

Add-ons, software and plugins installed by The Client can not be supported under maintenance plan and support will be quoted for and billed at an hourly rate. If a recurring website maintenance plan has been agreed upon and purchased by The Client, Deep Sea Creative will offer the following support:

  • Regular maintenance and security updates including updates to Wordpress software, plugins and themes.
  • Monthly File backups (images, videos, etc) to be kept for 3 months (last 3 backups)
  • Weekly Database backups (site configuration, structure and content) to be kept for 6 months (last 24 backups).
  • Restoring backed up content in case of emergency or site issues.
  • Occasional, minor amends to existing content (replacing an image, changing paragraph text, adding small amounts of content that follow existing formats). If amends are more frequent or significant (content added or amended regularly, adding a new layout, new page type or new functionality) or out of scope Deep Sea Creative can quote for these as needed.

Printed materials

Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project, and that Deep Sea Creative is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome.

Confidentiality

The Client shall inform Deep Sea Creative in writing before the project commences if any portion of any material or information provided by The Client or if any portion of the project is confidential.

Indemnity

The Client agrees to indemnify and hold harmless Deep Sea Creative from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by Deep Sea Creative.

Amendments to these terms and conditions

This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements. All and any amendments to the terms and conditions outlined in this submission must be provided in writing by The Client and signed by an authorised representative of Deep Sea Creative prior to the commencement of work outlined in this submission.
By accepting this quote, or commencing a project with Deep Sea Creative, you acknowledge that you have carefully read, understand and fully agree to the terms and conditions.