terms & conditions
These Terms & Conditions apply to all design, branding, website, photography, social media, print management and creative services provided by Creative Shell.
By accepting a quote, approving a project, paying a deposit, or engaging Creative Shell to begin work, you agree to the terms outlined below.
These terms are designed to protect both Creative Shell and the client, and to help ensure each project runs smoothly, clearly and professionally.
Quotes & Payment
All projects will be quoted based on the information supplied by the client at the time of enquiry.
Each quote or service agreement will outline the project inclusions, estimated costs, revision allowance, deliverables and any specific requirements for the project.
Quotes are valid for 30 days unless otherwise stated.
A 50% deposit is required before work begins, unless otherwise agreed in writing.
The remaining balance is due before final files are supplied, artwork is sent to print, or a website is published/launched.
Payment of invoices must be made within seven (7) days of receipt, unless otherwise agreed in writing.
Creative Shell reserves the right to pause work if payment is overdue and may take reasonable steps to recover unpaid accounts.
Final artwork, website handover, print files, editable files or completed project assets will not be released until full payment has been received.
Project Scope & Additional Costs
All pricing is based on the original brief provided by the client and the project overview outlined in the quote or service agreement.
If the project changes from the original brief, additional costs may be incurred and added to the final invoice.
Additional work may include, but is not limited to, new design concepts, extra revisions, major changes in direction, additional pages, extra design items, urgent turnaround, copywriting, image sourcing, website changes, print changes, file formatting, Canva setup, meetings or any other work outside the agreed scope.
Any additional work outside of the agreed inclusions will be quoted separately or charged at Creative Shell’s current hourly/project rate and must be approved before proceeding.
Revisions & Changes
Each project includes the number of revision rounds stated in the quote or service agreement.
Revisions are small changes to the agreed design direction, such as colour changes, font adjustments, layout tweaks, image swaps or minor wording changes.
Basic corrections and reasonable minor changes are included during the revision stage, provided they remain within the agreed project scope.
Major changes to the original brief, a change in design direction, new concepts, additional design items, or changes requested after approval may incur additional fees.
If the included revision rounds have been used, any further changes will be quoted or charged separately.
Client Responsibilities
The client agrees to provide all required information, feedback, content, images, logos, copy, login details and approvals in a timely manner.
Creative Shell cannot be held responsible for project delays caused by missing content, delayed feedback, changes to the original brief, unavailable client approvals, or third-party delays.
The client is responsible for ensuring that all content supplied to Creative Shell is accurate, lawful and approved for use. This includes text, images, logos, trademarks, fonts, graphics, product information and business details.
The client agrees to indemnify and hold harmless Creative Shell against any claims, losses or expenses arising from materials, content, images, fonts, logos, trademarks or information supplied by the client.
Timelines & Turnaround Times
Creative Shell will provide an estimated timeframe for each project where possible.
All timelines are estimates only and may vary depending on the project size, client feedback, revisions, content supply, print production, website requirements, third-party platforms or other unforeseen delays.
If a client requires urgent work, a rush fee may apply depending on availability.
Creative Shell will always aim to complete work in a timely manner, however no completion date is guaranteed unless specifically agreed to in writing.
Creative Shell is not liable for missed deadlines caused by delayed client feedback, missing information, third-party suppliers, printing delays, courier delays, platform issues or circumstances outside Creative Shell’s control.
Project Delays & Projects On Hold
If a project is put on hold by the client for ten (10) business days or more after work has commenced, Creative Shell reserves the right to issue a progress invoice for work completed to date.
For larger projects, this may include an additional progress payment of up to 30% of the total project cost, with the remaining balance due on completion.
If a client does not provide feedback, content, approvals or communication for more than 30 days, the project may be placed on hold.
If a project remains inactive for more than 60 days, Creative Shell reserves the right to close the project and invoice for any work completed.
If the client wishes to restart the project after this time, a restart fee or updated quote may apply.
Approvals & Proofing
The client is responsible for carefully checking all proofs, designs, artwork, website pages, spelling, grammar, contact details, layout, images, colours, quantities and overall suitability before approval.
If a proof is difficult to read, unclear, or requires changes, it is the client’s responsibility to request an updated proof before giving approval.
The client’s final approved proof is the version that will be supplied, printed, published or launched.
Once artwork has been approved, Creative Shell is not responsible for errors that are later discovered.
Once artwork has been approved and sent to print, it cannot be changed or cancelled.
Cancellations
If the client chooses to cancel a project after work has started, the deposit is non-refundable.
Creative Shell reserves the right to invoice for all work and expenses completed up to the cancellation date.
If the amount of work completed exceeds the deposit paid, the client may be invoiced for the additional work completed.
Creative Shell does not refund monies paid for cancelled projects once work has commenced, except where required under Australian Consumer Law.
If Creative Shell is unable to complete a project due to unforeseen circumstances, the client will only be charged for the work completed up to that point.
Final Files, Ownership & Intellectual Property
Final files will be supplied once full payment has been received.
Once a project is paid in full, the client receives the right to use the final approved artwork for the purpose it was commissioned.
Creative Shell retains ownership of all unused concepts, draft designs, working files, design process files, rejected concepts and preliminary artwork unless otherwise agreed in writing.
Editable working files, including Adobe Illustrator, Photoshop, InDesign or Canva working files, are not included unless specifically listed in the quote.
If the client would like access to original/editable working files, these may be released at Creative Shell’s discretion and may incur an additional fee.
Unless otherwise agreed, the cost to release original working files may be quoted separately and may be equivalent to the original design fee.
The client must not edit, resell, redistribute or provide working files to another designer, supplier or third party unless permission has been granted by Creative Shell.
File Supply & Storage
Creative Shell will supply final files in the formats outlined in the quote or service agreement.
The client is responsible for downloading, saving and backing up their final files.
Creative Shell will make reasonable efforts to keep project files on record, however long-term storage is not guaranteed.
If files need to be resent, retrieved, reformatted or supplied again at a later date, a file retrieval or admin fee may apply.
Creative Shell is not responsible for loss of files, proofs, artwork, supplied materials or project information after final delivery.
Fonts, Images & Third-Party Assets
Some projects may require the use of third-party fonts, stock images, templates, plugins, software, subscriptions or design assets.
Where possible, Creative Shell will use commercially appropriate assets. However, the client may be responsible for purchasing or maintaining any required licences, subscriptions or accounts.
This may include, but is not limited to, Canva Pro, Wix, website hosting, domain names, premium fonts, stock photography, plugins, booking systems, email marketing platforms or other third-party tools.
Creative Shell is not responsible for changes, price increases, technical issues, outages or limitations caused by third-party platforms or providers.
Canva Designs & Templates
If Canva templates or Canva asset uploads are included, the client must have an existing Canva account.
Depending on the fonts, colours, images, graphics or features used, a Canva Pro subscription may be required to access or edit certain elements.
Creative Shell is not responsible for Canva platform changes, subscription changes, missing assets, altered templates or issues caused by the client editing the designs after handover.
Website Design
Website projects will be quoted based on the agreed number of pages, features and inclusions.
The client is responsible for providing website content, including text, images, product information, service details, policies, contact details and any required legal wording.
Creative Shell may assist with basic layout, wording guidance and design flow, however professional copywriting, legal policies, advanced SEO, e-commerce setup, booking systems, automations or integrations may incur additional fees unless included in the quote.
Website hosting, domain names, email accounts, premium apps and third-party subscriptions are the responsibility of the client unless otherwise stated.
Creative Shell designs websites using Wix and is not responsible for technical issues, outages, pricing changes, platform changes or limitations caused by Wix or other third-party providers.
Once a website is approved and published, any further changes, maintenance or updates may be charged separately.
Website Credit
Creative Shell reserves the right to include a small website credit or link in the footer of websites designed and developed by Creative Shell.
This credit may include wording such as “Website by Creative Shell” or similar.
If the client would prefer this credit to be removed, this must be requested in writing and may be subject to agreement.
Website SEO
Creative Shell may include basic SEO setup where stated in the quote, such as page titles, descriptions, image names, headings and general page structure.
Creative Shell does not guarantee Google rankings, search engine placement, website traffic, enquiries, sales or business results.
Ongoing SEO, keyword strategy, blog writing, analytics, advertising or advanced search optimisation are not included.
Printing
Creative Shell is not a printing company and may arrange printing through trusted external print suppliers.
Printing will not commence until artwork has been approved and full payment for artwork and print services has been received.
Print turnaround times are estimates only and may vary depending on the product type, supplier workload, delivery times or production delays.
With all printing, there may be colour variations between electronic proofs, screen displays, previous orders and the final printed product. This is due to the nature of CMYK printing, paper stocks, finishes, production methods and bulk-run printing systems.
Creative Shell is not responsible for print errors caused by client-approved artwork, spelling mistakes, incorrect details, colour variation, supplier production issues, courier delays, or damage during delivery.
There will be no reprints at Creative Shell’s expense for errors, changes or issues that were approved by the client in the final proof, or for colour variations that occur as part of standard print production.
Where an issue is caused by the print supplier, Creative Shell may assist in communicating with the supplier, however reprints, refunds or replacements are subject to the supplier’s own terms and conditions.
Delivery
Creative Shell cannot be held liable for products that are damaged, lost or delayed once they are with Australia Post, courier services or other delivery providers.
Creative Shell will take reasonable care when arranging delivery, however delivery timeframes are estimates only and are not guaranteed.
Additional delivery fees may apply depending on the size, weight, location or urgency of the order.
Photography
For photography services, the client is responsible for providing accurate event details, locations, times, access information and any required permissions.
Creative Shell will take reasonable care to capture the agreed photography coverage, however specific images, moments, weather conditions, lighting, guest cooperation or event circumstances cannot be guaranteed.
Edited or final images will be supplied according to the package or quote.
Raw, unedited files are not supplied unless agreed in writing.
Social Media Design
Social media graphics will be designed according to the agreed quote or package.
Creative Shell is responsible for the design of the graphics only unless social media management, caption writing, scheduling, advertising or strategy has been specifically included.
The client is responsible for checking all wording, dates, prices, spelling, contact details and promotional information before approving social media graphics.
Creative Shell does not guarantee reach, engagement, followers, enquiries, sales or advertising results.
Portfolio Use
Creative Shell may share completed work and associated materials on its website, social media, portfolio, printed material, awards submissions or promotional material unless the client requests otherwise in writing.
If a project is confidential or cannot be shared publicly, the client must advise Creative Shell in writing before the project begins.
Confidentiality
Creative Shell will treat sensitive client information with care and will not intentionally share private business information, login details, unpublished materials or confidential project details without permission.
The client is responsible for securely sharing any passwords, logins or account access required for the project.
Communication
Project communication may take place via email, phone, messages, online forms, meetings or other agreed methods.
To avoid confusion, important approvals, project changes, quote changes or major decisions should be confirmed in writing.
Limitation of Liability
Creative Shell will take reasonable care in providing creative services, however Creative Shell is not liable for indirect loss, loss of profit, loss of business, loss of data, reputational damage, website downtime, third-party platform issues, printing delays, courier delays or outcomes outside Creative Shell’s control.
Creative Shell’s liability is limited to the amount paid by the client for the specific service, except where liability cannot be excluded under Australian Consumer Law or other applicable laws.
Waiver
If Creative Shell does not enforce any part of these Terms & Conditions at any time, this does not mean Creative Shell waives the right to enforce that term in the future.
Creative Shell reserves the right to rely on and enforce these Terms & Conditions at any time.
Australian Consumer Law
Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies the client may have under Australian Consumer Law or any other applicable law that cannot be excluded.
Acceptance of Terms
By accepting a quote, approving a project, paying a deposit, providing written approval, or engaging Creative Shell to begin work, the client confirms they have read, understood and agreed to these Terms & Conditions.