terms and conditions.
About the Services
Welcome to www.gazecreative.com.au (the "Website"). The Website is operated by GAZE Creative (ABN 41 542 443 298) and provides access to design services (the “Services”). By agreeing in writing to commence a project, paying a deposit, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms”).
GAZE Creative reserves the right to update or amend these Terms at any time. Updated Terms take immediate effect upon publication on the Website.
Website Use
Browsing the Website (viewing pages or content) indicates that you have read and understood these Terms. This does not constitute acceptance of Services. Acceptance of Services occurs only when a project is confirmed or a deposit is paid.
1. Acceptance of the Terms
- Written confirmation to proceed with a project and/or payment of a deposit constitutes acceptance of these Terms.
- By proceeding with a project, you acknowledge that you understand and agree to the scope, deliverables, and limitations described herein.
2. Payment & Deposits
- A 25-50% deposit may be required to secure your project in the schedule. Project work will not commence until the deposit is received.
- Full details of the project will be captured in a briefing form sent after the deposit is received, unless already captured in writing via email.
- All quoted prices are exclusive of GST. Additional services requested outside the agreed scope may incur extra charges.
- A final invoice will be issued upon completion of the project. Payment is due within 21 business days unless otherwise agreed.
- Non-payment or declined payment may result in the suspension of Services until resolved.
3. Project Delays & Outstanding Work
- If a project extends significantly beyond the estimated timeframe (e.g., 20+ weeks) and client responses have become minimal or absent, GAZE Creative reserves the right to:
- Request payment for work already completed.
- Terminate or expedite the project based on current progress.
- Upon receipt of payment for work completed, deliverables will be provided as they currently stand. This clause applies only in extreme cases where delays cause undue financial burden.
- GAZE Creative will make reasonable efforts to maintain communication and progress with the client before invoking this clause.
4. Communication
- All official communication for project purposes will occur via email. Other forms of communication are not considered binding.
5. Refunds & Consumer Guarantees
- Services provided by GAZE Creative are subject to the guarantees under the Australian Consumer Law (ACL), including that services will be provided with due care and skill, and fit for purpose. This limitation does not affect any rights you have under the ACL or any other statutory rights that cannot be excluded by law.
- Apart from statutory guarantees, refunds are not offered for subjective dissatisfaction, change of mind, or disagreements over creative direction.
- If you are unhappy with the Services, GAZE Creative will work in good faith to resolve the issue and rectify any problems reasonably, provided they are communicated clearly and in a timely manner.
- GAZE Creative is committed to delivering Services with due care and skill, and will work with clients to resolve any issues arising during the project.
6. Scope of Services
- Quotes and estimates are based on the project requirements as described by the client. Any additional work not included in the original estimate will incur additional charges.
- Deliverables include final files in appropriate formats (e.g., print and digital), as specified in the project agreement.
7. Copyright & Intellectual Property
- All design work created by GAZE Creative remains the intellectual property of GAZE Creative until full payment is received.
- Once payment is complete, the client is granted a license to use the final deliverables for the intended purposes.
- GAZE Creative retains the right to use work in portfolios, social media, and marketing materials, unless otherwise agreed in writing.
8. Limitation of Liability
- GAZE Creative is not liable for any indirect, consequential, or special losses, including loss of profit, goodwill, or business opportunity, arising from the Services.
- Total liability is limited to the value of services paid for.
9. Termination
- Either party may terminate a project in writing. GAZE Creative may terminate Services if:
- The client breaches these Terms.
- The project becomes commercially unviable.
- Required by law.
10. Governing Law & Dispute Resolution
- These Terms are governed by the laws of Queensland, Australia.
- Any disputes arising under or in connection with these Terms must first be addressed via written notice and negotiation.
- If a dispute cannot be resolved through negotiation, the parties agree to attempt mediation in Queensland, Australia before commencing any court proceedings.
11. Privacy
- All client information is subject to GAZE Creative’s Privacy Policy.
- Client information will be handled securely and in accordance with applicable privacy laws.
12. Standard Clauses
- Independent legal advice is recommended but not required.
- If any clause is found unenforceable, the remainder of the Terms remain in effect.