Terms & Conditions
The following Terms and Conditions apply to all work and services provided by LW Creative. When contracting LW Creative, you agree that you have read and agree to our Terms and Conditions. Any changes to the Terms and Conditions must be notified in writing, prior to the project start date and agreed by both parties.
LW Creative will provide a written quote via email for all larger projects, and smaller projects when requested by the Client. Smaller projects that have not been estimated will be billed at our standard hourly rate.
All Estimates are valid for 14 working days, after which a revised quotation may be required.
Except where stated otherwise, all pricing excludes G.S.T. and is in New Zealand dollars. Acceptance of quoted proposals must be confirmed by the Client in writing or by return email confirmation.
Fees for design services to be provided by LW Creative, will be set out in the written Estimate that is provided to the Client. On projects worth over $400.00 NZD, a 50% deposit is required to start your project. The final amounts due will be payable to LW Creative on the timeline completion date and prior to project completion.
On some occasions, additional changes to quotes may arise. In such an instance LW Creative agrees to notify the Client of additional fees before commencing work. Additional fees will become payable in full at the time of acceptance.
Payments for fees are accepted in the form of Direct Credit, Cash, and Cheque. Paypal is our accepted payment method for clients located outside of New Zealand.
All accounts are payable within 7 working days. Project related files will be released and websites will be activated once all accounts are settled in full.
Payment and fees for additional services required by a third party will be invoiced separately. Third party fees are direct with the provider and can be subject to change from LW Creative's quoted estimate. These services include but are not limited to printing, signage, website hosting, domain name and email service.
Fees due to our third party hosting organisation are the responsibility of the Client. LW Creative is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.
Timeline / Project Duration
Once the Client has accepted the quoted proposal and paid the deposit invoice to LW Creative, a start date will be confirmed and a timeline will be issued. A start date guarantees the next date available in LW Creative's work schedule. A start date will not be in excess of 7 working days unless previously advised prior to project acceptance.
A timeline is an estimated duration of the Clients project. LW Creative will provide a timeline and endeavor to adhere to timeline durations. Simultaneously, it is the Clients responsibility to provide information, files, amendments and sign-offs on or before the date set out in the timeline. If this is not possible the Client must communicate with LW Creative, so the timeline can be adjusted accordingly.
It is important to remember that a timeline provides a guide for both parties and LW Creative will not be held responsible for any project over-runs, whatever the cause.
Cancellation / Project Termination
Cancellation of any project by either party must be received in writing via email or post. At which time the project will cease and the Client will be invoiced for any completed work above the deposit received. All invoiced work must be payable within 7 working days.
LW Creative reserves the right to immediately terminate any project whereby the Client; is unresponsive by phone or email after five attempts of contact over 14 working days; is unable to supply content on timeline due dates without adequate notification of delay; or, is disrespectful or verbally abusive.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. LW Creative shall be considered entitled to remove the Clients' material from all computers and digital systems until the account has been settled by payment in full.
If the Client's account remains in default after 60 days from the invoice date, the Client agrees to pay LW Creative the outstanding account plus reimburse all reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyright of all design work is retained by LW Creative until after related fees have been settled in full. This includes all works relating to the project including concepts, ideas, written copy, proofs, and designs.
When the Client is required to supply digital information (ie. images, text, and other forms of information) to LW Creative for inclusion in the Clients digital and printed works, the Client declares that they hold the appropriate copyright permissions to do so. The Client agrees that LW Creative is not responsible for any claims resulting from the Client in not having obtained the required copyright and any other necessary permissions.
Copyright of all photographic works is retained by LW Creative.
The Client is entitled to use of supplied post-production images once the Client's account is settled in full. Image use is extended to a) personal use, or b) commercial use for the purpose of promoting their own businesses, products or services.
The Client(s) agrees that the photographer can display any photograph with the purpose to promote LW Creative's portfolio in social media, advertising, websites and blogs.
LW Creative will endeavour to capture any Client requested photographs but do not to guarantee any specific picture, incorporate any specific background, location or appearance of the Client due to changeable weather conditions, location availability, the willingness of subject(s), or appearance of the subject(s).
LW Creative will supply the requested number of photographs as quoted. Additional images will be taken during the photoshoot for the purpose of securing the best images for post-production. Images that do not make the final cut for post-production is at LW Creatives discretion and LW Creative is not required to present or supply pre-production images to the Client.
All photography uses natural lighting and excludes studio lighting unless quoted.
Image editing or "photoshopping" is digitally manipulating an image beyond what has been captured. All Image editing requests are additional and charged at a standard hourly rate.
Revisions to logo concepts
The logo design process naturally consists of phases. The designer creates a logo concept based on the Clients brief and the Client is asked for feedback. Logo revisions are then made with the goal to move closer to an optimal result for the client's project and their audience.
LW Creative will design and supply the stated number of concepts as detailed in the Client's quote. Once all concepts have been presented, the Client will have a specified number of days to provide their feedback and select one logo concept for further development.
Once all of the Client's comments, ideas and questions have been consolidated, LW Creative will provide a new logo version. This is the end of one round of revision.
Each logo design quote includes upto one round of revision. Additional logo concepts or rounds of revision are charged at the standard hourly rate above the quoted amount.
Amendments to Graphic Design and Website Design Work
LW Creative accepts that amendments to Client's work is apart of the design process. However, the Client agrees that excessive changes required over and above the quoted proposal, or changes required to be carried out after acceptance of the draft design may be liable to a separate charge.
When digital documents are supplied for printing the Client agrees to proof all print files for errors. LW Creative accepts no liability for any printing errors in finished work that has not been corrected by the Client.
Websites designed by LW Creative come with a Content Management System known as the CMS. Ownership of the intellectual property and of the CMS software is not transferred to the Client as part of the purchase of the website.
Websites designed by LW Creative are created in conjunction with our website development partner, Rocketspark. Hosting is payable by the Client monthly or annually and payment is required via credit card. Pricing is direct with the hosting provider and is subject to the provider's terms and conditions. Contact us if you would like more information.
LW Creative is not responsible for setting up email accounts on Client's computers and devices. When a Client is unable to setup email mailboxes, it is recommended that an I.T. consultant is contracted to complete the task at the Clients cost.
Archiving Digital Information
Digital information supplied and work by LW Creative will be archived within 10 working days of project completion. Archiving is a free service to Clients of LW Creative but is not a guarantee for digital backup. It is the customer's responsibility to retain a copy of any information or created works before archiving. If retrieval of information or work is required by the client after 10 working days, a retrieval fee of $45+GST will be payable to LW Creative to issue release.
Use of work
LW Creative will not produce work for Clients where any text or images are deemed to be immoral, offensive, obscene or illegal.
It is the Clients responsibility to ensure all advertising material created by LW Creative conforms to the New Zealand standards Advertising Standards Authority (ASA). LW Creative accepts no liability for any design work that is deeming in breach of the national advertising standards.
LW Creative reserves the right to change the Terms and Conditions at any time and without prior notice.