Terms of service

ELLCÉE CREATIVE, Hereafter referred to as “ELLCÉE CREATIVE” directs all users to the following Terms of Use for our website and our services. We encourage all users and clients to read this document thoroughly. By entering the website or using any part of it, you agree to adhere to these terms of service. If you do not accept all of the terms and conditions of this agreement, you are not allowed to use any services or visit the website. If these Terms of Service constitute an offer, acceptance is subject to the conditions set forth in these Terms of Service.Any reference to ‘we’, ‘our’ or ‘us’ refers, at all times, to ELLCÉE CREATIVE. Any reference to ‘you’ or ‘your’ refers to our website users and customers. 

ONLINE TERMS
You confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have granted us permission to let any of your minor dependents to use this site, by agreeing to these Terms of Service. You are not allowed to use our products for any improper or prohibited purposes, and you are not allowed to break local laws by using the Service (including but not limited to copyright laws). You must not distribute any worms, viruses, or other disruptive code. Your Services will be immediately terminated if any of the Terms are broken or violated.

OUR SERVICE
ELLCÉE CREATIVE is a creative studio specialising in branding, graphic design and marketing services. We reserve the right to alter our service, at any time, or refuse service to any person that we deem as misusing our service or products, or using them for an illegal or otherwise prohibited purpose. 

ENGAGEMENT
You may engage us to carry out a Project for you by:

  1. Accepting a Quote in writing; or

  2. Giving us written, emailed or verbal authorisation to commence a Project. Unless we notify you otherwise, we will accept that engagement subject to these terms and conditions. The Project will commence when we accept the engagement and deposit.

QUOTES AND ESTIMATES
If we provide, or have provided, you with a Quote for your Project, then that Quote:

  1. Is based on the Specifications, and is subject to change if the parties agree to amend the Specifications;

  2. Does not include GST; and

  3. Is valid for a period of 30 days from the date we issue the Quote.

FEES AND PAYMENTS
We require a 50% non-refundable deposit of the total amount quoted to be paid prior to the commencement of your project, following your approval to proceed with your job. This deposit must be paid prior to any work or drafts being shared with you. If you wish to cancel your project at any time, please contact us immediately at hello@ellceecreative.com. By agreeing to these terms, you will not be entitled to a refund of the deposit under any circumstances. The remaining 50% must be paid prior to us providing you with your final design files and/or marketing deliverables. The cost of your project will be explained to you in detail. If printing is required as an additional part of your project, the remaining balance of the invoice (including printing) will be required prior to the job being sent to the printer. If there are additional requests before or during your project, this will be charged at an hourly rate of $100 per hour. You will be made aware of this amount prior to us completing the work and will be charged accordingly. If payment is not received within the time outlined in your quote or invoice (a period of 7 days), we will charge a $10 late fee for each day that the payment is overdue.

GST (Goods, Services & Tax)
Unless we expressly state otherwise, the Fees and Additional Costs do not include GST. If at any time we decide that GST is payable on supplies made by us, or if the Australian Taxation Office assesses GST on any such supplies, then the necessary amount will be added to, and form part of, the Fees or Additional Charges (as the case may be) at the GST rate prevailing at the relevant time. We reserve the right to recover from you at any time such an amount on account of GST on supplies made by us to you under this agreement.

FEE POLICY
Prior to receiving an Order, ELLCÉE CREATIVE retains the right to modify its fee. In the event of any circumstance impacting delivery brought on by government action, modification in customs duties, increased shipping costs, higher foreign exchange expenses, or any other reason outside the control of the Company, the fee quoted may be changed by the ELLCÉE CREATIVE after accepting an Order. You will still be able to cancel your Order in that situation.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: 

  1. for any illicit reason;

  2. to encourage someone else to commit any illegal conduct;

  3. to disobey any local ordinances, federal, provincial, international, or national laws;

  4. to violate our intellectual property rights or the rights of others by infringing upon them; 

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

  6. to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

  7. to collect or track the personal information of others; 

  8. to spam, phish, pharm, pretext, spider, crawl, or scrape; 

  9. for any obscene or immoral purpose; or 

  10. to tamper with, defeat, or otherwise interfere with the security components of the Service, any associated website, other websites, or the Internet. For breaching any of the banned uses, we retain the right to stop you from using the Service or any connected website.

CLIENT APPROVAL
We require you to sign off on all invoices and work before they are finalised. You will be provided with a copy of these documents, acting as a binding agreement between designer and client. If there is a delay in the approval and client communication, we will not be held accountable for the delays that this may cause to your overall project.

We provide three logo design concepts with two rounds of "revisions" as part of our service. A round is when we take your suggestions into account and put it into practice to give you a fresh idea. Make sure to gather all of your feedback into one email that is brief and provides clear feedback in order to make the most of your round. This will allow us to take all of your feedback into account and prevent you from needlessly "using up" a design session.

If you require changes to the final design after approval has been received, you may be charged a fee to cover any extra time needed to make the changes required. 


DESIGN CHANGES
Our branding services include a limited amount of revisions to ensure that your project is finished within a certain time frame. Your original quote will be subject to change if you require alterations to a complete or near complete design. This will incur a fee and extend the time of the project timeline. Under no circumstances is the client permitted to alter the design created by ELLCÉE CREATIVE once handed over to the client. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
Your usage of our service won't be uninterrupted, timely, secure, or error-free, and we make no promises or warranties about that. We do not guarantee the accuracy or dependability of any outcomes that may be attained through the use of the service. You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether. You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall ELLCÉE CREATIVE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SEVERABILITY 
The remaining provisions will remain in full force and effect even if any provision of these Terms is found to be unenforceable or unlawful. Instead, that provision will be amended and interpreted to the greatest degree permitted by relevant law in order to achieve its intended goals.

PRINTING
There is no printing included in your project invoice (as stated in our packages guide and website). ELLCÉE CREATIVE can set up printing for your project and find a paper merchant that fits within your spending limit. Prior to sending designs for print, you must approve all printing expenses detailed in your invoice. Any problems that may arise during the external printing process are not the responsibility of ELLCÉE CREATIVE. If any problems occur, we will let you know as quickly as possible and take steps to have them rectified. Please be aware that the paper merchant is responsible for any external print problems or additional costs. Should there be any additional printing fees, you will be liable for them. ELLCÉE CREATIVE are not liable for any errors which have not been amended by the client after sign off. We strongly advise all clients to double check all spelling and content thoroughly prior to being sent for print by ELLCÉE CREATIVE. Quotes for these types of projects may vary throughout the financial year, which is a result of printing prices fluctuating. For this reason, printing quotes provided by ELLCÉE CREATIVE will expire 7 days after they are issued. If you are unable to confirm your work and pay a deposit within this time, you will need to be issued a further current quote to be approved before commencing work. ELLCÉE CREATIVE highly suggests that the client requests a printing sample prior to sending for final print approval to determine correct colour choice, this can be added to your final invoice for a fee (this is subject to availability & doesn’t cover foil, letterpress or any special finishes - this is available for digital printing only).

SOCIAL MEDIA
We love sharing our work on social media, so any work that we create may appear on our Instagram, Facebook and Pinterest accounts. If you do not want us to share your project on our social media accounts throughout and after the design process, please notify us during or prior your project if you wish for ELLCÉE CREATIVE not to share.

PERSONAL INFORMATION
We will store your personal information that you provide us during your project in a safe location. We require certain personal details in order to commence your project. This can include, but is not limited to; full name, phone number, mailing address, email address and payment information. This information will in no way be shared with any third party organisations. After your project has been completed, ELLCÉE CREATIVE will store your information securely up until the end of the financial year for business purposes only.