Terms & Conditions

Last updated 29 January 2020

For the purposes of this document, the terms “We”, “our” and “EB Creative” refer to Emma Bust t/as EB Creative. The terms “You” and the “Client” refers to prospective or existing clients of EB Creative.

EB Creative provides services to clients in a freelance or independent contractor capacity. Clients who engage EB Creative to perform work in this capacity will need to accept the terms below. We share this information in the interests of open communication, and to strengthen the relationship we have with our clients.

If you have any questions or concerns about the information we have shared below, please contact us to discuss before signing an agreement with us.

These terms are subject to change.

If any provision of the below shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this list and shall not affect the validity and enforceability of any remaining provisions.

Always double check an agreement before signing.

HOURS OF OPERATION

EB Creative operates on the standard business hours of 9am to 5pm AEST (Brisbane), Monday to Friday.

Due to flexible nature of our working environment, we may (and often do) work outside these hours of operation, however we are not able to always immediately answer calls or respond to emails or messages outside of these hours.

COMMUNICATION

Setting appropriate boundaries and controlling expectations are essential to any business, and is especially important for a sole trader operation such as EB Creative.

We are often unable to answer the phone as we’re attending on-site meetings with clients, taking conference calls with remote clients or just having some down time so that we can continue to work productively, so we offer multiple channels by which you can communicate with us.

In priority order, the best ways to contact us are:

  1. Email
  2. Short message via SMS
  3. Message via Facebook Messenger
  4. Voice (phone call, Skype or WhatsApp)
  5. In person (which can be booked here) and
  6. Postal mail

You should expect to receive a response to emails or messages within 24 hours.

PRIVACY

Where necessary, EB Creative may outsource specific tasks to specialists. Including graphic designers, web specialists, content providers, and other professionals. We are always upfront about who we collaborate with on a project, and will only do so with your permission.

All documents created in the duration of a project remain purely between EB Creative and you the client, unless otherwise permission has been granted.

INTELLECTUAL PROPERTY

All ownership of work completed by EB Creative rests with EB Creative until full payment has been received. Once we have received your final payment, you own all visual elements that we have created for you, for your project, unless otherwise agreed upon.

You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that have you permission to use them.

EB Creative is not responsible for any legal issues that may arise as a result of your images or content infringing on someone else’s intellectual property rights.

You should supply graphic files and photographs in a high-resolution, appropriate digital format.

EB Creative can provide you with suggestions of stock libraries if you choose to buy stock photographs. We are able to purchase images at an additional cost to you.

PORTFOLIO RIGHTS

EB Creative reserves the right to promote our work in other media not necessarily owned by us, such as websites, portfolios, presentations, events and print media. Additional promotion of our work on your projects shall not breach the above privacy terms.

COST ESTIMATES

All clients receive a free initial consultation and quote, valid for 14 days. Rates will be confirmed in writing before work commences. Quoted rates are an estimate and are subject to change.

We reserve the right to adjust project rates should the scope of the project change, or the amount of work required at our end is increased significantly by the request of additional requirements.

Should there be any new, foreseeable charges, the client will be notified in writing and an explicit agreement obtained before proceeding. Such additional charges will be billed together in the next invoice.

In most cases, a 50% deposit is required before work can commence on a project, with the remainder to be paid when the project is finalised.

Cash flow keeps small businesses like ours operational, so we greatly appreciate prompt payment. Payment terms will be communicated to you both within our agreement and on invoices.

Legal advice will be consulted should a client negate to settle an outstanding account within 60 days of the invoice due date.

CANCELLATION POLICY

Should you decide to terminate a project without sufficient notice, the full quoted cost of the project still applies.

For consultations and smaller projects (under a day’s operation), 50% of the total project still applies if cancelled within 48 hours’ notice.

EB Creative reserves the right to cancel our involvement in your project for unforeseen reason. In the event that this occurs, clients will be refunded any monies paid to EB Creative, with the exception of any third-party fees or monies paid for item (physical or digital) that are already in the client’s possession, for example purchased stock photographs, stationery, web hosting fees, published content etc.

CONSEQUENCES OF WORK

We take pride in the high quality of our work, but cannot guarantee that our work will always be error-free.

EB Creative cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate social media accounts, websites or databases, even if you have advised us of the possibilities of such damages.

We cannot be held responsible for issues or errors that arise as a result of changes/additions made to social media profiles, websites or databases by someone other than EB Creative.