Overview of Terms and Conditions

Thank you for choosing Lange Creative Lab, a division of Lange Creative Company Pty Ltd (“The Company”) (ABN 79 677 902 993). These Terms of Service (“Terms”) govern your use of our services, including, but not limiteed to, branding, digital strategy, web development, and creative media. By engaging our services, you agree to these Terms.

Definitions

“Company” means Lange Creative Company Pty Ltd, its officers, employees, contractors, and assignees.

“Client” means the individual, business, advertiser, or organisation that enters into an agreement with the Company for the provision of services.

“Agreement” means these Terms and Conditions together with any proposal, quotation, service agreement, schedule, annexure, or written variation agreed between the Company and the Client.

“Services” means all services supplied by the Company to the Client, including but not limited to branding, design, content creation, photography, videography, web development, hosting, digital strategy, marketing, social media management, consultancy, and any other creative or strategic services.

“Deliverables” means the specific materials, designs, strategies, or outputs produced by the Company for the Client in connection with the Services.

“Intellectual Property Rights” means all present and future rights in copyright, trademarks, designs, patents, moral rights, trade secrets, and any other proprietary rights recognised by law, whether registrable or not.

“Confidential Information” means any information disclosed by either party to the other that is not publicly available, including business strategies, financial information, client lists, trade secrets, and other proprietary data.

“Fees” means all amounts payable by the Client to the Company for the Services, including but not limited to service fees, deposits, retainers, expenses, campaigns, creative, placement, production, management, installation and disbursements.

“Advertising Material” means any creative, artwork, copy, or content to be used in a campaign.

“Campaign Placement” means the media channels, platforms, or advertising spaces booked by The Company on behalf of the Client.

“Final Artwork” means the final approved design by the Client with the intent to be used across all brand applications and marketing materials.

“Payment Terms” means the agreed schedule for payment of Fees, as specified in invoices, proposals, or service agreements issued by the Company.

“Minimum Term” refers to the minimum duration liable for monetary compensation under any agreement.

“Variation” means any change, amendment, or addition to the scope of Services or Deliverables, whether requested by the Client or required by circumstances, that has been accepted in writing by the Company.

“Business Day” means a day other than a Saturday, Sunday, or public holiday in the state or territory where the Company is registered.

“Force Majeure Event” means any event beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, government actions, strikes, lockouts, epidemics, or failure of suppliers.

“Termination” means the ending of the Agreement by either party in accordance with the termination provisions set out in these

Terms and Conditions.

“Stakeholder” means any individual, entity, or organisation involved in, or with a vested interest in, the project, services, or deliverables provided by the Company. This includes, but is not limited to, the Client, third-party collaborators, partners, contractors, or any other party whose actions, approvals, or contributions may affect the delivery, execution, or outcome of the Services.

Client Responsibilities and Liability

Content Accuracy: The Company assumes that all content provided by the Client has been proofed and approved before distribution.

Timely Payment: Services, deliverables and other activities may be suspended if payment is not received by the invoice due date.

Project Materials: Clients are expected to provide necessary materials, such as corporate branding and logos, in suitable formats to avoid project delays.

The Client agrees to provide timely feedback, approvals, and any required assets to ensure the project remains on schedule. Any delays in the provision of such materials may result in adjustments to the project timeline and are not at the fault of the Company.

Service Fees and Payment Terms

Standard Fees: Changes to approved artwork incur a fee of $150.00 per hour (ex. GST), with quotes provided beforehand in most cases.

Artwork Release Fee: A fee of 50% of the original project value applies if the Client requests working files before project completion.

Late Payment Policy: Invoices must be paid by the due date on the invoice. Delayed payments may incur a 10% late fee per day overdue, up to a maximum of 100%.

Familiar of payment: The Company reserve the right to utilise Debt Collection Agencies to recoup outstanding amounts. Debt collection fees are the client’s responsibility once engaged.

Non-Refundable Initial Payments: All projects require a non-refundable initial payment of 50% over $1000 (ex GST) or 100% for projects under $1000.. No refunds are provided for completed work beyond this payment.

Modifications: Any changes to the Services must be agreed upon in writing by both parties.

Intellectual Property and Copyright

Ownership of Artwork: Copyright to completed artwork remains with the Company until final payment is received, after which clients receive a license for usage as outlined in the project agreement. Working files and source files remain the intellectual property of the Company unless otherwise agreed.

The Client will own the final deliverables upon full payment, including all rights to use, modify, and reproduce the work for any purpose.

The Company retains ownership of all preliminary work, drafts, source files, RAW files, and concepts created during the project unless specifically included in the final deliverables.

The Company retains the right to use the project deliverables in their portfolio, marketing, online presence and for self-promotion.

Website Accreditation: Our websites include an accreditation link unless otherwise agreed. Removal incurs a fee of $500 (inc. GST) annually if hosted on our server and network without.

Any trademarks and copyrights related to the design shall be transferred to the Client upon project completion.

The Client warrants that any materials or intellectual property supplied to The Company for use in any project (e.g., logos, images, text) are owned by the Client or licensed for use.

Fonts: Fonts used in designs are outlined or rasterized. Clients must legally acquire commercial fonts independently or The Company can purchase it on behalf of the client at the cost of the license. Purchasing the rights or license directly allows the client to utilise exclusively otherwise The Company reserves the right to utilise it within the scope of our business.

Ownership: All intellectual property developed by the Agency during the provision of Services shall remain the property of the Agency until the Client has fulfilled all payment obligations under this Agreement.

License: Upon full payment, the Agency grants the Client a non-exclusive, non-transferable license to use the deliverables for their intended purpose.

Artwork & Design Terms

The Company will provide the Client with drafts or concepts for approval. The Client is entitled to two (2) revisions per project, or as outlined in the project proposal. Additional revisions outside the agreed scope may be subject to further charges. Approval of Deliverables constitutes acceptance and finalisation of the work.

The Client warrants that any materials or intellectual property supplied to The Company for use in any project under this service (e.g., logos, images, text) are owned by the Client or licensed for use.

Any trademarks and copyrights related to the artwork and designs shall be transferred to the Client upon project completion via receipt of final deliverables in exchange of final payment to the Company.

The Client will own the final deliverables upon full payment, including all rights to use, modify, and reproduce the work for any purpose.

The Company retains ownership of all preliminary work, drafts, source files, RAW files, and concepts created during the project unless specifically included in the final deliverables. The Company reserves the right to charge the Client up to 100% of the original project value additionally to release these assets.

The Company retains the right to use the project deliverables in their portfolio, marketing, online presence and for self-promotion.

Web Development & Hosting Terms

Hosting Terms: Clients are bound by our Web Hosting and/or Email Hosting Agreement, which covers acceptable use, payment obligations, client liability, and termination terms.

Final Payment for Launch: Websites and online marketing materials are only made live upon final payment.

Electronic Commerce Compliance: Clients are responsible for ensuring compliance with all electronic commerce laws, holding the Company harmless for any related claims.

By proceeding with any web development, software licensing, or digital service provided by the Company, the client acknowledges and agrees that:

Access Permissions:

Full administrative access to the client’s website hosting environment (including cPanel, CMS admin, FTP/SFTP, and/or domain registrar as required) must be granted to the Company prior to the commencement of any services.

Two-Factor Authentication (2FA): The Client must enable 2FA on all relevant accounts. The Company shall not be liable for any breaches resulting from the Client’s failure to implement adequate security measures.

Software Installation & Updates:

Our services may require the installation of third-party or custom software. This includes, but is not limited to, CMS platforms, plugins, themes, security patches, and integrations. Permission to install and maintain such software must be granted before the sale is finalised.

Ongoing Maintenance:

To ensure performance, security, and compatibility, we provide regular updates and maintenance to installed software. Continued access is necessary to perform these updates. Clients acknowledge that failure to provide or maintain such access may limit or void service delivery, functionality, or support obligations.

No services will commence until all necessary permissions and accesses have been confirmed in writing by the client.

Digital Marketing Terms

Ad Spend: The Client is solely responsible for all advertising spend on platforms such as Google Ads and Meta Ads. The Agency shall not be liable for any costs associated with ad spend.

Special Campaigns: For special campaigns or promotions, fees are payable monthly in advance as specified in the Statement of Work.

Account Access: The Client shall provide the Company with necessary access to relevant accounts to perform the Services.

Two-Factor Authentication (2FA): The Client must enable 2FA on all relevant accounts. The Company shall not be liable for any breaches resulting from the Client’s failure to implement adequate security measures.

Third-Party Access: The Agency will not perform work on any account that is concurrently accessed by another agency or third party, to mitigate risks of sabotage or security issues.

Advertising Terms

The Company agrees to provide advertising on behalf of the Client and related services where set out your agreement.

Any variation to campaigns must be agreed in writing by both parties.

The Client must supply all required content (logos, images, copy, brand guidelines) to the Company to execute campaigns on your behalf, unless otherwise provided or retained by the Company to execute.

The Company will provide proofs for the Client to approve prior to final production, schedule or placement.

Approval of Final Artwork is the Client’s responsibility unless otherwise disclosed. Once approved, the Company will not be liable for errors, omissions, or legal issues within the content.

The Client indemnifies the Company against any claims, fines, penalties, or losses arising from the content or publication of Advertising Material.

The Company will use reasonable efforts to secure placements as agreed in writing with the third party providing the service on behalf of the Client.

Placement may be subject to third-party platform approval (e.g. Meta, Google, Out-of-Home Media publishers). If placement is refused, the Company will advise the Client and seek alternatives or negotiate within reasonable efforts to secure placement at a later date.

The Company does not guarantee audience reach, impressions, or engagement outcomes unless expressly stated in writing.

Confidentiality

Confidential Information refers to any data and/or information obtained in our business in any form, including but not limited to oral or written. Such Confidential Information includes, but is not limited to, any information related to the business or industry of the Client, such as discoveries, processes, techniques, business processes, programs, knowledge bases, customer lists, intellectual property, potential customers, business partners, affiliated partners, leads, know-how, or any other products and/or services.

The Company agrees to maintain confidentiality regarding all non-public information and to use such information solely for the purpose of providing services, except where disclosure is required by law. The Company agrees to uphold information as confidential and not disclose them to third parties without written consent, unless legally required.

The Company keeps all project-related information and materials confidential, including but not limited to any proprietary information, creative concepts, and client data.

The Company agrees not to disclose, copy, clone, or modify any confidential information and agrees not to use any such information without obtaining written consent from any required parties.

Exceptions: Confidential information does not include information that is publicly available or was known prior to disclosure.

Cancellations

If the client requests a pause in projects, the requestee, excluding The Company, shall be responsible for a non-refundable or transferable pause fee of $100 per week from the pause date and must provide 7 days notice prior to the pause date and may be responsible for a non-refundable or transferable cancellation fee due immediately.

Cancellation fees may be a fixed sum or a portion of the total cost at the Client. This decision is at the discretion of The Company.

Liability Release

Stakeholders hereby release and discharge the Company, its officers, directors, employees, and agents, from any and all claims, demands, damages, actions, or causes of action arising out of or in connection with the Company’s use of our external property.

Both parties agree to indemnify and hold the other harmless from any and all losses, liabilities, damages, or expenses (including attorney’s fees) incurred as a result of either Parties’ use of the other’s property or premise.

The Client agrees to indemnify and hold The Company harmless from any claims of intellectual property infringement arising from materials provided by the Client.

The Company shall not be held liable for any indirect, special, or consequential damages arising from the use or misuse of the project deliverables. The Client assumes full responsibility for how the deliverables are used after project completion.

The Agency’s liability under this Agreement is limited to the amount of fees paid by the Client in the 3 months preceding the event giving rise to the liability.

Warranties and Disclaimers

Project Timelines: We aim to meet timelines as agreed; however, delays may occur if required client materials are not provided on time.

Service Availability: The Company does not guarantee uninterrupted service. We are not liable for any interruptions or issues arising from external providers or unforeseeable events.

Limitation of Liability: Our liability for any claims related to services provided is limited to the amount paid by the client for the particular service in question.

Third-Party Content and Subcontracting

Warranty on Content: Clients warrant ownership or permission to use any content provided for inclusion in artwork or web pages, indemnifying The Company against claims of infringement.

Subcontracting Rights: We reserve the right to assign subcontractors to help fulfill project requirements and adhere to deadlines where and if required.

Legal Disclaimer

The Company disclaims liability for any interruptions or issues arising from web performance or third-party hosting and internet services. Clients are responsible for compliance with electronic commerce laws, indemnifying The Company for any related claims.

Changes to Terms

The Company reserves the right to modify these Terms at any time. Any changes will be posted on our website, and continued use of our services signifies acceptance of the revised Terms.

Contact Information

For questions or concerns regarding these Terms, please contact us:

Lange Creative Company Pty Ltd

Suite 1680, 17 Gould Rd, Herston QLD 4006

Email: [email protected]

By engaging with Lange Creative Company Pty Ltd's services via any channel, whether monetary or not, you agree to abide by these Terms.