Remember Creative

Welcome to our Terms Of Service page.

These Terms Of Service are current as of 01 December 2023.

Remember Creative is a wholly owned trading subsidiary of Ideaology PTY LTD – A.C.N. 63 082 014 962

We always attempt to do our best to fulfill your needs and meet your expectations. However, sometimes the projects we undertake can be very complex with many “moving parts”, so it is important we both know what’s what, who is doing what and when, not to mention what will happen if something goes wrong.

So what are “Terms Of Service” and how do they apply to you?

This is a broader contract between you and us – Remember Creative located at Unit 2A/87 Moore Street, Leichhardt NSW, 2040 and is provided under the laws of New South Wales, Australia.

This document further outlines some of the specific terms of our service and supplements any terms and conditions that may have been outlined as part of your proposal.

In that proposal, we would have outlined for you a scope of work, and outlines the nature of the project and the more specific details of what we understand is required based on your brief to us.

The costs provided to you as part of that proposal are all determined by this scope of work and it is imperative you pay close attention to the details outlined in your proposal because work that falls outside this scope will incur additional fees.

If you agree to the scope of work and the proposed fees you are accepting both the specific terms outlined within the document you were provided but also the terms outlined in this document.

Please Note: Our terms of service do change and may have changed since you engaged with us. We consider the latest terms of service as being binding and by signing the letter of engagement you acknowledge and agree to being bound by the terms of service here.

If there is a dispute in regards to changes in the Terms Of Service – you may request retrospective versions of this document at any time – you will be provided with the relevant versions of the document that were in place during your contractual engagement with us.

What do both parties agree to do?

Us: We have the experience and ability to do everything we have outlined in the proposal using either our internal resources or carefully selected supplier partners. We will conduct the work we undertake for you in a professional and timely manner and we will endeavour to meet every deadline that is set and agreed by both parties. On top of that we will maintain the confidentiality of everything you give us.

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You will endeavour to provide us everything we need to complete the project in the format in which we need it, in the timeframes outlined within the production schedule/timeline we will provide you.

That production schedule/timeline will outline additional aspects of the project including reviewing of our work, your need to provide feedback and approvals too. It also outlines key milestones and a payment schedule set out in your project and you will be expected to meet these requirements. If however, we don’t deliver as per the defined scope of work or to the timeline due to a failure in our service you have the right to deny payment until the work is complete or seek to resolve the issue by other means.

For Retainers Projects

If your “Project” falls under the definition of a retainer (a regular monthly payment) made over a contractual period of time you may within that schedule of works be required to work to and approve works ahead of the scheduled date of publication of the given content. There may also be a pre-described media or amplification budget associated with “project” on a monthly or scheduled basis throughout the “project” timeline.

If work is delayed or content not complete in-line with the agreed schedule and unless because of direct actions of Remember Creative, you may be asked to pay penalty fees for the re-scheduling of that work at a later date.

These fees will be per hour based on our regular rate of $220 plus GST.

If there are delays in scheduling content as a result of the slow delivery or approval of content from you the client the allocated media spend for the given month may be pro-rata’d to reflect the remaining time left in the given month (or applicable timeframe) before the next scheduled timeframe is to begin (Monthly as an example if your agreement is broken down into a monthly retainer).

Media costs are allocated per month (as per your agreed timeline) and do not roll over nor will they be refunded.

Documentation and procedures relating to Feedback & Amendments

You the client are paying for a service to design and or build a product that reflects your requirements. Every product unless derived from a standard off the shelf template will inevitably be different and even though our brief process is designed to get both you and us on as close to the same page as possible, there will always need to small amendments to refine the design of your product as the project progresses.

Your feedback and these amendments are a very important part of the process, hence there are certain procedures you must follow in order to provide us proper feedback and in order for us to implement it properly.

At various stages in your project and inline with your proposal (unless otherwise agreed) you will be provided with an opportunity to provide feedback to make changes to our work. The amount of changes/amendments allowed at each stage varies depending upon your project and the terms of your proposal. The rounds of included amendments should be clearly stated in your proposal.

Regardless of the method employed during your project – be it email, fax or even a communications platform/application (such as Slack or Same Page) – you will be required to either provide to us in writing the exacting requirements for your changes OR approve the scope of changes we provide in writing to you. It is vital you understand that if you fail to tell us in writing of a required amendment and it is not done or requires further amendments than additional charges may apply.

Following a round of amendments we will provide you with a checklist of the agreed changes conducted as part of the given round of amendments and the actions we took. Again we will ask you to acknowledge that the specified changes were undertaken to your satisfaction before further work is undertaken.

Client obligations

Under this agreement, you the Client agree to provide us with all relevant information required to complete the services inline with the timeline (Production Schedule) provided and as per this agreement

Production Schedule

Generally unless otherwise noted, we will provide you with a production schedule or project timeline as mentioned above. It is important that you understand that this schedule is based around your desired delivery date and the capacity of our team. As such your project is booked and scheduled into our studio and/or that of our suppliers and it is important that when agreeing to undertake the project that you acknowledge the dates proposed are designed to provide adequate time for us to produce the work but also for you to provide feedback and deliver the content required to complete the project.

If the project is underway and it is placed on hold by you for a period beyond 21 days and re-started, a re-start fee of $500 ex GST will apply. After 72 hours (3 working days) beyond the indicated timeline your project will be placed on hold.

If we are working with external parties or have reserved or booked locations, resources or a timeline critical action, you may be requested to pay fees reflecting the losses for altering the timeline. If we must change the time your work will be undertaken in a way that affects the timeline you shall be notified in writing and the timeline adjusted accordingly. If however you fail to provide content, approval or materials required for work to be undertaken as per the timeline a rescheduling fees may apply. The fees related to this are as follows

• Reschedule fee for Internal Resources – $250+GST
• Reschedule fees for external resources – $250+GST + we may pass on any cost related to the delay incurred by Remember Creative from the supplier.

Changes In Instruction

If during your project – the work required to complete it or you request us to either estimate and/or execute works that are not outlined in the scope or if timeline is increased or protracted due to causes beyond our control as a result of decisions or actions of you’re the client, then an additional fees based on a time-charge at our regular rates shall be chargeable.

Should any such additional fees be required these shall be taken up by the contingency that we require for all projects we undertake. The Client must provide approval of the documents upon satisfactory completion of each of the stages of the services prior to proceeding to the next stage.

If further changes are required beyond those provided for as part of the included rounds of amendments – than an additional fee will be charged inline with the time required to complete the task. Again these costs will utilise the allocated Contingency/miscellaneous funds and these costs will appear on your final invoice.

Contingency

Every project we undertake requires you the client to agree to a contingency. A contingency is a dollar amount we set aside in addition to your budget. While we do our very best to provide you with a complete scope for your project we know from that sometimes there are small changes or unexpected or unforeseen issues that are only revealed during the natural coarse of the project that will require additional head hours but do not constitute a full re-estimation of your project. Unless otherwise stated in your contract our minimum contingency included for any project is $5000 plus GST. Items that are counted towards the contingency will be identified on your next bill and itemised. You may or may not be made aware of tasks that draw on the contingency. If the costs will be greater than the Contingency associated with your project we shall promptly notify you before proceeding.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We do not want to limit your ability to change your mind. The price provided as part of your Letter Of Engagement reflects the the scope of work provided and length of time we estimate we will need to accomplish it.

However, we want to be flexible. If you want to change your mind or add anything new, that will not be a problem as we will provide a separate estimate for that. Such charges shall be in addition to all other amounts payable under the signed proposal and this will negate any maximum budget, contract price or final price identified previously. The timeline may be affected by these changes and work shall not begin on the revised services until a fully signed revised proposal and, if required, any additional retainer fees are received. Estimations related to an active project are billable either as additional head hours or will be taken from your contingency regardless of if you proceed with the proposed additional works.

Dispute Resolution and/or The Termination Of The Services

Under this agreement, both parties agree to submit any dispute or difference in any matter arising from this agreement in writing.

If a suitable outcome cannot be resolved within five working days of the notice, the matter will be sent to mediation. Should the dispute be unresolved by mediation, a notice of termination may be issued by either party.

We require and you agree to sign a cessation document that will outline the specific details of the project, the dispute and the agreed cessation of the contract. Both parties agree to undertake the preparation of these documents and any associated legal advice required to fulfil them at their own cost.

Our fee structure is such, that should the notice of termination occur between completed stages – you the client forfeit all fees paid up until the point of cessation. If there are additional fees outstanding that have been advise prior to the notification of termination the client also agrees that they will be liable for them and shall pay them in full.

If a project is incomplete it is implicit that regardless of where the project ends, by not completing the project the license provided by Remember Creative in relation to the projects IP shall not be valid. Thus all copyright and IP remains the property of Remember Creative.

All materials provided by the client shall be returned, where possible, within two weeks of the official cessation of the project.

Invoicing

Our services on the project will be invoiced as per the agreed project milestones or as specified, extensive delays in providing feedback and or failing to review or sign off work without written notification of dispute may mean payments are invoiced prior to sign off being received and you agree to pay those fee’s. As such our fees are based on the process proceeding in a continuous operation, and are not conditional on obtaining authority approvals.

Standard Payments

Our payment terms are strictly fourteen days from the date of invoice. However, depending on the nature of the project, the timeline this may change. You may request differing terms at the time of proceeding with you project and these terms will be added specifically to your contract. Otherwise it is implicit that you will pay within the 14 days as stipulated.

We reserve the right to hold back access to work if payment has not been finalised in accordance with these terms.

Scheduled or Progress Payments

Progress or staggered payments which may have formed part of your project timeline are required within 48hrs of the date of issue and work will not progress until payment is received, typically the approximate date of these payments will form part of your proposal document or be noted within your project timeline.

Reminder Notices & Fees

Your first reminder notice will be applied after 14 days (or on the agreed timing stated in your Letter of Engagement). Effective 01 Jan 2016 – a re-issue fee of $165 incl GST is charged for each invoice issued after your first reminder. Invoices will generated and issue fees applied every 14 days until payment is settled.

The application of fees is done in accordance with the ASIC guidelines and by accepting our terms of service you accept your responsibility to pay the fees and shall be held liable for them until they are paid in full.

Payment Methods

Payments are to be made by direct debit or by Credit Card (We only accept Visa & Mastercard) and a 1.65%* payment charge is applicable for credit card transactions. It is important to note that this fee is subject to change without notice based on current rate of Credit Card processing by the payment platform we employ at the time we process your payment.

*Subject to change is inline with the platforms fee structure

Termination or Cancellation Payments

The changing nature of your business may mean your project may be delayed or even cancelled. We understand that this can happen. However, these Terms of Service bind you to fulfill any outstanding payments in relation to your project (Unless otherwise agreed in writing. See also Dispute Resolution)

Provision of Copy Content

We are only responsible for the copy content we have agreed to provide as per the scope of work. You will be responsible for all additional copy content in line with your chosen content delivery option and are responsible for delivering the copy content as per your project timeline. You are also responsible to proof and authorize the use of all copy content. Remember Creative will not be held responsible for information that is in accurate in anyway.

Provision of Imagery

You should supply graphic files in an editable, vector digital format and you should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can but image searching is charged additionally to our proposed fees (unless otherwise agreed).

Site Development

If you are undertaking a website of digital application project – depending on the project, we provide details around the technical scope of the project, the web standards and/or platforms used. For larger projects this will be delivered in the form of a functional and technical specification document (your proposal will outline if this documentation is required for your project and the costs for delivering it) or we will advise you in writing of our basic approach.

Browser testing and compatibility (where required)

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

However with almost infinite browser and device options now available we must limit our testing to a range of contemporary desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), as well as Mozilla (Firefox). We will not test in older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

On Desktop we generally test for the latest versions of Mac OS and Microsoft Windows and standard screen resolutions. If you have specific testing requirements for older or alternate operating systems, we can provide a separate estimate for that.

We also test for latest tablet and mobile across popular small-screen devices to ensure that a person’s experience of a design is appropriate to the capabilities of the device they are using. This testing is generally limited to the latest version of iOS and Android : Safari, Google Chrome and Firefox. We currently do not test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers unless specifically requested and additional fees may apply. If so, we can provide a separate estimate for that.

For EDM’s we generally test across the latest versions most major email clients including Gmail, Outlook, Yahoo Mail as well as mobile clients for iOS and Android.

We may not be able to produce the same experience across all devices. So we aim to achieve the best result possible across the broadest range of current platforms. and it is also important to be aware that screen quality, resolution as well as hardware variations can have a dramatic impact on how your project/product may work. We generally test for the average user but results may vary.

Technical support

We will provide free support in line with our (30 day) warranty, however, beyond that we do not include ongoing technical support. We are not a hosting company but we can organise hosting and domain name registration for you. However, we do not offer support for these services, email or any other services relating to domain maintenance or hosting (including, but not limited to, setting up your site on a server, plus any statistics software such as Google Analytics). On your behalf, we can request support from the given supplier but to do so we will provide a separate estimate for that service/time.

Domain or server requirements or software/platform updates for third party software such as wordpress (which may have been used in the development of your site) or changes to web standards across desktop or mobile devices may also dictate on going maintenance to your site. These updates are not included in our estimates. We highly recommend you discuss one of our maintenance plans to ensure the continuity of your website.

Warranty

We provide a limited warranty with all our digital products, for a period of 30 days. The warranty comes into effect upon delivery of the product. Note this can be distinctly different from the LIVE date depending on a range of parameters. But if you have been handed full access to the site/app or the site/app has been put LIVE – your warranty is in effect.

For digital services our warranty comes immediately following deployment to the live server, or in the case where deployment to the live server has not been authorised but no written advice has been provided for functional errors with the site – the warranty comes into effect 10 days after deployment to the testing server, where by the website/software will be covered for 30 days providing you assurance that it meets its functional specifications.

While the testing period (on staging) is designed to ensure that the site is functional before it goes live, in the event that there is an issue after the site is launched, the warranty covers any bugs (programming errors specific to the functionality of the product but NOT associated or caused by faults generated by any third party component hardware or or software) reported to Remember Creative within the 30 days of deployment. Any bugs reported within this time period will be fixed at no additional charge.

The warranty is limited to the core functionalities and features of the product – that have gone through the system-testing phase. Any ad-hoc, micro-improvements made outside the scope of the project specification and/or by a third party may incur additional charges.

Typically your site or product can be serviced or maintained by most developers familiar with the platform used. It is important to note however that any bugs related to 3rd party servers, database systems plug-ins or software (including version changes – including open source CMS such as WordPress, Adobe Business Catalyst or software including Java or Adobe Muse. Changes to operating systems such as, but not limited to, Apple iOS or Googe Android) are not covered by this warranty.

Issues caused due to server limitations or changes made post implementation by a 3rd party are not covered by the warranty and the right to this warranty is forfeited if the site or the codes are accessed by any third party company for whatever reasons (This includes implementation by a 3rd Party) before or after the warranty period without our written approval.

Changes we have been employed to undertake to any systems developed primarily by a 3rd party are also not covered.

The warranty cannot be extended.

Travel

The lump sum fees include a an initial meeting either at our premises or your own and your proposal will outline what additional meetings, sessions or presentations are included in your particular project. Any meetings required beyond those provided for in your proposal will be charged at the hourly rate related to each staff member in attendance. Any specialists or consultants required to attend outside of our staff will have their fees directed to you after the meeting. These additional fees may be take from your contingency or charged separately at our discretion.

Legal stuff

The Internet is a very fluid “environment”; it is not like more traditional communications technologies like print. Web based technology changes rapidly and web standards do also. We can not guarantee that our work will function on all platforms or be error-free and so we can not be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them.

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

Be aware if you have signed the estimate you are agreeing to these general terms of service, and we agree that we will provide you, for the costs outlined on your Letter Of Engagement (LOE) , a functional product/service that performs the tasks for which have been indicated as per the scope of work (LOE) provided in relation to the project as we understand it.

If you fail to pay – you will be subject to additional fees associated with obtaining payment. This includes but is not limited to costs for administration by our team (internal costs) as outlined above for re-submission of invoices or in the case that your debt is passed onto a third party or we require legal intervention, you agree to being held solely liable for all associated costs to obtain the outstanding payment(s) from you.

Consultants & Third Parties

Under this agreement, we may engage specialist consultants or third party suppliers to complete your project. We may or may not disclose their use. The work they produce or undertake on our behalf will be covered by our warranty (unless otherwise specified) and we will not charge additionally for their engagement.

However, where we have to co-ordinate with consultants engaged by you – the client, we accept no responsibility for the services provided by them and may charge additionally for the provision services to them requested by you or by them on your authority if the scope of this work was not specifically noted as part of you proposal.

Copyright

First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. Remember Creative licenses the client to use the design, the license applies only to the project for which this design was prepared, and for the purpose noted in the proposal. As such we will own the unique combination of elements that constitutes a complete design and we will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise and this license will be valid when your final payment has cleared. This includes the visual elements that we create for this project and also any technology/software we developed for your project. We will give you source files if requested (but fees may apply to provide them. These fees could relate to the compilation of documents, files or the storage and transportation of materials). If your project has been archived (typically all projects are archived 3 months after their completion additional charges may apply for accessing these files. We recommend you request copies of all files and provide no guarantee long term access to them should they be lost or damaged post the three month period following completion of your project.

Public Display of Affection

We love to show off our work and share what we have learned with other people, so we reserve the right, without your permission (unless agreed upon as part of your letter of engagement that the project cannot be shared in this way) to display and link to your project as part of, but not limited to, our portfolio, public presentation, showreel or award entry. We may also link to our site from your project so that people can find us.

Please note: If you choose not to use/publish/display work we have supplied, that is your your choice, however, this will be treated “As Supplied” and reflects “completed works” as per the agreed scope of works. As such you are agreeing – that unless we (Remember Creative) are supplied with a written request prior to, or at the time of our final submission that identifies a request for additional (Agreed) changes or stipulates an (Agreed) date where by we will not publish/display the works – we can display this work 6 months from the final submission date in perpetuity and without recourse as well as showcasing the names of personal (involved in the project) and your brand name without further consent.

Expenses.

You shall pay for any expenses incurred in connection with this Agreement as follows: incidental and out-of- pocket expenses including but not limited to costs any postage, shipping, overnight courier, presentation materials, photocopies, transport, parking fees and tolls (excluding fines), and taxis.

Important Exclusions

• Our fee proposal excludes the costs following:
• Fees to Authorities
• Engagement of consultants
• Image searches (unless specified as being included)
• Estimating cost of additional works (as an example as part of the project you may require an additional round of amendments to quoted but never proceed with these works. The time involved in this cost estimation as part of an active project is excluded and shall be billed as an addition to the existing project scope)
• Advice on specialty services such as IT, hosting or external or 3rd Party integration.
• Legal fees associated with the production of your project, should that be required.

Printing (Not Printing Services)

It is assumed that drawings or presentation documents shall be provided to the client and other stakeholders electronically. This may occur by email, ftp server or other digital means. In addition to this you may request a hard copy for your records and printing is provided at a the rates below:

Black and White Printing

A1 Print $4.50 each A1

A3 print $2.00 each A3

A4 print $0.60 each A4

Colour Printing

A1 Print $7.50 each A1

A3 Print $5.00 each A3

A4 Print $1.40 each A4

Data Handover

Your may request your data and or working files (this may include working files, artwork, video, audio etc) related to your project (LOE) upon the projects completion.

$220/hr Plus GST plus the cost of an associated hardware to facilitate the handover (This may include but is not limited to hard drives or cloud transfer services, couriers etc)

Additional Fees & Charges

It is important you are aware we do charge fees that sit outside your proposed cost estimation.

Once your project begins and you have accepted the proposal (Letter Of Engagement). We will issue you with a contract and initial invoice. This will be inclusive of the proposed costs associated with stage one of your project as well as a $150 ex GST project establishment fee.

Please note: this fee may not be reflected on your cost estimate or Letter Of Engagement.

Finally

You can not transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed.

Although the language in this document is simple, the intentions are serious and this contract is a legal document that binds both parties. We would like to thank you for choosing Remember Creative, we are so happy to be working with you & your team on this project and if you have any further questions please do not hesitate to ask.

From time to time we update our terms of service. If we do, the terms of serve that were in place when you signed your contract will apply and we can supply you with a copy upon request.

Otherwise and without further adieu…. we are ready to go.