1.1. Ideaology Pty Ltd (Remember Creative) respects the right to privacy and is committed to safeguarding the privacy of its customers and website visitors. Remember Creative adheres to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how it collects and treats personal information.
1.2. “Personal information” is information Remember Creative holds which is identifiable as being about its customers and website visitors (Customer).
- Collection of personal information
2.1. Remember Creative will, from time to time, receive and store personal information a Customer enters onto the website, provided to Remember Creative directly or given to Remember Creative in other forms.
2.2. A Customer may provide basic information such as their name, phone number, address and email address to enable Remember Creative to send information, provide updates and process their booking, product or other service order. Remember Creative may collect additional information at other times, including but not limited to, when a Customer books a holiday or accommodation with Remember Creative, provides feedback, when a Customer provides information about their personal or business affairs, change their content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with Remember Creative’s customer support.
2.3. Additionally, Remember Creative may also collect any other information provided by the Customer while interacting with it.
- How personal information is collected
- Use of personal information
4.1. Remember Creative may use personal information collected from a Customer to provide them with information, updates and services. It may also make them aware of new and additional products, services and opportunities available. It may use personal information of a Customer to improve products and services and better understand Customer needs.
4.2. Remember Creative may contact Customers by a variety of measures including, but not limited to telephone, email, SMS or mail.
- Disclosure of personal information
5.1 Remember Creative may disclose a Customer’s personal information to any of its employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of services.
5.2 Remember Creative may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3 Remember Creative may also use personal information to protect the copyright, trademarks, legal rights, property or safety of Remember Creative, its customers or third parties.
5.4 Information that Remember Creative collects may from time to time be stored, processed in or transferred between parties located in any country outside of Australia or New Zealand.
5.5 If there is a change of control in our business or a sale or transfer of business assets, Remember Creative reserves the right to transfer to the extent permissible at law its user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. Remember Creative would seek to only disclose information in good faith and where required by any of the above circumstances.
- Security of personal information
6.1 Remember Creative is committed to ensuring that the information provided to it is secure. In order to prevent unauthorised access or disclosure, it has put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
- Access to personal information
7.1 A Customer may request details of personal information that Remember Creative hold about them in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If a Customer would like a copy of the information which Remember Creative holds, believe that any information it holds is inaccurate, out of date, incomplete, irrelevant or misleading, a Customer can email firstname.lastname@example.org.
7.2 Remember Creative reserves the right to refuse to provide a Customer with information that it holds about them, in certain circumstances set out in the Privacy Act.
- Complaints about privacy
8.1. If a Customer has any complaints about Remember Creative’s privacy practices, they can send in details to the Managing Director, Michael@remembercreative.com
Remember Creative takes complaints very seriously and will respond shortly after receiving written notice of any complaint.
10.1. Visiting the website.
When Customers visit the Remember Creative website (remembercreative.com) it may collect certain information including browser type, operating system and website visited immediately before coming to its site. This information is used in an aggregated manner to analyse how people use its site, such that it can improve its service.
10.4. Third party sites
The Remember Creative website may from time to time have links to other websites not owned or controlled by it. These links are meant for convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Remember Creative is not responsible for the privacy practises of other such websites and encourage its users to be aware, when they leave its website, to read the privacy statements of each and every website that collects personal identifiable information.
These are our Terms Of Service (TOS). They do change from time to time and as such your project/contract may have been signed under a previous iteration of these terms. If you would like to request a copy of the TOS, please do so using the link below:
Welcome to our Terms Of Service page.
These Terms Of Service are current as of 04 June 2016 – see our TOS archive for legacy terms of service that apply to all contracts rendered before this date click here.
Remember Creative 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 Level 2, 645 Harris Street Ultimo, NSW, 2007 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, this outlines the nature of the project and the more specific details of what we understand is required of your project 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 this document helps outline some of the additional information you need to be aware of when we are providing our services to you.
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.
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.
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.
It is alos important to note that our resources are booked as per the timeline provided to you. 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 – $150+GST + we may pass on any cost related to the delay incurred by Remember Creative from the supplier.
Under this agreement, you the Client agrees to provide us with all relevant information required to complete the services inline with the timeline provided and as per this agreement
Changes In Instruction
If the work required to complete this project or the scope of work changes inline with a Client’s instructions or requirements, or if timeline is increased or protracted due to causes beyond our control, then an additional fee based on a time-charge shall be chargeable. Should any
such additional fees become, or appear likely to become, chargeable we shall promptly notify you before proceeding.
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 may be chargeable.
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 at the beginning of this contract is based on 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.
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 signing 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 fulfill 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.
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.
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.
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. 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.
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 Commonwealth Bank of Australia at the time we process your payment.
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 fulfil any outstanding payments in relation to your project. (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.
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 and may be passed on (See exclusions below).
For Digital Projects
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) 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. 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.
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.
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.
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.
The lump sum fees above includes a maximum number of client presentations either at our premises or your own and your proposal will outline what is 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. And specialists or consultants required to attend outside of our staff will have their fees directed to you after the meeting.
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 our general terms of service we agree that we will provide you, for the costs outlined, a functional product that performs the tasks for which have been indicated as per the scope of work provided in relation to the project as we understand it.
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.
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 prior to launch in writing 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.
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.
• 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
A1 Print $7.50 each A1
A3 Print $5.00 each A3
A4 Print $1.40 each A4
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. 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.
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.
Please acknowledge you have read the Terms Of Service using the form below.