These Terms & Conditions described below are between Cre8ive Marketing Ltd (“Cre8ive”) and the client (“client”) for the provision of marketing training and consultancy services.
The client acknowledges that it has read, understood and agreed to these Terms & Conditions, and agrees to be bound by them. Any engagement of Cre8ive services shall constitute acceptance of the Terms and Conditions by the client. Should more than one client engage Cre8ive for the same services the clients shall be jointly and severally bound by it.
The client is of the opinion that Cre8ive has the necessary qualifications, experience and abilities to provide services to the client.
Cre8ive is agreeable to providing such services to the client according to these Terms and Conditions.
Cre8ive may change these Terms & Conditions, by giving the client.
INVOICING AND PAYMENT
Invoices will be sent by email to the email address notified by the client. The client must notify Cre8ive immediately of any change of email address.
Attendance to any training event conducted by Cre8ive is subject to all outstanding funds being cleared prior to the course delivery date.
Payment of all invoices must be made in full on or before the 20th day of the month following invoice date unless otherwise stated in Cre8ive’s invoice to the client.
Invoices not paid by due date may be charged interest at 10% p.a. calculated daily on the amount outstanding.
If payment of the invoice is outstanding for 60 days from due date, a collection agency will be sought by Cre8ive to collect monies owing by the client. Interest at 10% p.a, calculated daily on the amount outstanding, collection agency charges and legal costs will be added to the invoice amount owing by the client. In addition to the costs of recovery, the client must pay interest at 10% on the amount outstanding from the due date until payment in full and such interest shall continue to be payable notwithstanding any judgment obtained by Cre8ive against the client.
Unless otherwise stated, all charges and other amounts payable are exclusive of GST.
If the client believes Cre8ive has made an invoicing error, the client must notify Cre8ive in writing within 7 days from the date of receipt of the invoice, otherwise the invoice shall be deemed to have been accepted by the client. The client shall remain liable to make payment of an undisputed portions of an invoice.
Work to be carried out by Cre8ive may be detailed in an estimate. Any alterations or additions requested by the client following the estimate may be accepted at the discretion of Cre8ive. Estimates are based upon the information provided by the client. Cre8ive reserves the right to amend the estimate, deliverables and/or timetable if any alterations or additions requested by the client occur to the original specifications. Cre8ive reserves the right to charge in addition to the estimate: extra production, time and expenses, equipment hire charges or extra media expenses when the original estimate has been exceeded due to the project extending or changes by the client.
Cre8ive also reserves the right to adjust the rates of the project and include in its final invoice extra costs incurred by Cre8ive because of interruptions, delays, overtime, unusual hours or errors by the client or any third party.
COURSE DATE / TIME CHANGES OR COURSE CANCELLATIONS
Course dates, times, venues, learning content and presenters are occasionally subject to change. Should these change, Cre8ive will make every reasonable effort to inform the client prior to the programme commencement. If Cre8ive does not have the required minimum number to run a particular course, the course may be postponed or cancelled and Cre8ive will provide as much notice as practicable.
Substitution of participants from the client is allowed at any stage at no added cost. The client must notify substitution of participants prior to commencement of the course if possible.
If the client gives Cre8ive notice by email at least 10 working days’ prior to the course commencement date of non-attendance it will be entitled to a full refund.
If the client gives Cre8ive notice by email at least 4 working days’ prior to the course commencement date of non-attendance it will be entitled to a refund, less a 20% administration fee.
If the client transfers to another course the administration fee is not charged. If the client fails to give notice by email at least 4 working days prior to the course commencement of non-attendance it will not be eligible for a refund and will be invoiced accordingly.
Cre8ive will make every reasonable effort to ensure that the allocated course will take place on the relevant date, time and location originally specified in the booking confirmation. Where this is not possible, Cre8ive reserves the right to change the date, time and location. Cre8ive will give the client notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the client the right to terminate.
INTELLECTUAL PROPERTY RIGHTS
All ideas, concepts, materials, content of programme, technical information, trade secrets, know-how, designs, copyright material, information and any other intellectual property whatsoever owned or used by Cre8ive in connection with the training, programmes, courses and/or services which Cre8ive provides to the client or any other person or organisation remain Cre8ive’s sole and exclusive property.
The client will not, and will not permit anyone else, to use, copy or alter any of Cre8ive’s intellectual property unless the client obtains Cre8ive’s prior written consent. The client will promptly notify Cre8ive of any infringement of the intellectual property. The client acknowledges that all intellectual property used by Cre8ive in connection with the training, programmes and/or services, which Cre8ive provides to the client is confidential.
All phone calls, correspondence and documents arising between Cre8ive and the client will be treated as confidential, unless consent by email has been granted by both parties.
Save as required by law, or to obtain advice from an accountant or lawyer, Cre8ive and the client shall not disclose any confidential information which either party obtained during or arising out of the course of the contract between them to anyone (except the client’s employees on an as need basis).
Services supplied by Cre8ive shall be provided without any express or implied guarantees or warranties as to their accuracy, completeness, reliability or suitability.
To extent permitted by law, Cre8ive, its directors and employees hereby expressly exclude all conditions, warranties and other terms, which might otherwise be implied by statute, common law or equity.
The client acknowledges that Cre8ive, its directors and employees shall have no liability for any direct, indirect or consequential loss or damage incurred by the client or any end user in connection with services supplied by Cre8ive, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits, loss of anticipated savings, loss of data, loss of goodwill, wasted management, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Notices by Cre8ive may be given by email to the email address notified by the client.
Notices by the client must be emailed to email@example.com
Emails sent by one party to the other party shall be deemed to have been received when sent.
Cre8ive shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including but not limited to, acts of God, governmental actions, labour difficulty, war or national emergency, terrorism, fire, explosion, flood, pandemics, an act or omission of a third party, inability to obtain any materials, equipment, facilities or services, failure of performance provided by others, internet interruption or virus, breakdown software, hardware or communication network.
The client shall not, during the duration of any service supplied by Cre8ive and for a period of one year thereafter, hire, engage, solicit, employ or contract the services of any of the employees or contractors of Cre8ive or others involved in the provision of such service.
Cre8ive can use the client’s logos or testimonials for promotional purposes on its website, social media channels, company profile and other places once the service has been completed.
If any of the provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part they shall be deemed as severed and all other provisions will continue to be valid and enforceable.
The waiver by either party of a breach, default, delay, or omission of any provision under these Terms and Conditions by the other party will not be construed as a waiver of any subsequent breach, default, delay, or omission of the same or any other provision.
If the client is a company or other incorporated body and if requested by Cre8ive it will nominate a person satisfactory to Cre8ive to act as guarantor and enter into a deed of guarantee for the due performance of all of its obligations under the contract with Cre8ive.