TERMS
1. Disclaimer
1.1 Branding, Graphic and website design and business and marketing strategy development are highly creative and subjective processes.
1.2 Endure Collective takes every possible care with professional advice offered and any suggested creative concepts and their implementation; however, Endure Collective cannot be held responsible for variations between expectations and outcomes.
Earnings Disclaimer
1.3 Endure Collective cannot and does not make any guarantees about your ability to get results or earn any money from designs, templates, tools, ideas, information or strategies provided.
1.4 You acknowledge that there is an inherent risk in any business enterprise or activity. There is no guarantee that you will earn any money as a result of your engagement with Endure Collectives services.
2. Copyright
2.1 Under the Australian Copyright Act (1968), 'licensing of copyright is subject to a mutual agreement made between client and designer'.
Therefore, copyright will remain the property of Endure Collective until an agreement for the transfer of copyright is in place.
2.2 Endure Collective retains full ownership of design concepts and materials produced by Endure Collective.
2.3 Only finished art files suitable for reproduction will be supplied to the Client.
2.4 Raw/working/source files remain the property of Endure Collective unless otherwise negotiated.
2.5 'Finished artwork' is defined in the proposal/quotation and depends on the scope of work.
2.6 Raw/working/source files are defined as the files used to create the finished artwork and/or directly editable files unless otherwise specified.
2.7 Once a concept is approved, finished artwork is delivered to a client, and full payment is received, the agreed ownership rights to the completed artwork transfer to the Client.
2.8 Unused concepts remain the property of Endure Collective. They include design proposals and ideas submitted but not approved for the work outlined.
2.9 Until final payment, Endure Collective retains ownership of all artwork and website architecture.
2.10 Endure Collective reserves the rights to certain elements used to create your images, including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
2.11 Endure Collective reserves the right to use stock images in the creation of designs if required.
2.12 Costs will be outlined to the Client before purchase if not included in the proposal quote.
2.13 Other than for the promotional use of Endure Collective, all services provided shall be for the exclusive use of the Client's business purposes only.
2.14 Designs may not be used for other promotional items, website or printed materials without permission. For additional usage, the fee will be assessed and quoted as required.
2.15 Endure Collective reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions to promote Endure Collective in print or digital media portfolios, social media and blogs, except where the Client has specifically requested in writing otherwise.
2.16 You guarantee you own any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Endure Collective for inclusion in a
design project or that you have received permission from the rightful owner(s) to use each of the elements.
3. Confidentiality
3.1 Endure Collective is committed to protecting your privacy.
3.2 All information (written or verbal) the Client shares with Endure Collective, and vice-versa, as part of this relationship, is to be kept confidential unless disclosure is required for staff, external parties or sub-contractors to fulfil services as part of this Agreement or if required by law through court order or subpoena.
3.3 This Agreement may not be transferred or disclosed to any third-party Information shared via third-party applications
3.4 Endure Collective will do its best to maintain security and confidentiality of all information shared; however, Endure Collective takes no responsibility for the security of information shared via third-party applications such as email providers or social media platforms that may be accessible to third parties.
3.5 Endure Collective agrees to keep details of all sessions, strategies and plans, content, ideas, passwords, logins, client information, and associated data that is shared for purposes required to complete the contracted services confidential during and after the period of this Agreement.
3.6 Endure Collective may share the nature of the calls or services with another professional to seek advice or guidance on how to best be of service.
3.7 If calls are being recorded, Endure Collective will inform the Client of this fact. The recordings will not be made public in any way at any time.
4. Works & completion
4.1 Endure Collective agrees to complete work outlined in the Client Proposal/Quote
under this Agreement, on dates agreed to, subject to the Client's amendments, for the fee agreed to and paid by the Client.
4.2 Deadlines are agreed upon before the commencement of a project.
4.3 The Client must provide instructions of sufficient detail to define the Client's requirements adequately.
4.4 Where the Client fails to provide instructions to Endure Collective on time and prevents or otherwise hinders Endure Collective from completing the works in the allocated time frame, Endure Collective is not liable to the Client for failure to complete works on time.
5. Legal relationship
5.1 Endure Collective and associated staff and contractors are not employees or servants of the Client but an independent contractor.
5.2 Endure Collective may subcontract any of its obligations to the Client as part of this Agreement.
6. Refund Policy
6.1 Endure Collective endeavours to provide branding services that meet and exceed a client's needs and expectations.
6.2 In the unlikely event, you are completely dissatisfied with a service, design or concept, Endure Collectives will meet with you with the specific intent of clarifying and correcting any issues and presenting you with an updated or new design or concept if required.
6.3 In the unlikely event we cannot meet your original brief, a refund amounts less fees for the work undertaken to the time of notification will be provided to the Client.
Change of mind
6.4 There is no refund for a change of mind once the project has commenced.
7. Cancellation & termination
Cancellation by Client
7.1 If the Client cancels a project after the project has commenced, the commencement payment (deposit) will be forfeited as compensation to Endure Collective to cover design and administration time spent, and resources purchased and allocated, research time and administration costs.
7.2 If the project is more than 50% completed, a pro-rata payment is payable for time spent and work completed until the cancellation notice, at an hourly rate of $110.
7.3 In the event of cancellation of the Client's project, ownership of all copyrights and the original artwork shall be retained by Endure Collective.
Cancellation by Endure Collective
7.4 If Endure Collective cancels a project for any reason, a refund will be provided to
the Client less fees for any work completed.
8. Limitation of Liability
8.1 Liability for the services provided by Endure Collective is governed solely by
Australian Consumer Law and this Agreement.
8.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law
8.3 The services and the work produced by Endure Collective are sold "as is."
8.4 In all circumstances, the maximum liability of Endure Collective and associates to
the Client for damages for any cause whatsoever, and Client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the fees paid by the Client less any costs incurred by Endure Collective.
9. Warranty and indemnity
9.1 Endure Collective warrants that the contracted services will at all times be carried out:
● diligently;
● with proper care and skill; and
● in accordance with the terms of this Agreement;
9.2 The Client indemnifies Endure Collective against all claims for any legal relief
whatsoever arising in any way out of or in connection with:
● the carrying out of, or failure to carry out the contracted services; or
● any breach of this Agreement.
9.3 The indemnity does not apply to any claim caused by Endure Collective's negligence or breach of this Agreement.
10. Dispute resolution
You understand and agree:
10.1 You will contact Endure Collective immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.
10.2 In the event of a dispute, you agree to the following Dispute Resolution
Procedure:
i. You must advise Endure Collective in writing of the nature of the dispute,
the outcome you seek and what actions you believe will settle the dispute.
ii. You agree to meet in person or via a conferencing platform such as Skype or Zoom, in good faith to seek to resolve the dispute by
Agreement and compromise.
iii. If an agreement cannot be reached to resolve the dispute, any party may refer the dispute to mediation by a mediator appointed by the Law Institute of VIC.
10.3 Both parties must attend the mediation in good faith to seek to resolve the dispute.
10.4 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party is unsuccessful.
10.5 Confidentiality is paramount to both parties personal and professional reputation and standing in their business and community.
10.6 At no time will any communications or discussions be made public. Communication includes but is not limited to any social media or websites of either party.
10.7 Any public discussion or comments about either party will be considered defamatory, harmful or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
11. Governing law
11.1 The Terms and Conditions in this Agreement are governed and construed under the laws of Victoria, Australia.
11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Victoria, Australia.
By proceeding with payment and instructions, you are deemed to have read and accepted the terms and conditions contained here within.
Endure Co Pty Ltd trading as Endure Collective
ABN 99 664 069 881