BASIC BLACK CREATIVE
FULL TERMS & CONDITIONS
We endeavour to create individual branding that you will LOVE for a long time. Below are some details on timeframes, payment terms, change of mind, copyright & indemnity for you to read before you become a part of the family. These will also be sent to you with your formal quotation. Once the quotation is digitally accepted by you, via email, you will be formally accepting the following terms and conditions. We know it's a bit to take in, but don't worry! It's just to protect you and BBC in our budding design relationship. If you have any questions for us, please don't hesitate to ask.
Quotation:
1. The quoted fees and expenses for each project remain valid for thirty (30) days from the date of the written quote. Once the client provides written approval via email for Basic Black Creative to proceed with the outlined project and fees, these terms and conditions become applicable. Email approval serves as a verified digital signature. From the project's start date, no deposit refunds will be issued, and all utilized design time will be billable.
If a client wishes to begin or resume a project after the 30-day validity period, Basic Black Creative reserves the right to review and adjust the original quote. Any additional fees due to changes in scope, updated pricing, or extended timelines will be communicated before resuming work.
2. All quotes unless clearly stated otherwise are given in Australian Dollars ($AUD).
3. Unless expressly confirmed in writing, quotations do not include:
(a) GST;
(b) Printing costs;
(c) Commissioned photography, artwork, font licensing, copywriting and stock photography, domain registration and hosting costs.
4. Extra costs will be incurred and quoted upon before charged if the client requests additional changes after the number of design proofs stated in the original quotation have been exceeded. Additional costs arising from subsequent departure from agreed design direction, outlined in the approved design brief and specifications document, will be quoted upon and billed to the client.
5. The quotation is an estimate only and subject to change, for example where the scope of the work changes as per request by the client or you require more than one revision.
Commencement of work:
6. Work will proceed upon receipt by us of:
(a) Digitally confirmed agreement of terms of payment, timeframe & in some instances design approval. This is confirmed by replying with a confirmation to the quotation email and is accepted as a digital signature on your behalf.
(b) The 20% deposit non-refundable required to be received in full prior to commencement.
(c) The receiving of BBC terms and conditions along with the requested formal quote.
Payment:
7. Any and all items require a 20% non-refundable deposit prior to commencement.
Service payment structures are as follows:
Payments are made in three (3) stages; 20% of the total quoted cost is required as a non-refundable deposit before commencement - the amount must be received in full prior to the commencement of work, 40% of the total agreed upon quoted amount is to be made upon the requested edit stage and the final remaining payment is due prior to the delivery of files / website.
Please be aware that design will only continue once each staged invoice is paid in full.
Workshops: 100% of the total cost is due a minimum of three (3) business days before commencement of the workshop. Please note that funds are non-refundable unless these specific circumstances arise; ill health, loss, or cancellation of workshop date. In this case a partial refund will be offered, however 20% of your total cost will remain non-refundable, in compliance with our other service terms at Basic Black Creative.
Photography & videography: A 50% deposit is required prior to you nominated shoot day. The remaining payment will be due upon receipt of finished files.
Please Note that all deposits are non-refundable, even if change of mind occurs. Please see items twelve (12) and thirteen (13) for more information.
Payment terms:
8. Payment must be received within seven (7) days of the date of invoice.
9. If we issue an invoice and it is not paid, or is only partly paid, within 7 days, you will incur interest in addition to the unpaid amount of the bill. Interest will be charged at five percent (5%,) and it will accrue weekly from the 8th day after the bill is issued, until the whole of the bill is paid.
10. If you do not pay any individual item within the seven (7) day invoice term, we may, at our sole discretion stop all work relating to the project until such time as outstanding accounts have been paid. This includes the removal of website designs, coding or additions that have not been paid for.
11. All payments are non-refundable.
Timelines & Cancellations:
12. Where timelines for work have been agreed upon and scheduled for completion, this must be adhered to. A non refundable deposit of 20% of the total cost of your project is to be made no later than three (3) business days prior to the previously agreed upon commencement. As BBC book work 4-6 weeks in advance, it's important that your timeline is adhered to, so as not to interfere with your projected timeline or the business that is scheduled to follow yours. If a project date of a photoshoot, video shoot or graphic design piece is agreed upon and then the task or projected delivery date is cancelled by you within fourteen (14) days of previously agreed upon delivery, a twenty percent (20%) fee of the original quotation will be incurred by you. Cancellation within (seven) 7 days of projected completion, booked shoot or delivery will incur a forty percent (40%) fee of the original quoted and agreed upon amount, despite services having commenced or being completed due to last minute cancellation.
13. If work has commenced and change of mind about the service/project occurs, full payment for the hours used for the design work to date will be due in full. If a project is requested to begin again more than TWO (2) weeks after last contact, a new quote and contract will need to be completed. Please see item one (1) stating that an agreed upon quotation and start date are accepted as a full commitment.
E-Commerce Website Security / website security
14. Basic Black Creative is not responsible for the security of e-commerce websites we design or develop. Security, data protection, and payment processing are solely the responsibility of the chosen platform (e.g., Squarespace, Shopify, or WordPress) and any third-party payment gateways the client uses (such as Stripe, PayPal, or Afterpay).
The client acknowledges that:
(a) Basic Black Creative does not provide or manage security certificates (SSL) beyond the default provisions of the chosen platform.
(b) Any breaches, fraud, or security incidents related to transactions, customer data, or site vulnerabilities fall under the jurisdiction of the website provider and payment service, not Basic Black Creative.
(c) Ongoing security maintenance, monitoring, and compliance with privacy regulations (such as GDPR or PCI DSS) are the client’s responsibility or that of their hosting provider.
Commerce Additions and Ongoing Changes:
15. Basic Black Creative does not provide ongoing product changes, additions, or website maintenance after the initial build, unless specifically requested and quoted on. Any additional requests for product changes or website updates will require a separate agreement and quote. This includes any changes to product listings, payment gateways, pricing, or inventory management. The number of product additions in your initial build will be specified in your agreed upon quotation. The Client is required to add any additional products. If additional product additions that exceed this number are requested, it will be quoted on and billed to the client.
16. Any ongoing maintenance or updates requested by the client after the website is completed will be billed separately, as a new service outside the original agreement.
Payment Gateway Liability:
17. The client is solely responsible for setting up, managing, and maintaining any third-party payment gateways (e.g., PayPal, Stripe, Afterpay) used on their website. Basic Black Creative does not have access to these systems and assumes no responsibility for their configuration, security, performance, or any disputes arising from transactions processed through them. Any technical issues, chargebacks, fraud concerns, or compliance requirements related to payment processing must be handled directly with the chosen provider.
Platform Limitations & Restrictions:
18. Basic Black Creative will work within the limitations and capabilities of the platform chosen for your website (e.g., Squarespace, Shopify). If the client requires any additional customizations outside the platform's built-in features, these will be quoted and charged separately. We do not guarantee custom functionality beyond the platform's standard capabilities.
Client Content & Intellectual Property:
19. The client is responsible for providing accurate content, images, and product details for their website. Basic Black Creative is not responsible for any inaccuracies or errors in the content provided by the client.
20. The client is responsible for ensuring that any third-party content (such as images, logos, videos, etc.) used on the website has proper licensing and does not infringe upon any copyright laws.
SEO & Performance Expectations:
21. Basic Black Creative can implement standard SEO practices as part of the website build, but we do not guarantee search engine rankings or specific performance outcomes. SEO services outside of basic optimization will require a separate agreement and quote.
Hosting & Domain Transfer:
22. Basic Black Creative does not manage ongoing domain registration or hosting services. The client is responsible for renewing their domain and managing their hosting account once the website is live. We can provide assistance in transferring domain or hosting, but it will require a separate agreement and quote.
Change of Mind & Revision Policy
23. Once each edit stage included in your quotation has been completed, any further changes due to a change of mind will not be included in the original agreement. Additional edits or modifications requested beyond the allotted revision time will require a new quotation and will be charged accordingly. Our quotations are based on an hourly rate, once these hours have been used, if you wish to make further changes, you will be required to request a further quote and make payment of the new amount for the required time.
24. Clients are responsible for thoroughly reviewing all design documents during the allocated revision stages. Failure to communicate necessary changes within the allotted time does not entitle the client to additional free revisions.
25. By using the allocated revision hours, the client confirms satisfaction with the work provided. Any requests for further edits after this point will be considered new work and charged accordingly. All edits must be received in writing, in ONE (1) concise email, per edit stage. Revisions will not be completed via phone - they must be received in writing.
26. If a client does not request revisions within TWO (2) weeks of the last completed milestone; being sent access to designs inclusive of web brand sheets or preliminary build access of a website, the project / project stage will be considered complete. Any further work will require a new agreement and payment.
27. If a client becomes unresponsive for more than TWO (2) consecutive weeks, the project will be considered completed, and any future work will require a new contract and payment.
28. No refunds or additional revisions will be provided beyond the agreed-upon scope.
29. By proceeding with our services, you acknowledge and agree to these terms.
Website TRAINING AND EDITS:
30. Website training is NOT included in your build or design cost/process unless specifically stated otherwise, itemised and agreed upon in written quote form.
31. Basic Black Creative is not responsible for fixing or editing any website if the client makes changes to the site independently after the completion of the project. Any modifications or alterations made by the client without consulting us may result in issues or errors, for which Basic Black Creative will not be liable. If the client requests assistance with these changes, a new service agreement and quote will be required to resolve the issue.
Legal Policies, Compliance & COOKIES
32. Please note that Basic Black Creative does not draft, review, or update the Privacy Policy or Terms of Use for any websites we create. It is the client's sole responsibility to ensure these legal documents are accurately prepared and maintained. We recommend consulting with a qualified legal professional to address these matters appropriately.
33. We do not provide or implement cookie policies, cookie banners, or any related compliance measures for privacy regulations (such as GDPR or CCPA). It is the client’s responsibility to ensure their website complies with relevant data protection laws.
Font Usage & Licensing
34. Any fonts used in the design documents are the responsibility of the client to license appropriately. While we may use specific fonts as part of the design process, we do not transfer or provide font licenses. It remains the sole responsibility of the brand/owner to purchase, renew, or ensure the correct licensing for any fonts used in their branding, marketing, or digital materials.
35. We relinquish all liability for any licensing issues that may arise from the client’s use of fonts included in the design. By proceeding with our services, the client acknowledges and accepts full responsibility for obtaining the necessary font licenses.
Copyright and trademark:
36. We will take no responsibility for any copyright infringements or issues arising from any artwork (including but not limited to sketches and fonts), images and copy provided to us by you.
37. You will indemnify us from any liability arising from any breach of copyright in any such works provided by you.
38. While we will use our best endeavours to ensure that all finished work does not infringe any copyright or trademark law, we will not undertake any investigations to confirm that no other person or entity has created the same or similar work to that created by us.
39. Copyright of all work is retained by Basic Black Creative. You are licensed to use the finished work for the purpose it was originally intended / supplied. If you seek to use any element of the design files for any other purpose, you may make a request in writing to us for a license to use the work (or any part of it), and the granting of any such license is at the sole discretion of us. Another designer; individual or company is prohibited from working within, altering and reusing the design files - which remain the intellectual property of Basic Black Creative.
40. All photography remains the intellectual property of Basic Black Creative and can be used in any capacity by us as a display of work or recreation.
41. Once a print proof is accepted by you, you accept responsibility of the print job, as long as it matches the agreed upon proof. This also applied to any designs once signed off and additional change of mind or edits will be billed to client outside of the included edits in the individual service provided.
42. All projected timelines are estimates only and we will not be liable for delays to projected timelines.
43. Non-Disparagement. During the term and thereafter, the client agrees to take no action which is intended, or would reasonably be expected to harm Basic Black Creative or their reputation or which would reasonably be expected to lead to unwanted or licensed publicity to Basic Black Creative.
44. Basic Black Creative is not liable for any negative impact, damages, or reputational harm to the client’s brand resulting from the use or implementation of our services once the project has been agreed upon, paid for, and delivered. This includes, but is not limited to, website design, branding, and social media content. The client assumes full responsibility for all decisions regarding branding, website content, and any modifications made post-delivery, including how social media content is used, shared, or interpreted.
Termination of Work
45. Basic Black Creative reserves the right to terminate the working relationship at our discretion if:
(a) The client is unresponsive for 14 consecutive days.
(b) The project is delayed due to the client's failure to provide necessary materials, approvals, or feedback within 14 days of delivery of the next stage of design or development; at a requested edit stage.
(c) The client engages in unreasonable demands, abusive communication, or exhibits behaviour that makes the working relationship unsustainable.
(d) The scope of the project has changed beyond the original agreement, and a new contract cannot be agreed upon.
46. If termination occurs due to any of the above reasons, all payments made up to that point are non-refundable, and the client will be invoiced for any work completed beyond previously paid amounts.
47. The client agrees not to make any disparaging comments about Basic Black Creative, its services, or its representatives, either publicly or privately, in any manner that may harm its reputation. This includes, but is not limited to, online reviews, social media, and direct communication with third parties. Violation of this clause may result in legal action.
By proceeding with our services, the client acknowledges and agrees to these terms.