TERMS & CONDITIONS

Introduction

Welcome to Stoked Creative. By engaging our services, you agree to comply with and be bound by the following Terms and Conditions. Please read these Terms and Conditions carefully before using our services. If you do not agree to these terms, you should not use our services.

1. Definitions

• “Client” refers to any individual or entity engaging the services of Daniel Pearson’s Creative Agency.
• “Designer” refers to Daniel Pearson and his Creative Agency team.
• “Services” refers to graphic design, web design, and any other services provided by the Designer.
• “Deliverables” refers to the final products delivered by the Designer to the Client, including but not limited to websites, graphics, logos, and other design materials.

2. Services

The Designer agrees to provide the Services as described in the agreed-upon project proposal or contract. The scope of work, timeline, and pricing will be detailed in the project proposal.

3. Payment Terms

• Deposits: A non-refundable deposit of 50% of the total project cost is required to commence work.
• Final Payment: The remaining balance is due upon completion of the project and prior to the release of final deliverables.

4. Revisions and Changes

The project includes a specified number of revisions as outlined in the project proposal. Additional revisions or changes requested by the Client beyond the included revisions will be billed at an hourly rate as specified in the project proposal.

5. Client Responsibilities

The Client agrees to provide all necessary information, materials, and feedback required to complete the project. The Client is responsible for ensuring the accuracy and legality of any content provided.

6. Intellectual Property Rights

• Ownership: Upon full payment, the Client will own the final deliverables. The Designer retains ownership of any preliminary work and the right to use completed projects for portfolio and marketing purposes.
• Licensing: Any third-party materials incorporated into the deliverables (such as stock photos, fonts, etc.) will be subject to their respective licenses.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the project. This includes any business information, strategies, and materials provided by the Client.

8. Termination

• By Client: The Client may terminate the project at any time by providing written notice. In the event of termination, the Client agrees to pay for all work completed up to the date of termination.
• By Designer: The Designer may terminate the project if the Client fails to provide required information, fails to make payments, or breaches any terms of this agreement.

9. Limitation of Liability

The Designer will not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the services provided. The Designer’s total liability under this agreement will not exceed the total amount paid by the Client for the services.

10. Warranty Disclaimer

The Designer provides the services “as is” and without any warranty or guarantee of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. Any disputes arising under this agreement shall be resolved in the courts of Queensland.

12. Amendments

The Designer reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on our website and will become effective upon posting.

13. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Client and the Designer with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral.

Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact Daniel Pearson at info@stoked-creative.com.au or through the contact form on my website.