BUSINESS BRANDING CONTRACT​

​

AGENCY: STAY Q., STAY QREATIVE, US, OUR, WE.

CLIENT: YOU, YOUR, THEY.

Collectively, both parties entering into this agreement may be referred to as “the parties".

 

 

1. INTRODUCTION

Effective Date — This Agreement is made and entered into on the date you submit your signed acceptance.

Start Date — The start date refers to the beginning of the onboarding and strategy phase, which will be scheduled and confirmed after this agreement is signed and your deposit has been paid..

Contract Period  — The duration of this Agreement will be specified in the completed form or proposal submitted alongside this contract.

​​

​

2. SERVICES PROVIDED

The specific services in this Agreement are detailed in your proposal. This proposal represents the complete list of Stay Qreative's contractual obligations.

 

​​

3. CHANGES TO YOUR DESIGN PROJECT

Upgrades and Service Add-ons — You can upgrade your branding package and add tasks to the list of contractual obligations at any time after consulting with Stay Qreative. If you have any additional or urgent design requests outside of the complete list of Stay Qreative's contractual obligations, please notify Stay Qreative at least 48 hours in advance. This allows us to incorporate your requests without disrupting the overall workflow.  Any additional services requested will be quoted and outlined in a revised contract and proposal before work commences.

Downgrades — You may request to remove add-on brand design services (e.g., items selected from our à la carte or social media graphics offerings) by emailing aimeejoe@stayq.au for consideration.

If a design deliverable from your package is already in progress, a 50% fee of that item’s value will be charged. If the item has already been completed, it cannot be removed or refunded.

​

 

4. CLIENT RESPONSIBILITIES

Confidentiality — Information acquired from the client is subject to strict confidentiality. Stay Qreative will not disclose information to other parties except as required to provide the Services; as allowed for by law; or with your expressed written consent.

Information Accuracy —  By signing this contract, you agree that Stay Qreative is entitled to rely on the accuracy and completeness of any information you provide under this agreement to provide my services. You are also responsible for promptly providing Stay Qreative with the necessary materials and information to ensure timely service delivery

Advice Disclaimer — Any advice given by Stay Qreative is based solely on their knowledge of your specific circumstances. Stay Qreative accepts no liability or responsibility for any loss, damage, claim, or expense you may suffer due to inaccurate, incomplete, outdated, or untimely records, particulars, or information provided by you. By signing this agreement, you waive and release Stay Qreative from any such liability.

 

​

5. STRATEGY AND ONBOARDING PHASE

The phase of this agreement will be dedicated to strategy and onboarding. During this time, we will work closely with you to align on brand direction, target audience, and more. This phase is essential to ensure that your brand is purposeful, strategic, and aligned with your brand’s long-term vision.

​

​

6. CLIENT FILE/WORKFLOW SUBMISSION

The Client agrees to forward all files and forms of content as timely as possible.

Consequences of Late Submission —

• Failure to provide the requested and/or necessary files on time may result in the termination of the contract by Stay Qreative. If the requested and/or necessary files are not received within a 48-hour timeframe:

  • Stay Qreative will send you a reminder request.

  • Stay Qreative will not be liable for the outcome.

 

 

7. OWNERSHIP OF DOCUMENTS, ARTISTIC RIGHTS & PORTFOLIO

Client Content Ownership —  All documents provided by the client shall remain the property of the client. However, Stay Qreative has the right to make a reasonable number of copies of the original documents for record-keeping purposes.

Usage Rights —  You retain the rights to all designs produced while under this contract. However, you may not distribute the content for profit without Stay Qreative's written consent.

Portfolio Rights —  Stay Qreative retains the right to use all created work for the following purposes:

• Providing samples to prospective clients.

• Displaying the project process.

• Showcasing the final work on Stay Qreative's website, social media platforms, and promotional materials.

  • None of your confidential information will be shared, and your security will not be compromised in any way.

​

​

8. SCHEDULING AND CLIENT COORDINATION

Stay Qreative blocks out specific days and hours each month to work on current clients and design projects. These dates are typically not flexible due to other ongoing client work and projects. We appreciate your understanding and cooperation in maintaining our schedule.

 

​

9. TERMINATION

This section outlines the procedures for terminating this Agreement by either party.

Client-Initiated Termination:

To terminate the Agreement before the end of a branding project, the Client must provide a minimum of three days' written notice via email to aimeejoe@stayq.au.

Stay Qreative Initiated Termination:

Notice to Client — Stay Qreative will provide a minimum of three days' written notice to the Client in the event of termination.

Reasons for Termination

• Either party may terminate this Agreement at any time for the following reasons:

  • Mutual Termination: Either party may terminate the Agreement with three days' written notice to ensure the completion of any incompletion tasks.

  • Material Breach: Either party may terminate the Agreement immediately for a material or persistent breach of obligations under this Agreement. If the breach can be remedied, a 7-day cure period applies after discovery of the breach.

  • Insolvency: This Agreement may be terminated if the other party becomes insolvent.

Additional Termination Rights by Stay Qreative:

• Late payment of your non-refundable deposit.

• Late File and/or workflow submission.

• Failure to provide requested information.

• Failure to provide adequate instructions.

• Instructions that conflict with another client's interests.

• Conflict of interest.

• Legal or regulatory limitations on Stay Qreative's ability to provide services.

• Any other reasonable and just cause.

​​

​

10. PAYMENT TERMS

The client has reviewed and agreed to Stay Qreative's Pricing & Services PDF, including their selected package/service(s).

Stay Qreative will commence work upon receiving written confirmation to proceed with the quoted design, a signed acceptance of these terms, and a 25% non-refundable deposit. The final payment is due upon completion of Stay Qreative's services and must be made within the agreed timeline between the client and the agency; otherwise, late fees will apply. The client’s agreement with Stay Qreative will be confirmed through payment of the deposit as specified in the invoice and the signature at the bottom of this form.

Payment Methods — Payments can be made via PayID or bank transfer. Detailed payment information will be included in the invoice.

Late Payments — Invoices are due upon receipt. A 72-hour grace period is provided. If payment is more than 7 days late, services may be paused or terminated, and a late fee of $100 will apply for each 7-day period the payment remains outstanding.

Discounts —  ​​

• Referrals you send our way will earn you a $100 credit to use toward your next month’s service or any other Stay Qreative service. To qualify, your referee must mention your name during their discovery call — and they’ll receive $100 off their first service too.

​

​

11. DEDICATED PROJECT MANAGER

During the initial strategy and onboarding phase, Aimee Joe and/or one of our brand designers will serve as your main point of contact and oversee the development of your brand direction. Following this phase, your project may be assigned a dedicated project manager from our team to handle communication and implementation. Please note that your assigned project manager may be changed or rotated at any point during the agreement, based on team availability, project needs, or internal scheduling. Regardless of changes, the quality and continuity of service will be maintained to ensure consistent support and results throughout the duration of our engagement.

​

​

12. CONTACT HOURS & AVAILABILITY

While Stay Qreative strives to respond to client inquiries promptly, the available times for communication are Monday to Friday: 10:00 AM - 5:00 PM (AEST/AEDT). Communication outside these hours will be responded to during the next business day.

Out-of-Office — Stay Qreative will make a reasonable effort to inform you in advance of any planned downtime or out-of-office periods that may impact their ability to respond to enquiries or deliver services.

Other Clients — Stay Qreative manages saccounts for several clients. They will treat all client information with confidentiality and ensure no competitive advantage is given to any one client.

Service Interruptions — In the event of unforeseen circumstances that cause service interruptions, Stay Qreative will communicate promptly and take all reasonable steps to minimise any disruption to your social media management.

​​

​

13. ELECTRONIC COMMUNICATIONS

All communication regarding this Agreement will be conducted electronically via email or Whatsapp to your dedicated project manager.

 

​

14. FORCE MAJEURE

Neither party will be held liable for any delays or failures in performance under this Agreement due to acts or events beyond our reasonable control, such as acts of God, natural disasters, terrorism, civil unrest, war, strikes, or governmental regulations.

​

​

15. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL). The parties agree that any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

​​

​

​

By signing below, the parties acknowledge that they have read and understood this Agreement and agree to be bound by its terms and conditions.