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BUSINESS BRANDING CONTRACT​

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Agency: STAY Q., STAY QREATIVE, THEIR, US.

CLIENT: YOU, YOUR.

Collectively, all the listed people or businesses entering this agreement will be referred to as “the parties”, “we”, or “our”, “they”.

 

 

1. INTRODUCTION

Effective Date ⎯ This Agreement is made and entered into on the agreed-upon date submitted. The Start Date begins once this contract has been signed and your deposit has been paid.

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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.

 

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3. 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no liability or responsibility for any loss, damage, claim, or expense you may suffer due to inaccurate, incomplete, outdated, or untimely records, particulars, or information provided by you.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.

 

 

4. 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.

 

 

5. 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 âŽ¯  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.

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6. 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 âŽ¯ 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.

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7. CONTACT HOURS, OTHER CLIENTS & AVAILABILITY

While Stay Qreative strives to respond to client inquiries promptly, the available times 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 unless urgently requested.
Out-of-Office âŽ¯ 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 âŽ¯ Please keep in mind that some days and times may not be flexible in most cases due to other clients.

Service Interruptions âŽ¯ 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.

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8. ELECTRONIC COMMUNICATIONS

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

 

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9. 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.

 

 

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, PayPal, 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.

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11. 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.

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

Thank you!

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