Branding & Graphic Design Agreement

BUSINESS BRANDING & GRAPHIC DESIGN AGREEMENT

This Business Branding & Graphic Design Agreement (“Agreement”) confirms the terms, scope, objectives, and limitations of services provided by Stay Qreative. Engagement of services, payment of an invoice, or written confirmation constitutes acceptance of these terms and conditions.

DEFINITIONS

“Agency”, “Stay Q”, “Stay Qreative” refers to the service provider.
“Client”, “you” refers to the individual or entity engaging Stay Qreative.
“Parties” means both the Agency and the Client collectively.
“Services” means the business branding and graphic design services outlined in the accepted Proposal.
“Proposal” means the final written proposal issued by Stay Qreative and accepted by the Client.
“Agreement” means this document, together with the accepted Proposal, and the client’s completed form submission via Stay Qreative’s designated platform, which constitutes the Client’s acceptance of the terms of this Agreement.

1. PURPOSE, SCOPE, AND OUTPUT OF THE AGREEMENT

1.1 Purpose This Agreement sets out the terms under which Stay Qreative will provide branding and graphic design services to the Client, including scope, timelines, fees, and deliverables.

1.2 Effective Date This Agreement becomes effective on the date the Client digitally signs or otherwise accepts this Agreement (“Effective Date”). Engagement of services, payment of an invoice, or written confirmation constitutes acceptance of these terms and conditions.

1.3 Start Date Services will commence once:

this Agreement has been signed or accepted; and
the required upfront payment (50% non-refundable deposit, unless otherwise stated) has been received.

Start dates are scheduled based on Stay Qreative’s current workload and are typically booked 1–2 weeks in advance, unless otherwise agreed in writing.

1.4 Project Term This Agreement remains in effect for the duration of the project selected by the Client, as outlined in the Client’s Form Submission, proposal, or invoice (“Project Term”), and concludes upon delivery of the final approved deliverables, unless terminated earlier in accordance with this Agreement.

Earlier periods, revisions outside the agreed scope, or additional work will not be included unless specifically requested in writing and approved by both Parties.

1.5 Project Timelines Estimated turnaround times are provided as a guide only and are based on the selected package:

Logo Lite Package — 5 Business Days
Logo Design Package — 5–7 Business Days
For Your Website Design Package Design Social Media Essentials & Brand Essentials — 1–2 Weeks
Ultimate Branding Package — 2–3 Weeks (plus print production and delivery)

The above Tuileries are indicative project durations based on typical timelines, though these may vary depending on the scope (such as additional designs in your Final Proposal). Timelines commence from the agreed start date and are subject to timely client feedback, approvals, and asset delivery.

1.6 Priority & Expedited Requests

Projects are completed in order of purchase. Where an accelerated timeline is requested, a Priority Service Fee may apply and will be quoted and approved prior to commencement.

1.7 Design Phases All branding and graphic design projects follow the below phases:

Research (typically under 1 week): Brand, market, audience, and competitor research.
Conceptualisation: Development of design concepts informed by research insights.
Refinement: Collaborative revisions and refinement of the selected concept.
Delivery: Final approved designs supplied in agreed formats suitable for print and digital use.

1.8 Services Provided, Downgrades & Unanticipated Services

1.8.1 The specific services and deliverables to be provided under this Agreement are outlined in the final proposal, package description, or invoice issued by Stay Qreative (“Proposal”), which forms part of this Agreement.

1.8.2 Only the services expressly listed in the Proposal are included within the scope of this Agreement.

1.8.3 Downgrades & Removal of Add-On Services The Client may request the removal of add-on branding or design services (including items selected from à la carte offerings or social media graphics) by submitting a written request to hello@stayq.au for consideration.

Where a requested deliverable has already commenced, a fee equal to 50% of the item’s total value will be payable.

Where a deliverable has been completed or approved, it cannot be removed, cancelled, or refunded.

1.8.4 Unanticipated or Out-of-Scope Services Any additional, amended, or unanticipated work requested by the Client that falls outside the agreed scope will not commence unless:

the request is made in writing;
written approval is provided by the Client; and
the scope, pricing, and timeline of the additional work are agreed upon in writing.

1.8.5 No verbal instructions, informal communications, or implied approvals will constitute authorisation to proceed with out-of-scope work.

2. SERVICES & PACKAGES

2.1 Branding & Design Packages

Stay Qreative offers a range of branding and graphic design packages. Package inclusions, deliverables, and timelines are outlined in the Client’s selected package description, proposal, or invoice and form part of this Agreement.

2.2 Package Scope The Client acknowledges that:

package inclusions are limited to those expressly listed in the selected package or Proposal;
pricing, inclusions, and deliverables may vary between packages; and
any services not expressly included are considered out of scope and may incur additional fees.

2.3 Custom Packages Stay Qreative may create custom packages to meet the specific needs of the Client. Custom packages may include branding, graphic design, printed materials, or other creative services not included in standard packages.

2.3.1 All details relating to a custom package, including scope, deliverables, timelines, and pricing, will be outlined in a written proposal, quote, or invoice (“Custom Proposal”). Work under a custom package will only commence once the Custom Proposal has been accepted and the required deposit has been paid.

2.3.2 Unless otherwise stated in the Custom Proposal, custom packages are subject to the same terms of this Agreement, including those relating to revisions, approvals, timelines, third-party services, and additional or out-of-scope work.

3. DESIGN PLANNING, CLIENT INPUT, APPROVALS & REVISIONS

3.1 Design Planning refers to clause 1.3.

3.2 Client Materials & Deadlines

3.2.1 The Client must provide all required content, assets, information, and feedback by the agreed deadlines.

3.2.2 Delays in providing materials or feedback may result in project delays without fee reduction or timeline adjustment.

3.3 Feedback, Revisions & Approvals

3.3.1 The Client is entitled to unlimited revisions within seven (7) business days following delivery of the initial design concept, unless otherwise stated in the selected package or Proposal.

3.3.2 Revisions requested after the seven (7) business day revision window will be billed at Stay Qreative’s standard hourly or per-revision rate.

3.3.3 Feedback and revision requests must be submitted in writing and consolidated where possible.

3.3.4 Where feedback or approval is not received within a reasonable timeframe, Stay Qreative may deem the deliverable approved and proceed to the next stage of the project.

3.4 Invoices & Payment

3.4.1 Invoices remain payable regardless of delays in feedback, approvals, or revisions.

3.4.2 Ongoing delays in approvals or overdue payments may result in project suspension or termination in accordance with this Agreement.

4. CREATIVE DIRECTION

4.1 Creative Expertise Stay Qreative is engaged for its creative expertise and professional judgement. While collaboration and feedback are welcomed, Stay Qreative retains final creative discretion within the agreed scope and brief to ensure design consistency, quality, and effectiveness.

5. SCHEDULING & AVAILABILITY

5.1 Stay Qreative allocates specific timeframes and working periods to each Client project based on current workload and scheduling availability.

5.2 Scheduled timeframes are generally not flexible due to commitments to other client projects.

5.3 The Client agrees to cooperate in meeting agreed timelines, approvals, and feedback deadlines to avoid delays to the project schedule.

6. CLIENT RESPONSIBILITIES & WARRANTIES

6.1 Approval & Liability Transfer

Once a design, deliverable, or asset is approved by the Client (including deemed approval due to delayed feedback), responsibility transfers to the Client for:

accuracy of content and information; and
compliance with all applicable legal, regulatory, and industry requirements (including but not limited to AHPRA, TGA, ACCC where relevant).

6.2 Information Accuracy

6.2.1 The Client warrants that all information, materials, instructions, and assets supplied to Stay Qreative are accurate, complete, and lawful.

6.2.2 The Client must provide information and materials in a timely manner and arrange reasonable access to relevant individuals or documents where required.

6.2.3 Stay Qreative is entitled to rely on all information supplied by the Client without independent verification.

6.3 Advice Disclaimer

6.3.1 Any advice or recommendations provided by Stay Qreative are opinions based on the information supplied by the Client at the time.

6.3.2 Stay Qreative accepts no liability for loss or damage arising from inaccurate, incomplete, outdated, or misleading information provided by the Client.

6.3.3 The Client waives and releases Stay Qreative from any liability arising from reliance on such information.

6.4 General Indemnity The Client agrees to indemnify and hold harmless Stay Qreative, its employees, contractors, and representatives from any claims, liabilities, losses, or expenses arising out of:

the Client’s use of the deliverables;
materials or content supplied by the Client; or
any breach of this Agreement by the Client.

7. INTELLECTUAL PROPERTY & PORTFOLIO RIGHTS

7.1 Ownership of Intellectual Property

A. All creative concepts, systems, processes, methodologies, and design approaches developed by Stay Qreative remain the intellectual property of Stay Qreative.

B. All materials supplied by the Client remain the Client’s property.

C. Stay Qreative may retain copies of Client-supplied materials for record-keeping and service delivery purposes.

7.2 Licence to Use Deliverables

A. Upon full payment, the Client is granted a non-exclusive, perpetual licence to use the final approved deliverables for its own marketing and promotional purposes. This licence survives termination or expiry of this Agreement.

B. Ownership of the underlying intellectual property remains with Stay Qreative unless otherwise agreed in writing.

C. Stay Qreative retains the right to display completed work for portfolio, marketing, and promotional purposes, excluding confidential Client information.

8. PAYMENT TERMS & DISCOUNTS

8.1 Payment Methods Payment may be made via PayID, bank transfer, or PayPal (international clients only). Payment details will be included on invoices.

8.2 Fees & Billing Structure

A. Services may be billed at a fixed project rate or hourly rate, as outlined in the Proposal or invoice.

B. Where scope cannot be reasonably defined, hourly billing may apply and will be communicated prior to invoicing.

C. Fees are based on Stay Qreative’s standard rates, plus any approved expenses and applicable GST.

8.3 Invoicing & Payment

A. Invoices must be paid within seven (7) days unless otherwise stated.

B. Stay Qreative may suspend work or terminate this Agreement if invoices remain unpaid.

C. The Client is responsible for all reasonable recovery costs, including legal fees, incurred due to non-payment.

D. Refer to clause 3.4.

8.4 Late Payments

A. Interest may be charged on overdue invoices at 10% per annum, calculated weekly and capped at 10% of the invoice total.

B. A seven (7) day grace period applies before interest accrues.

C. Services may be suspended with written notice if payment is unduly delayed.

8.5 Referrals Clients who successfully refer a new client to Stay Qreative will receive a $50 credit toward Stay Qreative services, provided the referral is disclosed at the time of enquiry.

8.6 Additional Services & Fees Stay Qreative reserves the right to charge additional fees for:

out-of-scope work;
priority or expedited turnaround requests;
additional revisions outside included allowances;
third-party services or production costs.

All additional invoices are payable within seven (7) days.

9. TERMINATION

9.1 Project-Based Termination Either party may terminate this Agreement with written notice. Where termination occurs after work has commenced:

all work completed to date remains payable;
any deposits paid are non-refundable; and
Stay Qreative may invoice for work in progress and reasonable costs incurred.

9.2 Immediate Termination Stay Qreative may terminate this Agreement immediately in the event of non-payment or material breach of this Agreement.

10. DISPUTE RESOLUTION

10.1 In the event of a dispute, the Client must notify Stay Qreative in writing, outlining the issue and proposed resolution.

10.2 Both parties agree to act in good faith and allow reasonable opportunity for resolution before escalating the matter.

10.3 Right to Rectify Before initiating any formal dispute, chargeback, or legal action, the Client must provide Stay Qreative with written notice of the concern and allow a reasonable opportunity to review and, where appropriate, rectify the issue within the scope of this Agreement.

11. DEDICATED PROJECT MANAGER

11.1 Initial Strategy & Onboarding Phase During the initial strategy and onboarding phase, Stay Qreative’s founder (Aimee Joe) and/or one of Stay Qreative’s brand designers will serve as the Client’s main point of contact and oversee the development of the Client’s brand direction.

11.2 Dedicated Account Manager Assignment Following this phase, the Client’s project may be assigned a dedicated project manager, to handle communication and implementation.

11.3 Changes to Account Manager

A. The Client’s assigned account manager may be changed or rotated at any point during the Agreement, based on Stay Qreative’s team availability, project needs, or internal scheduling.

B. Regardless of changes, the quality and continuity of service will be maintained to ensure consistent support and results throughout the duration of the Agreement.

12. FORCE MAJEURE Neither party will be liable to the other for any delay or failure to fulfil their obligations under this Agreement if that delay and/or failure arises from causes beyond their control. Including but not limited to:

Fire, floods, or acts of God
Acts or regulations of any government or supranational authority
War, riot, terrorist activities
Strikes, lockouts, and industrial disputes

13. COMMUNICATION

13.1 Electronic Communication Both parties recognise that e-mail and the internet are inherently insecure, may become corrupted, and are not always delivered promptly (or at all). Each party is responsible for protecting their own systems and interests; neither party will be responsible to the other for any loss or damage arising from the use of electronic communication.

13.2 Business Hours Monday–Friday, 10:00am–5:00pm (AEST/AEDT)

13.3 After-Hours Communication After-hours communication will be addressed the next business day.

13.4 Out-of-Office Notifications Stay Qreative will make reasonable efforts to inform the Client in advance of any planned downtime or out-of-office periods that may impact response times or service delivery.

13.5 Other Clients & Confidentiality Stay Qreative manages accounts for several clients. All client information will be treated confidentially, ensuring no competitive advantage is given to any one client.

13.6 Service Interruption In the event of unforeseen circumstances causing service interruptions, Stay Qreative will communicate promptly and take all reasonable steps to minimise disruption to social media management.

14. PRIVACY ACT

14.1 Collection of Personal Information Stay Qreative may collect Personal Information about your representatives, clients, and others when providing services.

14.2 Client Responsibilities The Client agrees to work with Stay Qreative to ensure compliance with the Privacy Act 1988 (Cth) (as amended). Where the Client has collected personal information, the Client confirms that it was collected in accordance with the Privacy Act and may be provided to Stay Qreative for the purpose of service delivery.

14.3 Use of Personal Information Stay Qreative will handle personal information in accordance with the Privacy Act.

15. GOVERNING LAW AND JURISDICTION

15.1 Governing Law This Agreement is governed by the laws in force in the State of Victoria.

15.2 Jurisdiction The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

15.3 Execution of Agreement This Agreement may be executed in counterparts and delivered by electronic signature in accordance with the Electronic Transactions Act 2000 (Vic).

CONFIRMATION OF TERMS

Please review this Agreement and complete the form submission and digital signature below to confirm that it reflects your understanding of the arrangements. This Agreement becomes effective upon submission and will continue for future periods unless varied or replaced by written notice from Stay Qreative.

CLIENT ACKNOWLEDGEMENT

By completing the form submission and applying a digital signature, the Client confirms that they have the authority to enter into this Agreement and agree to be bound by all terms and conditions contained herein.