Design Project Contract

DESIGN PROJECT CONTRACT

Agency: STAY Q., STAY QREATIVE, ME, MY, I.

CLIENT: YOU, YOUR.

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

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.

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. (WEBSITE DESIGN CLIENTS) CHANGES TO YOUR DESIGN PROJECT

Upscale and Service Add-ons ⎯ You may upscale Stay Qreative's hours and add tasks to the list of contractual obligations at any time after consulting with Stay Qreative. Any additional work or updates required after the website has gone live will need to be purchased separately unless otherwise agreed upon between the client and Stay Qreative.

Downgrades ⎯ Downgrading Stay Qreative's working hours is available, once you have consulted with Stay Qreative. You will receive a revised contract and proposal before work commences.

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no liability or responsibility for any loss, damage, claim, or expense you may suffer due to inaccurate, incomplete, outdated, or untimely records, particulars, or information provided by you.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

6. 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.

7. TERMINATION

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

Client-Initiated Termination:

During Contract Period ⎯ To terminate the Agreement during the agreed-upon contract period, 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 invoices.
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.
Financial Obligations Upon Termination
- In the event of termination, the Client will be responsible for the reasonable costs and expenses associated with the early termination (outlined in Section 14).

10. CONTACT HOURS, OTHER CLIENTS & AVAILABILITY

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. While Stay Qreative strives to respond to client inquiries promptly, Stay Qreative will strictly work on your tasks during the agreed-upon days, times, and hours, blocking out other current client inquiries.
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 inquiries or deliver services.

Other Clients ⎯ Please keep in mind that some days and times may not be flexible in most cases due to other clients. If it has not been previously discussed, you may add in your chosen days, times, and hours in the form below, and Stay Qreative will let you know if it conflicts with any of their current client schedules.

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

11. ELECTRONIC COMMUNICATIONS

All communication regarding this Agreement will be conducted electronically via email to aimeejoe@stayq.au or Whatsapp.

12. FORCE MAJEURE

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

13. PAYMENT TERMS

Branding

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

Websites

Stay Qreative's Website Design packages provide the flexibility for the client to scale up or down as needed, preventing overhead costs. Please note the fees paid and quoted do not include annual hosting fees (Shopify/Wix etc) or additional add-on systems such as management of booking systems, social media feed attachments, and others. Furthermore, the quote does not include SEO, Google Ads, or similar marketing features unless discussed otherwise. The fee paid does not cover the purchase of stock photos, fonts, artwork, products, printing, or additional add-ons beyond the agreed deliverables. Any additional expenses will be communicated to the customer before taking action. Please note that additional quotes may be provided if applicable, either during the initial inquiry or throughout the process as they come up.

Payment Details for E-Commerce Website ⎯

Payment Gateway Integration ⎯ Stay Qreative will integrate a payment gateway into the e-commerce website to facilitate online transactions. The client is responsible for selecting a suitable payment gateway provider and complying with their terms and conditions.
Transaction Fees ⎯ The client acknowledges that the chosen payment gateway provider may charge transaction fees or commissions for processing online payments. These fees are separate from the fees charged by Stay Qreative for website development and maintenance.
Payment Security ⎯ Stay Qreative will implement necessary security measures to protect online payment transactions. However, the client acknowledges that Stay Qreative does not directly handle or store sensitive payment information, such as credit card details, and therefore cannot guarantee the complete security of such data.
Refunds and Disputes ⎯ The client agrees to handle all customer refunds or disputes related to online payments following the policies and procedures of the chosen payment gateway provider.
Payment Processing Errors ⎯ In the event of payment processing errors or technical issues, the client agrees to promptly notify Stay Qreative so that appropriate measures can be taken to resolve the issue.

By proceeding with the development of an E-Commerce website, the client acknowledges and agrees to abide by the above conditions for the E-Commerce website and payment processing.

Payment Methods ⎯

Payment will be made through PayID, PayPal, or bank transfer. Details will be included in your invoice(s).
Payment Plans are available and can be set up as automatic weekly payments.

Late Payments ⎯

Payments are due upon receipt of the invoice.
A 72-hour grace period is offered.
Payments more than 7 days late may result in termination of services and late fees. Late fees are $100 for every 7 days payment is outstanding.

Processing Your Design Project With Stay Q. ⎯

Stay Qreative will commence work only after receiving written confirmation to proceed with the design quotation, a signature of these terms, and a 25% deposit for to confirm the project. The final payment is due upon completion of the website and before it goes live and the domain is connected. The payment must be made within the agreed timeline between the client and the agency; otherwise, late fees will apply. Approving and paying the quoted deposit amount as specified in the invoice will establish an agreement between Stay Qreative and the client as well as the signature at the bottom of this form.

14. ADDITIONAL WEBSITE DESIGN CONDITIONS

Website Security & Performance ⎯ Stay Qreative will implement industry-standard security measures to protect the business website from unauthorised access, malware, and other threats, however, the client acknowledges that no system is entirely immune to security risks and Stay Qreative shall not be held responsible for any security breaches or damages resulting from such breaches. Stay Qreative will make reasonable efforts to ensure the optimal performance and availability of the website. The client acknowledges that occasional downtime or technical issues MAY occur and Stay Qreative shall not be held liable for any resulting loss of business or inconvenience.

Conditions for E-commerce Website And Entering Payment Details ⎯

Product Information ⎯ The client is responsible for providing accurate and up-to-date information about the products to be sold on the e-commerce website, including descriptions, images, prices, and availability.
Legal Compliance ⎯ The client agrees to comply with all applicable laws and regulations regarding the sale of products through the e-commerce website, including but not limited to consumer protection laws, privacy laws, and intellectual property rights.
Inventory Management ⎯ The client is responsible for managing the inventory of products and ensuring that the e-commerce website reflects accurate stock levels. Stay Qreative will provide guidance on inventory management tools and techniques.
Product Shipping ⎯ The client is responsible for establishing shipping methods, costs, and delivery times for the products. Stay Qreative will assist in integrating shipping providers and setting up shipping calculations if required.
Order Processing and Customer Support ⎯ The client agrees to promptly process orders received through the e-commerce website and provide timely customer support, including responding to inquiries, handling returns and exchanges, and addressing customer concerns.
Security and Privacy ⎯ Stay Qreative will implement industry-standard security measures to protect customer data and ensure secure online transactions. However, the client acknowledges that no system is completely secure, and stay Qreative shall not be held liable for any unauthorised access or data breaches.
Website Performance ⎯ Stay Qreative will make reasonable efforts to ensure the smooth operation and performance of the e-commerce website. However, the client acknowledges that occasional downtime or technical issues may occur, and Stay qreative shall not be held responsible for any resulting loss of sales or inconvenience.

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