Our Terms & Conditions
Any engagement with Edge Creative — including brand development, web projects, and design services is subject to the terms and conditions outlined below. By accepting or approving any quote, proposal, or scope of work, you acknowledge and agree that these terms and conditions apply in full to the project.
Definitions
a) Agreement means the electronic quote issued by Edge Creative and accepted by the Client, which sets out the scope of Services, Products, fees, and any other terms agreed between the parties.
b) Amendment means a change requested by the Client to a draft or Product that remains within the original brief and does not materially alter the Scope of Work.
c) Approval means written confirmation (including email) from the Client that a Product or draft is accepted as final or ready for printing or release.
d) Brief means the written or verbal instructions, requirements, objectives, and specifications provided by the Client and agreed by Edge Creative prior to commencement of the Services.
e) Client means the individual or entity entering into an Agreement with Edge Creative.
f) Confidential Information means any non‑public information disclosed by one party to the other that is identified as confidential or would reasonably be considered confidential.
g) Date of Agreement means the date the Client signs the Agreement.
h) Digital Media Platforms means online and social media platforms, including but not limited to Facebook, Instagram, TikTok, and LinkedIn.
i) Edge Creative means Edge Creative Agency Pty Ltd (ABN 20618432447).
j) Intellectual Property means all copyright, design rights, trade marks, patents, confidential information, and other proprietary rights (registered or unregistered) created by Edge Creative under this Agreement.
k) Parties means Edge Creative and the Client.
l) Product means any deliverable produced by Edge Creative, including but not limited to printed materials, digital assets, and websites.
m) Revision Round means a single opportunity for the Client to request Amendments to a draft or Product before Edge Creative supplies the updated version incorporating those changes. Once the updated draft or Product has been provided to the Client, the Revision Round is deemed complete and any further changes will be treated as additional work and billed separately.
n) Scope of Work means the specific Services, deliverables, timelines, and responsibilities outlined in the Agreement.
o) Services means any work performed by Edge Creative, including but not limited to design, strategy, and content creation. Services do not include ongoing support, maintenance, or updates unless expressly stated.
p) Third Party Provider means any external supplier, platform, service, software, contractor, or vendor not owned or controlled by Edge Creative, including but not limited to website hosting companies, domain registrars, plugin or integration developers, printing suppliers, advertising platforms, social media platforms, analytics tools, and any other external service used in connection with the Products or Services.
2. Scope and Acceptance
a) These Terms and Conditions apply to all Products and Services provided by Edge Creative from the Date of Agreement.
b) Any variations to the Scope of Work must be agreed in writing and may incur additional fees.
3. Payment Terms
a) This Agreement forms the basis of a tax invoice. All quoted fees are payable by the Client and are non‑refundable except as required by law.
b) Payment frequency and terms are as follows:
i. Invoices for retainer clients will be issued mid‑month for the upcoming month and are due and payable within 14 days of the invoice date. Services for the following month will not commence until payment has been received.
ii. Non-retainer clients will be issued an invoice at the end of each month for hours tracked by Edge Creative. This invoice is due and payable within 14 days of the invoice date.
iii. Invoices for printing will be issued upon confirmation of the printing order and are due and payable prior to collection. Edge Creative retains ownership of all printed materials until the invoice has been paid in full.
iv. Website design and build projects require a 50% deposit prior to commencement. The remaining 50% will be invoiced upon launch and must be paid in full before final access or handover is provided.
d) Recurring services may be suspended without notice for non‑payment. The Client indemnifies Edge Creative against any claims arising from such suspension.
e) Quotations are valid for 30 days unless withdrawn earlier.
4. Delivery and Amendments
a) Edge Creative will make reasonable efforts to meet agreed timelines. Delays may occur due to Client unavailability, scope changes, or third‑party supplier issues. Edge Creative is not liable for costs or losses arising from such delays.
b) The Client is entitled to one Revision Round unless otherwise stated. Additional amendments or changes will be quoted and billed separately, even if they fall within the Scope of Work.
5. Intellectual Property
a) Upon full payment of all invoices, ownership of final approved Products transfers to the Client.
b) Edge Creative retains a perpetual, non‑exclusive, royalty‑free licence to use, reproduce, and display the work for portfolio, website, award submissions, and marketing purposes.
c) All preliminary concepts, drafts, working files, and unused creative materials remain the property of Edge Creative unless otherwise agreed.
6. Confidentiality
a) Each party must maintain the confidentiality of the other’s Confidential Information and must not disclose it to any third party without written consent, except as required by law.
b) Title and ownership of Confidential Information remain with the disclosing party.
c) Edge Creative is not responsible for the collection, storage, security, or use of any confidential or personal information handled by third‑party platforms, plugins, integrations, or service providers connected to the Client’s website. The Client indemnifies Edge Creative against any claims, losses, or liabilities arising from such third‑party activities.
d) Upon written request, Confidential Information must be returned or destroyed unless retention is required by law.
7. Branding Services
a) Edge Creative will commence branding work as outlined in the Brief. Changes to the Brief may affect costs and timelines. Edge Creative is not liable for any costs incurred by the Client due to changes to the Brief.
b) The Client is responsible for reviewing and approving all work. Edge Creative is not liable for errors in approved work.
c) The Client is solely responsible for conducting trademark, business name, and intellectual property conflict searches.
d) Ownership of final design assets transfers to the Client upon full payment of relevant invoices.
8. Website Services
a) Once a website is approved for launch, the Client is responsible for all content, accuracy, and information published on the website.
b) After launch, any changes, updates, or additional work will be quoted and billed separately.
c) Edge Creative is not responsible for the performance, security, or functionality of websites hosted, maintained, or managed by third‑party providers.
d) Edge Creative is not liable for the performance or compatibility of third‑party plugins, integrations, or external services.
9. Digital Media Services
a) Edge Creative does not guarantee growth, engagement, conversions, or performance outcomes on any Digital Media Platform.
b) Edge Creative will collect and securely store payment details from the Client for the purpose of paying advertising fees to Digital Media Platforms and Third Party Providers. Edge Creative is not liable for any claims, losses, or damages arising from the use, processing, storage, or security of payment information by Digital Media Platforms or Third‑Party Providers.
c) The Client must provide written notice of any changes to previously agreed advertising spend.
d) If digital media services are discontinued, Edge Creative will remove its access to the Client’s Digital Media Platforms. All content remains the Client’s property.
10. Limitation of Liability
a) While reasonable security measures are taken, Edge Creative is not liable for data loss arising from security breaches, corruption, or third party failures. Clients are responsible for maintaining their own data backups.
b) Edge Creative provides no guarantee of search engine rankings, analytics accuracy, security, or website performance for externally hosted assets.
c) If a Product or Service is faulty, the Client must provide Edge Creative the opportunity to rectify the issue.
11. Termination and Cancellation
a) Edge Creative may suspend or terminate the Agreement for serious breaches, including illegal, fraudulent, harmful, or prohibited activities such as spamming or hosting illegal content, or distributing offensive or deceptive material.
b) If Edge Creative terminates the Agreement without any breach by the Client, the Client will be refunded for any Products or Services paid for but not yet delivered.
c) Termination does not affect any rights or obligations accrued prior to termination.
12. Default
a) If the Client fails to pay any amount due by the due date specified on the invoice or otherwise breaches this Agreement, Edge Creative may:
i. Suspend or cease Services;
ii. Declare all outstanding amounts immediately due and payable;
iii. Recover unpaid balances, legal fees, and reasonable debt-collection costs;
iv. Pursue damages;
v. Withhold delivery or access to any assets or deliverables until all overdue amounts are settled; and
vi. Charge interest at 10% per annum, compounded monthly, on overdue amounts.
b) A breach does not constitute termination unless confirmed in writing by Edge Creative.
13. General
a) This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions or representations.
b) Edge Creative may promote the Client’s branding, website, and social media for its own marketing purposes.
c) Edge Creative may engage subcontractors and remains responsible for their performance.
d) Edge Creative may provide additional support or updates at its discretion, but is not obligated to do so once the Scope of Work has been completed.
e) This Agreement is governed by the laws of Western Australia, and the Parties submit to the exclusive jurisdiction of the courts of Western Australia.