Terms & Conditions
Jake Boehm t/as Boehm Creative
In order to become a Client of Jake Boehm t/as Boehm Creative(“Boehm Creative”) or a user of any of Boehm Creative’s services, you agree to the following terms and conditions. Your agreement to these terms will be indicated by: A signed agreement of these terms; the execution of any contract; commencement or completion of any business activities; or use of any of Boehm Creative’s services, whichever occurs first.
These terms and conditions shall govern the provision of design, marketing, website and any other services by Boehm Creative.
Please read these terms and conditions carefully. If you do not accept these terms and conditions without modification, you may not use Boehm Creative’s services. Boehm Creative may revise these terms and conditions at any time by updating this posting. If the terms and conditions are revised, the original terms accepted by the Client for a project will remain valid.
2. Exclusion and Limitation of Liability
To the full extent permitted by law, Boehm Creative hereby excludes all warranties not expressly set out herein except specifically set forth elsewhere in this agreement and gives no express or implied warranties including the warranties of merchantability or fitness for particular purpose, or arising from a course of dealing, usage, trade practice, with respect to any goods or services under or incidental to this agreement. No oral or written information or advice given by Boehm Creative, our resellers, agents, representatives or employees shall create a warranty or in any way increase scope of the express warranties hereby given, and you may not rely on any such information or advice.
Boehm Creative’s total aggregate liability to you for any claim in contract, negligence or otherwise arising out of or in connection to the provision of the Services shall be limited to the charges by you in respect of the Services which are the subject of any such claim.
In no event shall Boehm Creative be liable to you for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.
3. Property Rights and other Consents
The Client is solely responsible for obtaining any and all necessary intellectual rights clearances and/or other consents and authorisations.
The Client agrees to indemnify and keep indemnified and hold Boehm Creative harmless against any claim brought against Boehm Creative by a third party resulting from the provision of services by Boehm Creative to the Client. This includes all losses, costs, actions, proceedings, damages, expenses (including reasonable legal costs) or liabilities, whatsoever suffered and howsoever incurred in consequence of the Client’s breach or non-observance of these terms.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable shall be deemed to be omitted.
The benefit of this agreement may be assigned by Boehm Creative, but not by the Client. Boehm Creative may give notice to the Client in writing, and the Client’s failure to respond will be deemed acceptance. The Client may transfer this agreement provided that the Client gives Boehm Creative notice in the form Boehm Creative requires (setting out the details of the assignee) including payment of any transfer fee specified by Boehm Creative. No other transfer by the Client is permitted.
7. Entire Agreement
These terms and conditions constitute the entire agreement and supersede all prior agreements, understandings, representations whether oral or written. No oral explanation or information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation be made to the contract unless it is in writing and signed by representatives of the Client.
8. Entire Agreement, Governing Law
This agreement shall be governed by the laws in force in the State of Queensland. Both parties hereby submit to the exclusivity of the Courts of that State.
Boehm Creative is
not registered for GST and is not added to any invoices.
This is subject to change if Boehm Creative becomes Registered for GST.
10. Pricing and Procedures
Prices are valid for 30 days from the date of the estimate or proposal. If work is not commenced within 30 days of acceptance, Boehm Creative reserves the right to re-negotiate the price.
In some instance, Boehm Creative may require that the Client pay up to a 50% deposit or full payment on completion or delivery of a service, artwork or printed materials. In other cases, payment is due in 7 days from the date of invoice.
The Client agrees to provide written acceptance or email acceptance before any work is commenced. This must be formatted as a Letter of Agreement between the Client and Boehm Creative concerning the work outlined in the Boehm Creative estimate.
All pricing supplied in estimates and advertised in the Boehm Creative catalogue or promotional material excludes GST.
If Boehm Creative feels that any item requested by the Client does not fit within the initial brief, the Client may be charged additional fees. The item will either be quoted separately or charged as an extra, at full hourly rates.
The placement of an order for design and/or any other services offered by Boehm Creative and validated by either the Client’s signature on the estimate or quotation form, or Client email or Client verbal acceptance (in the case of work with urgent timelines) constitute acceptance of the estimate or quotation and agreement to fully comply with all the Terms and Conditions.
In the event that any material necessary for the production of the project needs to be shipped to a third party (for example, for additional processing, typesetting, photographic work, colour separation, press work, or binding), Boehm Creative will incur no liability for losses incurred in transit or due to the delay of a third party.
The Client is responsible for any shipping/transport or insurance costs related to the work unless specified in writing.
shall not incur a liability or penalty for delays in the completion of the work
due to action or negligence of the Client, unusual transportation delays,
unforseen illness or external forces beyond the control of Boehm Creative. If
such event(s) occur, it shall entitle Boehm Creative to extend the
completion\delivery date by the time equivalent to the period of
such delay. Boehm Creative may from time to time and without notice or liability to you suspend any of the services if the reason for doing so is an event beyond the reasonable control of Boehm Creative.
Boehm Creative reserves the right to suspend services in any case where the Client fails to perform its obligations under this agreement.
All advertising of pricing is subject to change at any time without notice.
Additional charges may be added to an estimate for costs incurred for services or items required to complete a job for the Client. These may include edits, courier fees, proofing/printouts, artwork retrieval and the purchase of imagery and materials, or services supplied by third parties.
All prices quoted are, in the absence of specific written agreement to the contrary, estimates only. Boehm Creative estimates for design or related work are based upon projected working hours at the current studio rate, plus materials and are subject to amendments on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges of costs arising from alterations or additions to the contractual specifications or to work previously approved, required to complete the job, such as edits, courier fees, proofing/printouts, artwork retrieval and the purchase of imagery and materials, or services supplied by third parties may be charged to the Client.
Boehm Creative will provide a tax invoice for all projects completed or in progressed for immediate payment as specified on the tax invoice.
A deposit of up to 50% may be required before design work can commence, with the remaining amount payable on completion.
When a project extends 30 days past the commencement date or when specific project milestones are reached, Boehm Creative reserves the right to issue the Client with a ‘progress payment’ invoice.
When a design is completed and requires print or manufacture to complete the project, an invoice is issued at the time it is sent to print/production. Delivery of the product will arrive prior to the 7 days allowed for payment.
Websites – Due to the segmented stages of website design and development, websites require a deposit of 50% followed by a balance completion payment.
Payment is always required within the time frame specified on the invoice. If payment is not received within the specified period, Boehm Creative reserves the right to charge interest on the outstanding amount until the overdue account is paid in full.
If a client does not pay within the specified terms of the invoice Boehm Creative Creative has the right to charge a late fee on the outstanding amount. The late fee based on a rate of 5% annual interest. The interest rate is calculated annually and divided by 12 to give the monthly fee associated to the outstanding amount. A late fee will be charged when an account is overdue by more than 30 days after the specified terms.
12. Artwork Specifications
When accepting artwork proofs, the Client is held fully responsible for accepting all content. This includes design, spelling, grammar and quality. It is the Client’s responsibility to request another copy if the proof is difficult to read or if changes are required. The Client’s final accepted proof is what will be printed. There will be no reprints at Boehm Creative’s expense.
Clients who send in their own artwork are fully responsible for the end result. Clients are reminded to submit print-ready artwork with the correct specifications. We will print whatever you submit, but take no responsibility for artwork mistakes or product quality. There will be no reprints at Boehm Creative’s expense.
Clients are reminded that when their artwork is trimmed, the bleed cut can vary in position up to 2-3 mm hence a 3mm internal margin from the bleed line is required.
It is the Client’s responsibility to ensure that any design that is submitted does not violate Australian law. Boehm Creative will assume the artwork or content the Client submits is legally the Client’s property and the Client indemnifies Boehm Creative accordingly.
If errors are noticed and if changes are required to your artwork, Boehm Creative will contact you to avoid possible printing problems occurring. An artwork fee will be charged for any changes required. There will be no reprints at Boehm Creative’s expense.
digital proofs and screen proofs are not 100% accurate and variation may occur due to printing method, type of proof and the medium that the artwork is printed on. Boehm Creative attempts to minimise variations as best as possible and cannot be held responsible for any deviation from the Client’s expectations as long as it is fit for the purpose. To ensure accuracy, Clients may request a press check.
Should there be a change of direction or new concept that differs from the initial brief, additional fees will be payable according to time/materials involved. Boehm Creative will notify you of this and the additional quote/s will be provided.
Your artwork, photographs, images, websites and data will not be archived or stored unless specifically agreed in writing by Boehm Creative prior to the work commencing. Boehm Creative holds no responsibility for archiving artwork, photographs, images, websites and data and has no obligation to replace or provide any of these items after they have been completed and supplied for their single specific purpose as outlined in the approved estimate agreement.
13. Website Design, Maintenance and Support
Boehm Creative takes no responsibility for any errors in the content. It is the responsibility of the Client to ensure all content is correct before delivery. All images provided by the Client for their website must be copyright approved before delivery. Boehm Creative is not responsible for the copyright of any supplied images. However, Boehm Creative can source a range of (watermarked demo) stock images for the Client. These stock images must be purchased prior to use on the final site and will be in addition to the original quoted price, unless otherwise stated.
All content should be delivered in one package, containing all images, text, captions etc. together with clear instructions on where the content is to go.
Once the web design is complete, Boehm Creative will provide the Client with the opportunity to review the resulting work. Boehm Creative will make two sets of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small text changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, template structures, module additions or any navigation features. Any minor changes can be notified to Boehm Creative by e-mail or confirmed in writing. Boehm Creative will consider that the Client has accepted the original draft, if no notification of changes is received in writing or via email from the Client, within 30 days of the start of the review period.
Once a site has been approved and signed off, all additional corrections and modifications to the site will be charged as extras at full hourly rates.
Technical assistance via telephone or email will be offered during the 30 day cooling off period, once a site goes live or once a client is given access to the backend of your website, which ever occurs first. Site maintenance or extensive queries (more than 15 minutes) will be charged at hourly rates.
Website support after the 30 day review period (30 days from going live) is limited to 15minutes per month phone support. Any additional support outside this timeframe may incur additional costs. Support requests should use Boehm Creative’s Website Support Ticketing System. You can provide as many ticketed requests as you require. If the response to a ticket request warrants a charge, Boehm Creative will inform you of the cost and seek agreement prior to proceeding further. *Basic support For any Business who purchases a Website Maintenance Package Boehm Creative will offer basic phone support of what is seen as a reasonable amount. This means we will answer and offer advice and support on use of your CMS system for up to 15mins per month. Anything outside this may attract additional charges. Any additional charges will be advised and agreed to prior to proceeding with the additional advice or service.
Boehm Creative will endeavour to ensure that any developed/designed website, eNewsletter, esignature or application will function correctly on the server on which it is initially installed and that it will function correctly when viewed with web browsing software. Boehm Creative cannot guarantee a correct or identical function with all browser software.
Boehm Creative requires 30 days written notice of cancellation of website hosting. If Website hosting has been purchased for a 12 month period there is no refund for the remainder of the 12 month contract.
Boehm Creative offers maintenance packages for websites. You will need to refer to the specific inclusions of your package contract as packages vary depending on price and requirements. If a maintenance package is in place, the use of maintenance hours may include some of the following services: content updating, web page design, search engine optimisation, online marketing and research.
Boehm Creative shall make reasonable efforts to provide continuing Client availability to the Server and the Services but shall not be liable for service interruptions or down time of the Server.
Sometimes Boehm Creative may restrict access to the html code and CSS of its websites to protect the websites from being modified, incorrectly coded, and from loss of coding data. It is also a measure of intellectual property protection of Boehm Creative’s code.
Boehm Creative owns the intellectual property of the items designed, created and coded (see section 15) of any of Boehm Creative’s websites. When websites are built by Boehm Creative creative in a particular content management system (CMS), the website must remain in this CMS system and cannot be moved to an alternative hosting or CMS.
It is the client’s responsibility to input content (text, images and links) into eNewsletter (eMarketing) templates created by Boehm Creative in the Business Catalyst system and/or other systems. Boehm Creative takes no responsibility for the content inputted or sent out to recipients from the emarketing system.
Most websites that Boehm
Creative creates with a content management system have a database. Often the
Database captures information from various forms such as contact and sign up
forms. It is the responsibility of the client to maintain their database,
upload additional contacts, clean their database (unsubscribes, bounces) and
segment/sort their database. Clients can also upload additional information
from external sources into their database. Boehm Creative takes no
responsibility for the upload of database information or for any data stored in the database. It is the client’s responsibility to back up their data at regular intervals.
Website Reporting. Boehm Creative will provide an overview of the Reporting and Analytics section of the Business Catalyst platform as part of the training session, where visitor interaction with the website is tracked and recorded. However it is up to you, the client, to fully familiarise yourself with the Reporting Tools, and use these as required by you to your organisation’s unique and specific needs. Every client has different reporting needs and as such Boehm Creative can not cover all variables. Therefore only a general overview is provided.
Boehm Creative does not offer full access to the back end of the Business Catalyst CMS system. This means clients are limited to content access only. Clients do not have access to any structural or functional components of the website that effect the overall operation of the site. This means no access to templates, CSS, HTML, code, forms or module specific templates.
Exception to 13.16 – Only if granted in writing by Boehm Creative Creative
14. Web Hosting
The Client is solely responsible for maintaining adequate backups of their website content.
Boehm Creative will endeavour to maintain network stability and satisfactory service levels however:
- Servers used by Boehm Creative may from time to time perform routine maintenance, services and upgrades.
- Boehm Creative will undertake to act on such instances at the most convenient times and provide reasonable notice by any means Boehm Creative may deem satisfactory.
- Servers used by Boehm Creative may experience outages beyond Boehm Creative’s control.
- At Boehm Creative’s discretion, Boehm Creative may provide notification of outages whether planned or unplanned.
The Client releases Boehm Creative from any claim or potential claim with relation to outages and any loss of business/service suffered by the Client or any third party.
Boehm Creative cannot guarantee the availability of any domain name. Where Boehm Creative is to register a domain name on behalf of a Client it will endeavour to do so, but the Client should not assume a successful registration.
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Boehm Creative cannot guarantee any particular placement. Acceptance by a search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also often vary as new sites are added.
Boehm Creative may discontinue services if an amount payable to Boehm Creative is overdue or take down a website permanently in any case where an amount payable is overdue by more than 10 days. In any such event, the Client remains liable for the total cost of the contract including all disbursements unless otherwise agreed between the parties.
The Client agrees to allow Boehm Creative to place a small credit on printed material, exhibition displays, advertisements and/or a Boehm Creative credit on the Client’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page. On websites this will link to Boehm Creative’s own website.
The Client also agrees to allow Boehm Creative to showcase the Client’s websites and other designs, along with a link to the Client’s site on Boehm Creative’s own website for promotional purposes.
Boehm Creative offers a range of hosting levels each with different inclusions and different pricing. Hosting prices may reasonably vary without notice.
Websites hosted by Boehm Creative must be hosted on the Business Catalyst content management system unless another agreement has been arranged and formalised in writing.
15. Intellectual Property
Boehm Creative is the owner of all intellectual property including copyright in all artistic and literary works (including but not limited to logos, images, designs, photographs and website code – the “Works”) created by Boehm Creative or its agents.
The Works have been created for the Client for a specific purpose. Boehm Creative licences the Client to use the Works for the Client’s specific purpose only. The Works may not be used for any other purpose unless authorisation is given in writing from Boehm Creative. Boehm Creative does not authorise the perpetual use of the Works, nor any reproduction, selling or hire of the Works or any items or materials used in the Works supplied by third parties.
Boehm Creative retains the right to use the Works in any of its own marketing collateral.
Boehm Creative’s rights will not affect any pre-existing intellectual property rights of terms or materials used in the Works. For example, Boehm Creative may make use of external image libraries and text, images, materials and ideas supplied by the Client or a third party. If the Client provides any items or materials to Boehm Creative for use in the Works, the Client warrants that the use of the items or materials will not infringe the rights of any third party and indemnifies Boehm Creative for any loss or damage arising from any such infringement.
The sole exception to the above is logo design and supply. Logos developed and produced will remain the intellectual property of Boehm Creative until the logo is finalised and full payment for its creation has been received. On receipt of payment in full for the logo design, full intellectual property rights will be assigned to the Client. Boehm Creative reserves the right to use the logo in any of its marketing material and items.
16. Trade Marks
Any design work created by Boehm Creative over which the Client obtains ownership will not automatically be protected by a trade mark. This includes items such as Logos, Words, Names, Images, Branding, an aspect of shape, colour, sound or scent – or any combination of these.
It is the responsibility of the Client and/or owner to investigate the availability or possibility of registering the work as a trademark and also to undertake the process of registration.
17. Solicitation of Employees
Throughout the duration of any project and for a period of 24 months thereafter, the Client shall not solicit or endeavour to entice away an employee, agent or any sub-contractors, employees or agents of Boehm Creative with an offer of employment unless Boehm Creative has expressed permission in writing for that offer to take place.
Boehm Creative’s vouchers can only be used for Boehm Creative’s in-house creative services which include Graphic Design, Website Design and Development , Social Media Management (It cannot be used for any services of manufacture or where a third party supply is involved). The voucher is required to be used within the specified period noted on the voucher. A voucher is not valid if does not contain an approval signature of an authorised Boehm Creative employee, voucher number and validation period (Validation period must be 12 months or less). Boehm Creative reserves the right to change the terms of its voucher at any time. Vouchers to a value more than $500 ex gst require a signature from the Director to be valid. Vouchers can not be used in conjunction with an other offer or with any other voucher.