- “Lollipop Creative Studio” is Maria Yulinda Bradley trading as Lollipop Creative Studio.
- “The Client” is the party that has made a booking for the services of Lollipop Creative Studio.
- An “Order” refers to a request for Goods or Services.
Application of Terms & Conditions
- These Terms and Conditions apply to each and every dealing between the parties Lollipop Creative Studio and the Client, and the Client agrees to adhere to these Terms and Conditions and will that they prevail over any other verbal, implied or written conditions, whether verbal, implied or written to the extent of the permitted law.
- These Terms and Conditions may be changed by Lollipop Creative from time to time, and the then current version of the Terms & Conditions shall be binding upon the Client.
- The client assumes full reproduction rights upon full payment for completed project.
- Lollipop Creative Studio retains personal rights to use the completed project and any preliminary designs for the purpose of marketing of Lollipop Creative Studio. Any concepts that have not been chosen by the client remain the property of Lollipop Creative Studio.
- Lollipop Creative Studio reserves the rights to certain elements used to create your images, including but not limited to: fonts, patterns, stock images, textures, colour palettes and other non exclusive items. Rights to photos, fonts, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. The client is assigned rights to use the design, graphics, and text contained in the finished assembled projects, (with the exception of logo where copyright is transferred to client upon payment).
- Additional elements used and required by clients, including but not limited to: fonts, patterns, stock images, textures, colour palettes and other non exclusive items which require purchases will be quoted separately and only appropriate rights will be transferred to the clients.
Proofing, Colour Matching & Print Quality
- Computer proofs, such as PDF, EPS, AI, JPEG, PNG or otherwise, are not to be used as colour or matching reference.
- The client is responsible to obtain a colour matching integrity proof from their chosen printer to check colour, text placement, spelling for every print ready file obtained from Lollipop Creative Studio. Due to the nature of CMYK printing colour may vary from print run to print run, Lollipop Creative Studio accepts no responsibility for files that do not print correctly.
- Lollipop Creative Studio is not responsible and cannot be held liable for any errors in the final product after the client has signed off/ approved the design, or after the final product has been committed to print or posted in view of the public. The Client is fully responsible for reprint and productions costs should they decide to print again. No refunds will be issued by Lollipop Creative Studio.
Supply of photos for use in designs
- You must only supply photos to which you own copyright or have permission to use. By using the services of Lollipop Creative Studio you indemnify Lollipop Creative Studio against any claim regarding unauthorised use of an images.
- Clients must provide all full colour printing images in CMYK format. Lollipop Creative is not responsible for any colour shift that occurs in conversions from RGB to CMYK colour modes.
Third Party Resources
- If you require us to source stock images or fonts which we do not currently have “in-house”, we can source these on your behalf at an additional cost to you which will be included in our estimate. Please note that we specifically cannot transfer ownership on fonts we use for your logo or artwork, unless if they are free fonts.
- We take no responsibility of any of the third party products, software or components used in the website development such as payment gateway, SSL certificates etc. Unless included in the estimate, if you require us to research, source and install additional (free or premium) plugins, we can source these on your behalf at an additional cost to you.
- Unless otherwise agreed for ongoing fee, we do not provide maintenance for the site. Once you sign off the website, you are responsible for security, updates, or back ups.
- Updates: where developing a website, we will design the site to work with the version of the content management system (CMS) and any plugins specified in the scope, or if no version is specified, the version current at the commencement date. Lollipop Creative is not responsible for any updates or changes to enable the site to work with prior or later version of the CMS or any plugins, or any error caused by work commenced by third party.
- BIGCOMMERCE/SHOPIFY: we will design the site within the capability and the features offered by BigCommerce/Shopify. We are not responsible for any updates and changes that might cause error on the site, and any bugs or errors which is outside our scope.
Quotations, Pricing and Turnaround
- All quotations are valid for 14 days from the date on the quotation. A quotation not accepted within 14 days is subject to review. All prices are quoted in Australian Dollars (AUD$).
- Any additional concepts or work not outlined in the project proposal will be charged at an hourly rate.
- Lollipop Creative Studio reserves the right to change pricing at our discretion and without notice.
- If any alterations to the project inclusions or specifications are required a requote is to be obtained.
- Any quoted turnaround times are approximate and although Lollipop Creative Studio will make every effort to meet the deadline(s), Lollipop Creative Studio will not be held liable for any costs or damages resulting from late artwork deliveries.
- Payment can be made by Direct Deposit (preferred) or PayPal. All PayPal payment attracts 4% surcharge.
- The Fee is based on the requirements you have communicated to us. If your requirements change, our Fee may change also. If the Fee is estimated to be Two Hundred Dollars ($200) or less we require payment in full before we will commence providing Services. If the Fee is estimated to be Two Hundred Dollars ($200) or more we will not start work until you have paid a project initiation fee of 50% of the estimated fee. This Fee is non- refundable.
- All final artworks are deliverable after the payment has been made.
- All work not completed or that have been terminated on your request at any stage of development will be issued as ‘work to date’.
- In the event of cancellation of the project, ownership of all copyrights and original artwork is retained by Lollipop Creative. All designs from the commencement of concepts, once deposit has been made are chargeable even if the designs are not accepted and work is cancelled prior to completion.
- Any non-payment will be escalated after three months and The Client is responsible for any costs incurred for the third party involvement (fees/commissions payable to the debt collectors) with 3% late payment fee for each week it is not paid.
- The Client agrees to indemnify and hold harmless Lollipop Creative Studio for all claims of any nature pertaining to the services and goods provided. This includes the loss of missing projected deadlines set for completion of work, and loss of any information stored in Lollipop Creative’s computers. This indemnity agreement also includes claims relating to software or any other copyrightable materials furnished by the client, and from all copyright claims and/or misappropriations.
Acting in Reliance
- The Client warrants that the information provided by them is true and correct. The client acknowledges that Lollipop Creative Studio will act in reliance on this information.