TERMS & CONDITIONS
1. User Agreement
Please read this agreement carefully before accessing or using the information and services available through www.creativechinuch.com (“Website”). By accessing or using the Website, you agree to be bound by the terms and conditions (“Agreement”) and our Privacy Policy. Creative Chinuch (ABN 74 928 267 340) may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Website.
This Agreement is between you and Creative Chinuch (ABN 74 928 267 340) (referred to in this Agreement as “we”, “us” or “our”).
2. Definitions
(a) “Website Service” means all services provided by Creative Chinuch (ABN 74 928 267 340) via the Website including information services, content and transaction capabilities on the Website.
3. Registration and User Requirements
(a) In order to access the features of the Website, you must register. The registration process requires you to provide us with personal information including:
(a) your name;
(b) your address; and
(c) valid email address.
To ensure the provision of the Website Service, you must ensure this information is accurate and current.
(b) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using elements of the Website, you give implied consent to receive certain communications.
(c) You may opt-out of the Website and Website Service at any time.
(d) To register an account and use the Website you must:
(a) be at least 18 years old; and
(b) have capacity to enter into a legally binding agreement.
4. Access and use of the Website
(a) You must only use the Website in accordance with these terms and any applicable law.
(b) You must not (or attempt to):
(a) interfere or disrupt the Website;
(b) use data gathering or extraction tools on the Website;
(c) interfere with security-related or other features of the Website; or
(d) use, copy or distribute the Website or any material on the Website without our express permission.
(c) We may refer any fraudulent or abusive or illegal activity to the relevant authorities.
(d) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. Creative Chinuch (ABN 74 928 267 340) is not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
(e) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must take immediate steps to re-secure your account (including by changing your password).
(f) You must not use another member’s account without our, and/or the other user’s, express permission.
5. No guarantees as to the Website availability
(a) Creative Chinuch (ABN 74 928 267 340) does not warrant that the Website will be available at all times and without disruption.
(b) Creative Chinuch (ABN 74 928 267 340) does not give any warranties in relation to the content of any other website linked to or from our Website.
(c) Creative Chinuch (ABN 74 928 267 340) provides no warranty to you that the services generally available through its Website will be uninterrupted or error-free or that defects in the service will be corrected.
(d) You also understand that Creative Chinuch (ABN 74 928 267 340) cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
6. Information on this Website
(a) Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
(b) You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose.
(c) You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by these terms and conditions.
(d) You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with Our prior written consent.
7. Purchases
(a) The Website will sell graphic design services and related services.
(b) You may purchase our products or services through the Website. Once you place an order, you will receive an order confirmation.
(c) In Australia, our goods and services comes with guarantees that cannot be excluded under the Australian Consumer Law.
(d) All warranties which are not guaranteed by Australian Consumer Law or the Competition and Consumer legislation are expressly excluded where permitted, including liability for incidental or consequent damages caused by breach of any express or implied warranty or condition.
8. Disclaimer and Liability
(a) Creative Chinuch (ABN 74 928 267 340) excludes all liability to you or any third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, harmful code or communications which may be transmitted to or through our Website by any third party.
(b) Where any law provides a guarantee which may not be lawfully excluded, the liability of Creative Chinuch (ABN 74 928 267 340) will be limited to that provided by law.
(c) In no event shall Creative Chinuch (ABN 74 928 267 340), its affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence), except as required by law. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
9. Indemnity
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
10. Price, Payment Terms & Job specifics
(a) The price of our products and services and other charges shown on the Website are current at the time of display, but may be subject to change.
(b) All images and text to be supplied electronically in a usable format
(c) Custom graphic assets or stock assets that are not available to us through our stock subscriptions are not included in this quote unless otherwise agreed on by both parties.
(c) Custom graphic assets or stock assets that are not available to us through our stock subscriptions are not included in this quote unless otherwise agreed on by both parties.
FIXED PRICE JOBS:
(a) Unless otherwise agreed, deliverables may go through 3 rounds of revision. (Draft V1,V2,V3 and v4)
(b) Further revisions, additions or extra pages requested after the initial work
brief, which are not included in the original brief and quote, will be charged at at our standard hourly rate; the total of which will be added to an additional invoice.
(c) All designs not approved by the client remain the sole property of Creative Chinuch.
(a) Unless otherwise agreed, deliverables may go through 3 rounds of revision. (Draft V1,V2,V3 and v4)
(b) Further revisions, additions or extra pages requested after the initial work
brief, which are not included in the original brief and quote, will be charged at at our standard hourly rate; the total of which will be added to an additional invoice.
(c) All designs not approved by the client remain the sole property of Creative Chinuch.
(d) Payment Terms:
Unless otherwise agreed
Unless otherwise agreed
50% of the total to be paid upfront
50% of the total to be paid upon completion
50% of the total to be paid upon completion
HOURLY JOBS
(a) Payment Terms:
Client will prepay for time in time segments as agreed.
(a) Payment Terms:
Client will prepay for time in time segments as agreed.
RETAINERS/PARTNERSHIP AGREEMENTS
(a) According to the terms set out in the agreement.
11. Ending a Job
A job is complete upon the acceptance of the agreed deliverables.
In the event that;
(a) the job limitations are reached before the deliverables are accepted, the job is still complete.
For example: A job that has 3 rounds of revision and the client does not accept v4, the job is still complete.
Example 2: The job was limited to 20 hours and that limitation is reached before the deliverables are accepted, the job is still complete.
Example 3: The job had a limited time frame and the job was delayed beyond the time frame due to a delay on the side of the client, the job is still complete.
(b) the client does not accept or reject the deliverables within 14 days of Creative Chinuch's most recent delivery via normal communications channels (Whatsapp, email, phone etc.), the job is still complete.
12. Intellectual Property
(a) Creative Chinuch (ABN 74 928 267 340) owns all intellectual property rights, including but not limited to, copyright in material and/or Website Services provided by Creative Chinuch (ABN 74 928 267 340). You must not use our marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our express written consent.
(b) Copyright in the material and trademarks on this Website are owned by Creative Chinuch (ABN 74 928 267 340). You must not infringe on any intellectual property rights owned by Creative Chinuch (ABN 74 928 267 340).
(c) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
(d) You may not:
(a) modify or copy the layout or appearance of the Website nor any code contained in the Website; nor
(b) attempt to discover or access any source code related to the Website.
(e) Unless otherwise agreed, Creative Chinuch retains the IP of the content it create, including, but not limited to;
reproduction rights: the right to make copies of a protected work,
distribution rights: the right to sell or otherwise distribute copies to the public,
performance and display rights: the rights to perform a protected work (such as a stage play) or to display a work in public and
right to create adaptations: the right to prepare new works based on the protected work (called derivative works).
(f) Our clients retain the IP of the content they commission us to make, including, but limited to;
reproduction rights: the right to make copies of a protected work,
distribution rights: the right to sell or otherwise distribute copies to the public and
performance and display rights: the rights to perform a protected work (such as a stage play) or to display a work in public.
They may not create adaptations or prepare new works based on the protected work (called derivative works) unless otherwise agreed.
(g) Appropriate credit and acknowledgment for work produced by the agency should be attributed to Creative Chinuch where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise prearranged with the client.
13. Information does not represent professional advice
(a) You acknowledge and agree that information published by Creative Chinuch (ABN 74 928 267 340) is intended to provide general information in summary form on legal and other issues.
(b) It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Website.
(c) In no event will Creative Chinuch (ABN 74 928 267 340) be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.
14. Transfer and Assignment
Creative Chinuch (ABN 74 928 267 340) may assign or novate the rights under this Agreement to its subsidiary or business successors without your consent.
15. Privacy and Personal information
While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party.
If you provide us with any personal information our Privacy Policy (below) will govern how we will use or disclose that information. Please review and understand our Privacy Policy.
16. General
(a) Creative Chinuch (ABN 74 928 267 340) will not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond its reasonable control.
(b) This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
(c) If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
(d) Any election for Creative Chinuch (ABN 74 928 267 340) not to exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by Creative Chinuch (ABN 74 928 267 340).
(e) We may change these terms at any time, and changes will be posted on the Website.
(f) You agree to be bound by any changes by your continued use of the Website.
(g) Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
17. Notification
The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
18. Conclusion
These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Creative Chinuch reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.
PRIVACY POLICY
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.creativechinuch.com (the “Site”).
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above.
For example, we use Ecwid to power our online store – you can read more about how Ecwid uses your Personal Information here: https://www.ecwid.com/privacy-policy.
We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at info@creativechinuch.com.