These terms and conditions apply to all supplies of products and services from Forme Creative Limited to the Client.



FEES & PAYMENT

Quotes must be accepted by the Client before work is commenced. By accepting a Quote, the Client agrees to the terms and conditions outlined here.

All quotes provided by Forme Creative Limited will remain valid for 30 days from the date of issue.

All quotes provided by Forme Creative Limited are based on the information provided by the Client, and information available to Forme Creative Limited at the time of the Quote. Where circumstances change, Forme Creative Limited will be entitled to revise the terms of an Quote, including any Fees payable within any Quote. Where Forme Creative Limited anticipates that a Quote will need to be revised, it will use reasonable endeavours to advise the Client within a reasonable timeframe.

Unless agreed otherwise, the Client will pay all fees issued by Forme Creative Limited for Products and Services as follows:
1. Payment of 15% deposit for projects under $10,000 or payment of 30% prior to commencement of work for projects over $10,000;
And 2. The Client will pay all Fees by 20th of the month following receipt of invoice.

The Client agrees projects may be staged, and will be invoiced on a work-in-progress basis at the discretion of Forme Creative Limited.

Where applicable, the Client will be required to pay for font licenses associated with the final design, any printing, and any software and domains related to the website, additional to the quoted price. All extra fees will be discussed with the Client throughout the project.



CANCELLATION

In the event of cancellation of this project, ownership of all intellectual property and all designs shall be retained by Forme Creative Limited. All deposits are non-refundable upon cancellation of this project, and any additional expenses already incurred shall be paid by the Client.



REFINEMENTS, CHANGES AND ADDITIONAL SERVICES

All additional refinements, design changes, services and purchases will be negotiated in good faith between Forme Creative Limited and the Client. Additional refinements, changes, consultations or meetings may incur a fee.

The Client will also be consulted with before the purchase of any font licences, stock imagery, website software, etc. The payment for these purchases are required from the client by the end of the project.



OVERDUE PAYMENTS

Interest on overdue payments is calculated from the due date, at a rate of 5% per month, plus any expenses that may be incurred in recovering debt.



PROJECT TIMELINE

If the project extends four weeks beyond the estimated project completion date, an extra fee of 10% of total project cost per week will be incurred to account for the impact on successive project bookings, unless agreed to by both parties.



FAIR PRACTICE

Forme Creative Limited agrees that, to the best of our knowledge, all work completed is original and has not been previously published, and that consent for use has been obtained where applicable. The Client agrees that they will not hold Forme Creative Limited or their agents, employees or sub-contractors liable for failure to perform any aspect of the project in a timely manner or for any incidental or consequential damages caused by the Client’s usage of the final work following handover.



DISPUTE RESOLUTION

The parties agree that any dispute or disagreement arising out of, or in connection with this agreement that is unable to be resolved informally will be settled in arbitration by a sole arbitrator in accordance with the New Zealand Arbitration Act 1996 and its amendments. The location of arbitration will be Christchurch, and the law applicable to arbitral proceedings and the matters in dispute will be New Zealand.



OWNERSHIP

Forme Creative Limited hereby assigns to the Client all rights, title and interest in the work produced or developed under this agreement, including all patent, trade secrets, trademark rights, and copyrights, conditional on Forme Creative Limited being paid the full amount owed under this agreement. Forme Creative Limited shall retain the right to use the work for self-promotion, such as for portfolio, social media, website and marketing purposes. All preparation materials, sketches, visuals, concepts and files used to create the project remain the property of Forme Creative Limited.



ACCEPTANCE OF TERMS

The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Forme Creative Limited as sender and the Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.



SOCIAL MEDIA AND MARKETING

The Client gives permission for Forme Creative Limited to share any designs related to the project (final and in progress) on Forme Creative Limited’s social media, website and in other marketing purposes. The Client gives permission to be subscribed to Forme Creative Limited marketing emails, of which the Client may unsubscribe at any time.

If you have any questions or concerns related to your project or this contract, please contact us via email: hello@formecreative.co.nz.